Acas has updated its 'Working Safely Guidance' to provide further information about workplace testing and vaccination for COVID-19.

The updated guidance contains a new section setting out what it would be good practice for employers to discuss with staff when agreeing to implement workplace testing. This includes how testing would work, how staff will get their test results and how the employer plans to use and store testing data in line with the UK GDPR. If staff are concerned about testing, the guidance suggests that it may help for employers to consider paying them their usual rate of pay for time off after a positive test or furloughing them. However, in our view, it is unclear whether the CJRS can be used in this way given the law/guidance behind the scheme - so we would not enthusiastically endorse ACAS' advice in this respect!

The guidance now also contains a page dedicated to vaccination issues. This highlights similar points for discussion as in relation to workplace testing and suggests that employers could consider offering paid time off for vaccination appointments and full pay (rather than SSP) if staff are off sick because of vaccine side effects. The guidance advises that, in most circumstances, it is best for employers to support staff to get the vaccine without making it a requirement. However, if an employer feels it is important for staff to be vaccinated, they should consult with staff. Where further steps are necessary, these should be recorded in writing (for example, in a policy). 

Interestingly, several points which were previously contained in the guidance have now been removed. In particular, the guidance no longer states that: 

·         Employers cannot force staff to be vaccinated.
·         Employers should only make getting the vaccine mandatory if it is necessary for the job.
·         That, if an employer believes that an employee's reason for refusing a vaccine is unreasonable, this may in some circumstances be a disciplinary issue.

The removal of these points suggests an acknowledgement by ACAS that these issues are not straightforward and their previous stance (which was very slanted towards protecting employee rights and liberties) has been somewhat changed.  Nevertheless, these are still likely to be issues that employers will need to grapple with over the coming months.

We would advise all employers to carry out full Risk Assessments before having employees return to the workplace in large numbers, seeking specialist advice along the way.