Employers cannot force staff to have the Covid jab.

The Manx Industrial Relations Service (MIRS) has issued guidance on vaccinations and the workplace.

Industrial relations officer Julie Bradley said: ’Employers should support staff in getting the Covid-19 vaccine, but they cannot force them to be vaccinated.’

MIRS advises employers to talk with their staff about the vaccine and share the benefits of being vaccinated.

Bosses should be sensitive towards individual situations and keep any concerns confidential.

Some people may have health concerns such as allergies or be protected from discrimination if, for example, they are pregnant.

Staff should talk to their doctor if they’re concerned about their health and getting the vaccine.

So what if the employer decides it is necessary to have the vaccine?

This could be the case, for example, if staff travel to other countries for work and need vaccinations.

While employers cannot force staff to have the vaccine against their will, they could consider a policy requiring staff to be vaccinated in order to attend the workplace - with the threat of disciplinary action for those who refuse to do so.

However, such a policy could expose the employer to unfair dismissal claims if employees with at least one year of service are dismissed as a result of their refusal.

It could also expose the employer to discrimination claims from those who refuse to be vaccinated due to religious or philosophical beliefs or because of health concerns related to an underlying disability.

MIRS says that any vaccination policy should therefore be based on a risk assessment which considers the nature of the work and the risks of infection to colleagues and clients, and also takes account of any guidance from Public Health.

Outside of the health and social care sectors, it would seem difficult to justify a policy of requiring staff to be vaccinated.

If an employer decides such a policy is necessary, they should agree it with staff or the workplace’s recognised trade union.

The agreement should be put in writing, for example in a workplace policy.

If an employer believes someone’s reason for refusing the vaccine is unreasonable, it could result in a disciplinary procedure.

If an employee believes their employer is being unreasonable they should try to resolve the problem informally. If this doesn’t work staff can raise a grievance formally through their union.