As a result, all organisations that operate registered care homes in England now need to urgently implement appropriate systems to comply with the new regulations. There are still a number of areas where guidance is awaited and we expect the guidance to be published on or around 30 July 2021. In the meantime, providers should:
1. Notify all staff of the regulations being passed and the requirement for anyone who has to attend a care home during the course of their duties to produce evidence of vaccination or a clinical exemption. We suggest setting a deadline for the evidence to be provided.
2. Develop a system for obtaining and storing evidence of vaccination or clinical exemption. Acceptable evidence of vaccination is likely to be the same as that used for foreign travel. Evidence from the NHS App, the NHS website or a letter/email from the NHS.
3. Make sure those gathering evidence or involved in recruitment understand the clinical exemptions. These are set out in the Green Book here and further guidance is awaited.
Our summary is that exemptions include:
4. Consult with those staff who do not produce the requisite evidence in the next few weeks, making clear that from the end of the grace period they will not be able to continue in their roles without the necessary evidence having been produced.
5. For those staff who cannot produce the evidence required, begin consultation about dismissal taking into account their relevant notice period. The discussions with staff should explore their reasons for objecting to the vaccine and whether they can be overcome. They should also explore alternatives to dismissal. Are there other roles where they would not be required to enter a care home? Bearing in mind the need to give contractual notice, which in some cases may be 12 weeks, some employees may need to be given notice by 18 August. Notice could be withdrawn if evidence of vaccination or exemption is subsequently produced.
6. Implement a system for obtaining and storing evidence of vaccination for visitors to the care home and preventing anyone who is not exempt from entering the care home. We suggest writing to all contractors you currently work with who attend the premises notifying them of the regulations and the evidence you will need and also explaining the exemptions. The exemptions are:
7. Update recruitment documentation so the vaccination requirement is clear from the outset so only staff who can comply apply and ensure any offers of employment are conditional on evidence being produced.
8. Ensure all employees will agree to have any booster vaccinations that may be required at a later date. Whilst the regulations do not currently require this, we expect this is something that will be required at a later date.
In light of the need for employers to act quickly to change their process, Anthony Collins Solicitors have produced a detailed toolkit with resources to enable care providers to quickly implement the steps necessary which is available now. For further detail contact Matthew Wort.
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