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17 December 2021 / Sarah Rushton , Sophie Georgiou
Issue: 7961 / Categories: Features , Employment , Covid-19
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No jab, no job?

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Sarah Rushton & Sophie Georgiou address the thorny issue of vaccine mandates in the workplace
  • Without a legal requirement for mandatory vaccinations, it will be difficult and legally risky for employers to implement a compulsory vaccination policy, as they will need to be aware of the potential for discrimination claims if they do so.

COVID-19 has presented numerous challenges for employers, and few have proved more divisive than the issue of vaccination.

While the UK offers a comprehensive vaccination programme to the general public, participation has never been made compulsory.

Care sector

Since 11 November 2021, all staff working in a Care Quality Commission-registered care home must be fully vaccinated against COVID-19, unless they have a medical exemption. This has been hugely controversial as the care home sector is already facing staff shortages, and the requirement could cause up to 40,000 staff to leave.

It is also likely that the vaccination policy’s full impact has yet to be felt, as individuals can currently self-certify that they have

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MOVERS & SHAKERS

Cripps—Radius Law

Cripps—Radius Law

Commercial and technology practice boosted by team hire

Switalskis—Grimsby

Switalskis—Grimsby

Firm expands with new Grimsby office to serve North East Lincolnshire

Slater Heelis—Will Newman & Lucy Spilsbury

Slater Heelis—Will Newman & Lucy Spilsbury

Property team boosted by two solicitor appointments

NEWS
A High Court ruling involving the Longleat estate has exposed the fault line between modern family building and historic trust drafting. Writing in NLJ this week, Charlotte Coyle, director and family law expert at Freeths, examines Cator v Thynn [2026] EWHC 209 (Ch), where trustees sought approval to modernise trusts that retain pre-1970 definitions of ‘child’, ‘grandchild’ and ‘issue’
Fresh proposals to criminalise ‘nudification’ apps, prioritise cyberflashing and non-consensual intimate images, and even ban under-16s from social media have reignited debate over whether the Online Safety Act 2023 (OSA 2023) is fit for purpose. Writing in NLJ this week, Alexander Brown, head of technology, media and telecommunications, and Alexandra Webster, managing associate, Simmons & Simmons, caution against reactive law-making that could undermine the Act’s ‘risk-based and outcomes-focused’ design
Recent allegations surrounding Peter Mandelson and Andrew Mountbatten-Windsor have reignited scrutiny of the ancient common law offence of misconduct in public office. Writing in NLJ this week, Simon Parsons, teaching fellow at Bath Spa University, asks whether their conduct could clear a notoriously high legal hurdle
A landmark ruling has reshaped child clinical negligence claims. Writing in NLJ this week, Jodi Newton, head of birth and paediatric negligence at Osbornes Law, explains how the Supreme Court in CCC v Sheffield Teaching Hospitals NHS Foundation Trust [2026] UKSC 5 has overturned Croke v Wiseman, ending the long-standing bar on children recovering ‘lost years’ earnings
A Court of Appeal ruling has drawn a firm line under party autonomy in arbitration. Writing in NLJ this week, Masood Ahmed, associate professor at the University of Leicester, analyses Gluck v Endzweig [2026] EWCA Civ 145, where a clause allowing arbitrators to amend an award ‘at any time’ was held incompatible with the Arbitration Act 1996
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