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”.
In the upstairs bar of a slick new brewery, the cheese-lovers of Halifax are paying “homage to fromage”.
It is one of the first events in the historic West Yorkshire town for the monthly cheese club and there is a decent turn-out.
Image: Sky News visited Halifax’s clubs, bars and restaurants to get an insight into people’s priorities
Image: The night-time economy in Halifax is a useful measure of how the landscapes of our town and cities have changed
Discussion of Wednesday’s budget is not as popular as an accompaniment to the cheese as the selection of wines. But no one holds back on what is required of the chancellor.
Natalie Rogers, who runs her own small business with her partner, said there needs to be focus.
Image: Small business owner Natalie Rogers wants to see more investment in local industries
“I think investing in small businesses, investing in these northern towns, where at one time we were making all the money for the country, can we not get back to that? We’re not investing in local industries.”
At the next table, with a group of friends, Ali Fletcher said there needs to be bigger targets.
“I think wealth inequality is a major problem. The divide is getting wider. For me, a wealth tax is absolutely critical. We need to address this question of ‘Is there any money left?’. There’s plenty of money, it’s all about choices that government make.”
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Image: At this monthly cheese club, people told us about their priorities ahead of the budget
The evening’s cheese tasting was being marshalled by Lisa Kempster. “The impression I get from talking to people is there’s a lot of uncertainty, but when you ask them what they’re uncertain about, they’re not really sure, there’s just a general feeling of uncertainty and being cautious.”
Image: Ali Fletcher reckons wealth inequality is a major problem
This corner of Halifax, close to the town’s historic Piece Hall, is buzzing with clubs, bars and restaurants, trying hard to defy the crunch in the night-time economy. It is a useful measure of how the landscapes of our town and cities has changed.
“Whenever there’s a budget, for a few days afterwards, there’s a drop off in trade,” said Michael Ainsworth, owner of the Graystone Unity, a bar and music venue in the town.
“I accept the government needs to raise money but, in this day and age, there’s better ways to go about doing that, like closing tax loopholes for the huge businesses to operate up with banking arrangements outside the UK.”
Image: Michael Ainsworth owns a bar and music venue and thinks the chancellor needs to close tax loopholes
In the bar, a folk singer is going through a quirky and caustic set. In the basement, a punk band called Edward Molby is considerably louder.
On a sofa in the main bar, recent graduates Josh Kinsella and Ruby Firth, newly arrived in Halifax because of its more affordable housing, pinpoint what they want on Wednesday.
“Can we stop triple-locking the pensions, please? Stop giving pensioners everything. For God’s sake, I know they have hard times in the 70s and the 80s, but it just feels like we’re now paying for everyone else.”
Image: Josh Kinsella and Ruby Firth feel there’s too much focus on pensioners
Ben Randm is a familiar face at the bar and well known on the music scene with his band, Silver Tongued Rascals.
“Everyday people are seen as statistics, we’re always the afterthought. When the cuts are done, we’re always impeded and the ramifications that has for people’s livelihoods, for people’s mental health, for people’s passion and drive… it’s such a struggle.”
He, like many in the night-time economy sector, wants extra help for hospitality and venues that, he says, provide a vital community link.
Image: Ben Randm who has his own band reckons everyday people are ‘always the afterthought’
David Van Gestel chose Halifax to open the third branch of MAMIL, a bar in jokey honour of those cycling “middle-aged men in Lycra”. On a busy quiz night, he said venues had to provide something different to get people out of their homes.
“I think the government needs to start putting some initiatives in place. They talk about growth but the reality is that the only thing we’re seeing grow is our costs.”
Like most social media companies, TikTok has used AI to help moderate its platform for years – it is useful for sifting out content that obviously violates policies, and TikTok says it now removes around 85% of violative content without getting a human involved.
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Image: File pic: Reuters
Now, it is increasing its use of AI and will be relying less on human moderators. So what’s changed that means TikTok is confident AI can keep young users safe?
“One of the things that has changed is really the sophistication of those models,” said Mr Law, who is TikTok’s director of public policy and government affairs for northern Europe. He explained that AI is now better able to understand context.
“A great example is being able to identify a weapon.”
Whereas previous models may have been able to identify a knife, newer models can tell the difference between a knife being used in a cooking video and a knife in a graphic, violent encounter, according to Mr Law.
“We set a high benchmark when it comes to rolling out new moderation technology.
“In particular, we make sure that we satisfy ourselves that the output of existing moderation processes is either matched or exceeded by anything that we’re doing on a new basis.
“We also make sure the changes are introduced on a gradual basis with human oversight so that if there isn’t a level of delivery in line with what we expect, we can address that.”
Human moderator jobs being cut
That increasing use of AI means TikTok will rely less on its network of tens of thousands of human moderators around the world.
Image: TikTok moderators and union workers protested outside the company’s London headquarters over job cuts
In London alone, the company is proposing to cut more than 400 moderator jobs, although there are reports a number of those jobs will be rehired in other countries.
On 30 October, Paul Nowak, general secretary of the TUC union, said “time and time again” TikTok had “failed to provide a good enough answer” about how the cuts would impact the safety of UK users.
Image: Ali Law speaks to Sky News from TikTok’s European headquarters in Dublin
When Sky News asked if Mr Law could ensure UK users’ safety after the cuts, he said the company’s focus is “always on outcomes”.
“Our focus is on making sure the platform is as safe as possible.
“We will make deployments of the most advanced technology in order to achieve that, working with the many thousands of trust and safety professionals that we will have at TikTok around the world on an ongoing basis.”
Image: Dame Chi Onwurah speaks at the House of Commons. File pic: Reuters
The UK’s science, technology and innovation committee, led by Labour MP Chi Onwurah, has issued a probe into the cuts, with Ms Onwurah calling them “deeply concerning”.
She said AI “just isn’t reliable or safe enough to take on work like this” and there was a “real risk” to UK users.
However, Mr Law said that, as a parent himself, he is “also highly concerned and highly interested in issues of online safety”.
“That’s why I’m so confident in the changes that we are making at TikTok in terms of content moderation as a whole,” he said.
“The power really comes in the combination of the best technology and human experts working together, and that still is the case at TikTok and it will be going forwards as well.”
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3:30
UK’s online safety rules: One month on
New wellness tools
The interview came at the end of an online safety event at TikTok’s Dublin office, its European headquarters.
During the conference, the company announced a number of new features designed to increase user safety, including a new in-app Time and Wellbeing hub for TikTok users.
The hub is designed with the Digital Wellness Lab at Boston Children’s Hospital and gamifies mindfulness techniques like affirmations, not using TikTok during the night and lowering your screentime.
Image: Ali Law, TikTok’s director of public policy and government affairs for northern Europe
Cori Stott, executive director of the digital wellness lab, said many people use their phones to “set their wellbeing, to reset their emotions, to find these safe spaces, and also to find entertainment”.
The hub was built as part of the TikTok app because young people want wellness tools “where they already are”, without needing to go to a different app, she said.
Still, there are plenty of reports suggesting that phone use and social media has a damaging effect on young people’s mental health… is TikTok trying to solve a problem of its own creation?
“If you are a teen on the app, you will load up and find that you have, if you’re under 16, a private profile, no access to direct messaging, a screen time limit set at an hour, [and at] 10pm sleep hour suggestion,” said Mr Law.
“So the experience is one that does try and promote a balanced approach to using the app and make sure that people have the options to set their own guardrails around this,” he said.
“I think the other thing I’d say is that the content on TikTok is, in the main, inspiring, surprising, creative.”
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