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What are the implications if frontline staff refuse vaccination?
Keep an eye on employment tribunal listings: many of the issues facing employers in the recovery from the pandemic – from care staff refusing vaccinations to onsite COVID-19 testing – are going to get tested in court. Eamon McGoldrick looks at significant challenges facing housing providers
The full impacts of the pandemic were always going to be difficult to predict, but just recently I have been reflecting on the wide range of challenges that are now facing senior managers in their roles as employers.
In the first lockdown, many staff put all their energy into keeping services running and helping the most vulnerable residents in our communities. There was a buzz, as staff got to grips with homeworking and accelerating digital service delivery. Working via a laptop balanced on the edge of the kitchen worktop had a novelty value.
Nine months on and I am seeing a very different picture. Staff are less resilient, having worked many months without a real holiday. Balancing homeschooling with homeworking has been very stressful for many – and, of course, the latest lockdown during the dark, cold days of winter has not helped.
Many employers are reporting relationship breakdowns and deteriorating mental health among some of their staff. Employers that thought they might no longer need office accommodation are planning for the day when staff can come into a building just to meet, socialise and reconnect with their colleagues.
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HR managers are busy checking with staff to see what they need. In some cases, it will be practical things like IT upgrades, but in others it will be referrals for support with mental or physical health concerns.
It also looks as if working patterns have changed for the long term, which in itself is a challenge. Some staff might have thought working from home was going to be temporary. They may have struggled if living on their own or in cramped accommodation. How will they feel if they are told homeworking is permanent? It will suit some, but not all.
Another issue is PPE compliance. Last spring, the main challenge was finding enough PPE to go around. I don’t hear any more stories about shortages, but I have recently heard of staff not wearing or using PPE correctly, which will one day soon lead to employers having to take action.
How long will it be before a resident complains that an operative visiting their home had their face mask around their neck, putting the health of that resident at risk? Photographic or video evidence of such behaviour could result in suspension and or disciplinary action. Managers will need to constantly remind staff of their responsibilities when in contact with customers.
Similarly, many employers are now providing lateral flow tests to protect their staff and service users. I have heard of some employees refusing to take the tests. Is that acceptable?
Even more of a challenge is frontline staff refusing to take the COVID-19 vaccines that are now available to them. In some care homes and extra-care schemes, refusal rates are as high as 30% to 40%.
Managers can’t force staff to take the vaccine, but they are working hard to explain the benefits and dispel the fake news circulating on social media. How long before someone thinking of placing a relative in a care home asks what percentage of staff have taken the vaccine, as part of their decision-making process?
Junior staff who want to be managers one day, but are refusing the vaccine, will not be helping their career prospects. Managers are expected to lead from the front and role-model the right behaviours.
Also, what is the situation if an employee refuses the vaccine and is then off work for an extended period of COVID-related sickness? Does the member of staff have any personal responsibility for this outcome or does the employer still have full liability for sick pay?
We are going to be seeing annual vaccination programmes far into the future, so this is not a one-off challenge. Employers are going to have to think hard and some are considering introducing revised contracts for new starters, which will make it a requirement that they take part in annual vaccination programmes.
Keep an eye on employment tribunal listings, as many of these issues are going to get tested in court.
Eamon McGoldrick, managing director, National Federation of ALMOs
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