British employers have been warned that forcing staff to have the coronavirus vaccination could amount to a criminal offence, amid concerns over “no jab, no job” policies emerging.
Only care home staff in England will need to have both vaccine doses to work under current legislation, with a consultation taking place on whether to extend this to NHS employees.
But in the US, tech giants Facebook and Google are among those to say their staff will have to show proof they have been fully vaccinated before returning to their workplaces.
The equalities watchdog has urged companies to be “proportionate” and “non-discriminatory”, while the UK government has stressed that firms proposing to check the vaccination status of staff “will need to consider how this fits with their legal obligations”.
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Advice from the Chartered Institute of Personnel and Development (CIPD) says “mandatory vaccination is an intrusion on an employee’s body and may discriminate on the basis of disability, or religious or philosophical belief.”
“Employers cannot forcibly vaccinate employees or potential employees, unless they work in a sector (such as care homes) where a legal requirement is introduced,” it states.
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“Enforced vaccination would be a criminal offence against the person and an unlawful injury leading to claims such as assault and battery.”
The CIPD – which represents human resources professionals and has more than 160,000 members – adds that the European Convention on Human Rights “protects people from being interfered with physically or psychologically (which includes mandatory vaccination)”.
Transport Secretary Grant Shapps has suggested it is “a good idea” for people to be double jabbed before returning to the office but said it will not be required by legislation.
He told Sky News: “We are not going to make that legislation that every adult has to be double vaccinated before they go back to the office, but yes it is a good idea and yes some companies will require it.”
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‘Good idea’ to get two jabs before returning to office – Shapps
A government spokesperson told Sky News on Saturday: “While we would welcome employers encouraging their staff to be vaccinated, employers who propose to check the vaccination status of staff will need to consider how this fits with their legal obligations under employment, equalities, data protection, and health and safety law.”
The Equality and Human Rights Commission (EHRC) has said it understands that firms will want to protect their staff and their customers by requiring employees to be vaccinated, but it advises them to take other factors into consideration.
An EHRC spokesman said: “Employers are right to want to protect their staff and their customers, particularly in contexts where people are at risk, such as care homes.
“However, requirements must be proportionate, non-discriminatory and make provision for those who cannot be vaccinated for medical reasons.”
Parliament approved legislation earlier this month to introduce compulsory COVID vaccinations for care home staff in England.
Image: Care home staff in England will have to be fully vaccinated to work. Pic: AP
From the autumn, anyone working in a Care Quality Commission-registered care home in England must have two doses of the vaccine unless they have a medical exemption.
But the impact of such a policy on jobs is not fully understood by the government.
Its own best estimate suggests around 40,000 care home staff risk being lost as a result of the compulsory vaccinations, adding that it could cost the industry £100m to replace.
But the government is yet to compile a full impact assessment of the policy, something which frustrated several Tory MPs earlier this month when they discussed the issue.
On Friday, health minister Helen Whately, in response to a written parliamentary question, maintained the assessment will be “published shortly”.
By the end of September, when all UK adults are expected to have been offered both doses of the COVID vaccine, the government plans to make full vaccination a condition of entry to a number of venues where large crowds gather.
However a number of Conservative MPs have told Sky News they do not think the government will follow through and actually introduce domestic vaccine passports.
Sir Graham Brady, chairman of the 1922 Committee of backbench Tories, said that vaccine passports for domestic use would be a “massive step and a misguided one”.
The private equity backer of Burger King UK has injected millions of pounds of new funding as part of a deal which paves the way for their partnership to be extended into the 2040s.
Sky News understands that Bridgepoint has invested a further £15m into the fast food giant in recent days, with a further sum – thought to be up to £20m – to be deployed over the next 18 months.
The new funding has been committed as Burger King UK’s Master Franchise Agreement with a subsidiary of Restaurant Brands International has been extended to 2044 in a deal which is said to align the interests of its various financial stakeholders more closely.
Burger King’s British operations comprise roughly 575 outlets, and employ approximately 12,000 people.
In results released this week, Burger King UK said it had delivered a “solid performance…amid sector headwinds” in 2024.
Revenue increased by 7% to £408.3m, with underlying earnings before interest, tax, depreciation and amortisation up 12% to £26m.
The company also said it had completed a refinancing process, with the maturity of its bank facilities pushed out to March 2028.
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Under the leadership of Alasdair Murdoch, its long-serving chief executive, Burger King plans to open roughly 30 new sites next year.
It comes at a challenging time for the UK hospitality sector, with casual dining chains TGI Fridays and Leon both filing to appoint administrators in the last few days.
Industry bosses say that last month’s Budget has piled fresh cost pressures on them.
Bridgepoint declined to comment on the injection of new capital into Burger King UK.
The fast food chain LEON has taken a swipe at “unsustainable taxes” while moving to secure its future through the appointment of an administrator, leaving hundreds of jobs at risk.
The loss-making company, bought back from Asda by its co-founder John Vincent in October, said it had begun a process that aimed to bring forward the closure of unprofitable sites. It was to form part of a turnaround plan to restore the brand to its roots around natural foods.
It was unclear at this stage how many of its 71 restaurants – 44 of them directly owned – and approximately 1,100 staff would be affected by the plans for the so-called Company Voluntary Arrangement (CVA).
“The restructuring will involve the closure of several of LEON’s restaurants and a number of job losses”, a statement said.
“The company has created a programme to support anyone made redundant.”
It added: “LEON and Quantuma intend to spend the next few weeks discussing the plans with its landlords and laying out options for the future of the Company.
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“LEON then plans to emerge from administration as a leaner business that can return to its founding values and principles more easily.
“In the meantime, all the group’s restaurants remain open, serving customers as usual. The LEON grocery business will not be affected in any way by the CVA.”
Mr Vincent said. “If you look at the performance of LEON’s peers, you will see that everyone is facing challenges – companies are reporting significant losses due to working patterns and increasingly unsustainable taxes.”
Mr Vincent sold the chain to Asda in 2021 for £100m but it struggled, like rivals, to make headway after the pandemic and cost of living crisis that followed the public health emergency.
The hospitality sector has taken aim at the chancellor’s business rates adjustments alongside heightened employer national insurance contributions and minimum wage levels, accusing the government of placing jobs and businesses in further peril.
Overall, water firms face a sector-wide revenue reduction of nearly £309m as a result of Ofwat’s determination. Thames Water’s £187.1m cut is the largest revenue reduction.
This will take effect from next year and up to 2030 as part of water companies’ regulator-approved five-year spending and investment plans.
The downward revenue revision has been made as Ofwat believes the companies will perform better than first thought and therefore require less money.
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Better financial performance is ultimately good news for customers.
The change published on Wednesday is a technical update; the initial revenue projections published in December 2024 were based on projected financial performance but after financial results were published in the summer and Ofwat was able to apply these figures.
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Is Thames Water a step closer to nationalisation?
Thames Water and industry body Water UK have been contacted for comment.