Is mandatory vaccination at work legal?

The impact of Covid-19 in the workplace remains an ongoing challenge for employers. Two recent legal developments set out the obligations the law imposes on both employers and employees to protect against the transmission and impact of Covid.

In a Judgment handed down in the Labour Court earlier this year, it was made clear that dismissal was the appropriate remedy where an employee shows a blatant disregard for the health and safety of fellow employees by attending work in the full knowledge of being Covid-positive.

The second development has been the new Directions issued by the Department of Employment and Labour on 11 June 2021 that requires employers to conduct a risk assessment to consider making vaccination mandatory in the workplace.

In terms of these Directions, employers are required to identify categories of employees who on the basis of the risk of transmission of Covid-19 to them at work and risk of death or severe harm from Covid-19 due to age or comorbidities, should be subject to mandatory vaccination.

Read the HR-Pack Update July 2021 here

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