Consider teams that work closely together and have regular meetings and collaboration sessions. How would this work if you separated one or two people from the rest of the team? Creating a divisive work environment directly counteracts the movement towards inclusivity that most companies are – and should be – striving for.
Collaboration and innovation would surely suffer if a barrier is built between colleagues, with inevitable and maybe irreversible damage to workplace relations and company culture.
It is important to note that not everyone who decides against vaccination bases their judgment on something they have read on social media or unfounded conspiracy theories.
Many people do have valid grounds for refusing the vaccine; they could be medically exempt, pregnant or could refuse the jab due to religious or ethical reasons. Uncertainty about the efficacy and safety of the jab can also play a part, as can a phobia of needles or other psychological issues.
Aside from the moral implications, it is important to understand that employers who choose to go down the route of implementing separate working areas for vaccinated and unvaccinated employees are leaving themselves open to discrimination claims.
This is particularly true when it comes to employees who have refused the vaccine on religious or medical grounds, or due to pregnancy, all of which are protected characteristics under the Equality Act 2010.
Additionally, some employees who are medically exempt, but have chosen not to disclose underlying health conditions to colleagues, may also feel like their separation from the wider workforces highlights their medical issues, thereby breaching the implied term of trust and confidence in the employment relationship.
Employers should also keep in mind that any information relating to an employee’s health is protected information for which they could risk GDPR-related claims for sharing without express consent.
So, what would I advise?
Speaking to your staff and asking them their reasons for not getting vaccinated is a good place to start.
If they face barriers in getting the jab, such as having no way to get to a clinic or finding it difficult to get the time to do so, you could allow them to go during work time and even provide transport.
The safest route for employers to take – both morally and legally – is to continue to communicate the importance of maintaining good practices in the workplace to avoid transmission.
This includes mask wearing in communal areas, using hand sanitiser regularly, instigating deep cleans of the workplace, implementing social distancing and encouraging regular testing. Any employees who feel unwell should work from home and make sure that employees who need to self-isolate are able to do so.
Peter Done is managing director of law firm Peninsula
