# 3648
From Human Resources Magazine this morning we get a warning to employers (in the UK) that mandating vaccination of their employees could result in legal claims against them.
Mentioned, but not adequately explored in this article, is the idea that employees – once vaccinated – aren’t guaranteed to be immune to the virus.
Employers cannot assume that an employee who falls ill after being vaccinated doesn’t have the H1N1 virus – since flu vaccines are generally only 70%-90% effective.
In the UK, most employees who are out of work for a week or longer currently need a doctor’s certificate to return to work. There are discussions of extending that `grace period’ to 2-weeks, to take the burden off of GPs during a pandemic.
While this article is written with UK laws and regulations in mind, no doubt this legal minefield extends to other countries as well.
Forcing swine flu vaccinations on staff could be a legal minefield for employers
David Woods, 20 August 2009
Employers planning mass swine flu vaccinations for staff have been warned this could lead staff to make legal claims against them.
With mounting fears of a second wave of swine flu occurring this autumn, some employers have started making plans to vaccinate their workforce.
But, according to law firm Pinsent Masons, employers that try to force all staff to take any form of swine flu medication, by telling them they cannot return to work unless they accept it, could face claims from staff with pre-existing medical conditions who feel they cannot take it.
Richard Turner, an employment specialist at Pinsent Masons, believes employers taking a hard line on swine flu may not reap the benefits from it they are hoping for.
