Non-vaccinated care worker keeps job after regulation change

A WORKER who has not had a Covid-19 vaccine has kept their job, even though rules now state people in the care sector must be fully jabbed.

On November 11, regulations which stated anyone working or volunteering in a care home must have had two doses against coronavirus (Covid-19), unless exempt, came into effect
But a Tameside Council report has revealed one member of staff has not been immunised.

However, they are still in work.

Instead, they have now been moved to duties that mean they will not attend a care home – and the authority says it will support anyone else not meeting the new criteria.


However, it is urging workers to get booster jabs when they become eligible for one and in future anyone wanting a job in the sector must provide proof they have been vaccinated.

The report, presented to Tameside Council’s executive cabinet on Wednesday, November 24, details the issue of a staff member at Tameside and Glossop Clinical Commissioning Group (CCG).

It says: “One employee who as part of their role would be required to attend a care home setting is not currently vaccinated.

“The employee is part of the Individualised Commissioning Team within the CCG.

“The service has consulted with the employee accordingly and it has been agreed and documented that this will be accommodated as a reasonable adjustment and the employee will no longer be required to attend a care home setting as part of their role.”

However, on the larger issue of people not being vaccinated, it adds: “It is understood that the uptake of the Covid-19 vaccine is a personal choice, and we will support our workforce where possible in the decisions individuals make.

“However, from November 11, the Health and Social Care Act 2008 (Regulated Activities) (Amendment) (Coronavirus) Regulations 2021 mandates vaccination for all care home workers including professional visitors.

“This means all workers within this capacity are required to provide evidence of vaccination in order to continue in their role.

“If an individual refuses to be vaccinated this legally exempts them from performing the duties of their role. In such cases, consideration will be made in relation to the adjustment of the worker’s duties.

“Where adjustments would fundamentally change the functionality of the role and/or inhibit service delivery, and therefore make the adjustments not feasible, the worker would be supported through redeployment to a suitable role that does not require mandatory vaccination.

“Pay protection will be applied (where applicable) in line with the council’s existing pay protection criteria.”

Tameside Council will, however, make it abundantly clear that anyone looking to take a job in the care sector – including social workers, nurses and occupational therapists – must have had at least two doses of the vaccine.

The report added: “When recruiting new starters into roles where mandatory vaccination is required, potential candidates will be notified of the requirement at the first stage of recruitment.

“The requirement will be clearly displayed on the job advertisement, job description and person specification.

“Evidence of vaccination will also be required as part of the pre-employment check process, without this, no offer of employment will be given, unless proof of medical exemption is provided.”

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