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Law Re Covid Jabs And Work

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pixie374 | 14:36 Thu 16th Dec 2021 | Law
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Hi,

Regarding a previous thread- Just wondering what the actual legal wording is, in UK law, that can compel someone to have treatment or vaccines, in order to work?

19/20 years ago, for nursing, we had to either show proof at the start or sign a disclaimer form....which may well have changed since.

Does anyone know what the actual wording is please, between medical treatments and employment?

Thanks x
  
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If you look at the Signature page in the link, it was signed on 22nd July and sixteen weeks from that date was the 11th November.
17:25 Thu 16th Dec 2021
The law in England says that care home staff and volunteers must be vaccinated. There's currently no other law in England, Wales or Scotland that says people must have the vaccine.

https://www.acas.org.uk/working-safely-coronavirus/getting-the-coronavirus-vaccine-for-work
There is no statute that makes vaccination compulsory for work or anything else. In fact there is legislation that prevents compulsory medical treatment of any kind (into which vaccination falls). However, provided they do not discriminate against people on the basis of "protected characteristics" (race, gender, etc.) then employers can make any conditions they wish for their staff. This is something that will almost certainly be tested in court, probably next Spring when the NHS sacks tens of thousands of its staff who have refused vaccination.
NJ; I hope NHS staff will decide that they value their jobs more than they resent being told what to do.
Yes Zacs is quite right about the care home legislation (to be followed by similar for the NHS next Spring).

My remarks applied to employment generally.
Question Author
Thanks both x I know it was recently changed for a few, but not really been challenged yet.
I had wondered if there had already been something in law? Is this a first?

When this first came out, the residential homes seemed to be objecting with "discrimination", but i don't think any cases have got to court yet?
Previous thread:
those seeking employment can be 'forced' to be vaccinated -
easy they dont get the job if they arent
( yes I know : semantics) - yeah but no but , can they chain them to radiators and advance upon them with Great Big Syringes and blunt reused and unclean needles? - and inject them with Madonna control vaccine - can they huh?

(a)Vaccination in NHS has been well tested over 20 y for existing staff. - The current advice which was rewritten after a squabble in 2000, prescribes persuasion. I am sure you will agree that those who were hep B positive did NOT have a right to go on doing things like delivering children or surgery. So demanding vaccination seemed logical and safe ( for the patients that is!)
This is not new - you move them to a non clinical post - nearer and nearer the door. Then when there is a reorg, you tell them they dont have a job....This is now not a problem -

The govt as far as I can see - has tried a ministerial doo-dah allowing employers to fire at the end of all this. They have been told that primary legislation is needed. They said they would bring in legislation - 2022

This is a non event quite honestly - Khandro - who stroked after no 2 is clearly gonna be exempt under any regime.

Naughty Naughty TTT who mentioned the Google 'threat to life - get vaccinated or DDDDIIIIIIEEEE' was being his usual *** - a deliberate misquote larded with later " we knew all that"s

Google in the new year according to the Times is going to ask for evidence of vacca - move to paid leave for a month - move to something else for six months and then thereafter fire. Actually very like the procedure (a) above which has been tried for 20 y.

quite different from 'forcing people to be vaccinated'

AB really has to get a grip on this - and stop posting things like
"foo my employer said he would cut my left hand off unless I got vacca? is he allowed to do that?" - and his dog, is his dog allowed to eat human body parts?

on further questioning, 'my' isnt the poster, it is the poster's friend Madge. Madge's cleaner said her cousin, you know the mad one, the one who wanders around in his underpants the whole time, he went for a job and HE says .....

I have sympathy for High Court |Judges ( underpaid things they are) - we dont deal in hypothetical questions
No it is not new
no it is not a first
Question Author
Zac's link also says
//Health and social care staff in England
The government has proposed a change in the law. It would require people working in a CQC-regulated health or social care workplace in England to be fully vaccinated, unless they are exempt.

This is not currently the law. The government plans to introduce it in April 2022.//
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Which ones, pp please? None of those were compulsory in nursing 20 years ago. I was asked to have Hep C (not B), which I did, and had to show proof of BCG. But if I didn't or wouldn't, I would have had to sign a form. It wasn't no jab, no job... unless brought in in the last 18 years?
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//( yes I know : semantics)//

That's fine, pp, that's how the law works, do you know the actual wording please?
One of the pieces of legislation approved by MPs earlier this week is The Health and Social Care Act 2008 (Regulated Activities) (Amendment) (Coronavirus) (No. 2) Regulations 2021.

Once that becomes law, the regulation requiring the jags takes effect twelve weeks later.

That period is required to allow folk enough time to either get the jags or demonstrate they satisfy the requirements of the Regs.

With the Care Worker Regs, the period given was sixteen weeks.
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Thanks corby. Is the acas link wrong then?
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Ah, sorry, this week. How about all those sacked from 11th November? That surely must have been covered by some law at the time?
when i did nurse training nearly 30 years ago, part of them accepting you onto the course was requiring you to be vaccinated against Hep B
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It was B, not C, sorry pp. But a choice of a form instead. Around year 2000...
That link was last reviewed 18 November and if the legislation is put into law to-day, the twelve weeks will be 10th March 2022 so ACAS is not that far out.



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Corby, thousands of care workers were sacked on 11th November this year. What law was that under, at that time? Does anyone have the wording please? And the date?
The Regs affecting only workers in care home is The Health and Social Care Act 2008 (Regulated Activities) (Amendment) (Coronavirus) Regulations 2021.
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Thank you, corby x
https://lordslibrary.parliament.uk/health-and-social-care-act-2008-regulated-activities-amendment-coronavirus-regulations-2021/
That gives 16 weeks from October. It still doesn't cover November. It doesn't affect me personally, just wondering how these cases will go.
There doesn't seem to be anything suggesting it was legal at that point... so far.

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