Covid related employment tribunal cases
Legal news

COVID-19 Vaccination clauses in offer letters and contracts of employment

Samira Cakali Samira Cakali
2 min read

We are now seeing such clauses which require employees to confirm their vaccination status. Employers are entitled to include as a condition of employment or continued employment that candidates/employees are vaccinated and may be required to provide proof.

Vaccination status requirements at work

Employers may dismiss staff who provide false information on this and refuse to employ those who decline to provide proof or who are not vaccinated. It will be interesting to see if any claims are brought from existing employees with more than 2 years service who refuse to be vaccinated for whatever reason. 

Employers will argue that it is a reasonable and lawful request and that a refusal amounts to refusal to comply with a management instruction and therefore gross misconduct. New employees and candidates/job applicants cannot claim unfair dismissal and would have to rely on discrimination, citing a philosophical belief as the protected characteristic. Very interesting.

Employment tribunal has increase in covid related cases

We have now seen many covid related cases reported in the employment tribunal and these are just a sample of the type of cases which have been heard and decided in the last 6 months.

  • Raising concerns about COVID-19 safety measures at the start of the pandemic
  • Raising concerns about lack of PPE
  • Leaving workplace over concerns about infecting children
  • Requesting home working or furlough
  • Refusal to deliver equipment to self-isolating manager
  • Refusal to attend work
  • Refusal to wear a mask
  • Refusal to agree changes to employment contract
  • Deferring commission payments during furlough
  • Redundancy instead of furlough
  • Redundancy during furlough
  • Accrued holiday pay during furlough
  • Furlough without consent
  • Victimisation: failure to furlough employee on long-term sick leave
  • Sex and disability discrimination: requiring employees to use annual leave and accrued TOIL to cover COVID-related absences

Please contact us for more information about these cases. If you require a covid vaccination clause for your contracts of employment please call 0113 320 5000 or fill in the contact form today.

Client feedback

I recently worked with Dervinder on a matter requiring professional services. Throughout the process, he was consistently responsive, proactive, and professional. He took the time to explain each step clearly and always acted with integrity and care. His communication was excellent, and I felt supported and informed at every stage.Although still a trainee solicitor, Dervinder conducted himself with the assurance and attention to detail of someone far more experienced. I wouldn’t hesitate to recommend him for anyone seeking professional legal services.
Michael
Winston's supported me with their professional services. They were very swift in responding to my initial enquiry, then very quickly put me in touch with someone with the correct professional experience. They explained every step of the process and made the whole exeriance feel very easy.
Andrew
I have recently worked with Samira and Dervinder, and I couldn't be more satisfied with the service I received. From the very beginning, they were both professional, responsive, and extremely knowledgeable. They took the time to explain every step of the legal process in clear and understandable terms, and their attention to detail and genuine care for achieving the best possible outcome truly stood out. 10 out of 10!
Joanne
From first contacting Winstons Solicitor, I was really impressed with the care, concern and empathy with which I was met. My subsequent meeting with Samira continued in the same way and I was able to benefit from clear, concise and invaluable professional advice clearly gained from years of experience. Thank you.
Steven
I was happy with the service dervinder Roth provided for me and helped with my anxiety through the 12 month process I had to deal with.
Salman
I'm so glad I found Samira. She went above and beyond to make me feel heard and supported through a really chalenging situation at work. She is very experienced and takes a fair, balanced, and honest approach. I'd highly receommend her to anyone needing support wih workplace issues.
Anonymous
Amazing service from Winston Solicitors. Through my settlement agreement Dervinder explained everything thoroughly and helped understand what it was, what it meant and where changes were needed they sorted this to the timeline that was set. They were proactive and responded to all queries. They were very helpful and would recommend them completely as they explain in understandable terms for someone with limited knowledge of the process Thank you so much all!
Eve
Excellent solicitors. Responsive, fast and thorough!
Simeon
Contact Samira