Regulations were introduced in England on 6 January 2022 which make it mandatory for employees, workers and volunteers who are providing healthcare support to be vaccinated against Covid 19. This guidance note summarises the new rules specifically relating to employers of personal assistants (PAs).

Individual employers

Individual employers in England who employ their own PAs and aren't registered by the Care Quality Commission are not required by the new regulations to have their employees vaccinated.

What if I want my current PAs to be vaccinated?

Whilst the regulations don’t put individual (non-regulated) employers under a legal obligation to have PAs vaccinated, some employers will still have reason to believe that it's a necessary step in order to protect other workers, other householders and the person being cared for.

ILG Support recommends that the employer carries out a careful assessment of the need to mandate a vaccination programme. This assessment will take into account all the circumstances of the work for that particular employer, including but not limited to the following:

• The degree to which the work is close contact
• The location of the work and how well ventilated it is
• Personal hygiene protocols in place
• PPE (personal protective equipment) availability and use in the workplace – such as use and disposal of gloves, aprons, face masks
• If vaccinations have been undertaken by other householders and employees
• The level of vulnerability of householders, visitors and employees – for example are they pregnant? Do they have a health condition which prevents them from being vaccinated? Do they object to the vaccine on grounds of a religious belief?

ILG Support believes that the assessment of whether it's reasonable to insist on vaccinations is determined by the degree of risk that's posed to all parties who would be working in the household. The harder it is to provide protection for those at risk, the more likely the instruction to be vaccinated will be seen as a reasonable work instruction.

Whilst protection against transmission of infection may be considered paramount, employers are advised to be mindful of the reasons given for not being vaccinated. The Equality Act 2010 offers protection from less favourable treatment for employees with protected characteristics which include race, maternity, religion and philosophical beliefs, age, sex, sexual orientation, disability, marital status and gender re-assignment.

An employment tribunal has confirmed that anti-vaccination beliefs are not philosophical beliefs warranting protection under the Equality Act 2010. However, it's still possible for someone to argue that they don't want to be vaccinated because they were pregnant, had a health condition that prevented them from doing so or their religious beliefs stop them from having the medical treatment.

If you decide that it's a reasonable instruction to ask all current PAs to be vaccinated, they will face your disciplinary process, and potential dismissal, if they fail to do that. Given the serious consequences on the PA’s livelihood and the risk of possible discrimination claims where their reasons are connected to a protected characteristic, you're advised to call ILG Support through a Mark Bates Ltd insurance employers liability insurance before issuing instructions so that we can help you to determine the best course of action.

I'm recruiting new PAs and want to ask that they are vaccinated - can I do this?

The following wording can be included in a job advert to help show the justification for asking for vaccinated applicants only, whilst also leaving scope for you to consider any applicants whose reasons for not having been vaccinated are because of a protected characteristic (such as pregnancy, religious belief or a disability):

“The role requires close personal contact with an individual who is extremely vulnerable to the risk of infection and disease transmission. Preference may be given to applicants who have been fully vaccinated against Covid-19. Careful consideration will be given to applicants who can show the vaccination isn't suitable for them on reasonable grounds.”