Since 11 November 2021, workers in Care Quality Commission (CQC) regulated care homes in England must be vaccinated against COVID-19, unless they are exempt.  The Health and Social Care Act 2008 (Regulated Activities) (Amendment) (Coronavirus) (No 2) Regulations 2022 (SI 2022/15) then extended mandatory vaccination to all workers in the health and social care sector who have face-to-face contact with service users, from 1 April 2022. 

In order to meet the deadline, affected workers would need to have the first dose of the vaccine by 3 February 2022. The NHS guidance on mandatory vaccination for healthcare workers currently advises that notice of termination could be given to employees who remain unvaccinated after that date. 

 

In light of "dramatic changes" (greater population protection and the reduced severity of Omicron compared with Delta) since the original decision, the government is now of the view that a statutory mandatory vaccination requirement is no longer proportionate given the impact on the existing NHS staffing crisis. On 31 January 2022, the Secretary of State for Health and Social Care, Sajid Javid, announced the government's intention to revoke both sets of regulations relating to mandatory vaccination in the health and social care sector and care homes, subject to a two-week statutory consultation and parliamentary approval. In a parliamentary debate, the Secretary of State confirmed that unvaccinated care home workers dismissed from their roles may choose to work there again, without reinstated continuity of employment.

 

The consultation is expected to be published shortly. NHS leaders have advised NHS employers requesting that they do not serve notice of termination on unvaccinated employees. 

So after huge controversy and much debate, is the mandatory vaccination regime now over?  Watch this space.