27 March 2021  /  Updated 17 July 2021
No-jab no job contr...
 
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No-jab no job contract legal advice (NHS)

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J4mes
Posts: 16
Topic starter
(@j4mes)
Joined: 1 year ago

miahoneybee: Thank you, this was very useful!

The person whom this concerns is in quite a predicament because they are due to start their new job soon on a probation period. When I've looked at the whole contract, it seems very basic and a 'catch all' for new NHS staff, regardless of what the job entails.

I've told this person to hold off signing the contract while I try to get as much advice as possible.

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miahoneybee
Posts: 1541
(@miahoneybee)
Joined: 1 year ago

Hi j4ames
Sadly this is going to be the state of affairs. People have had the jab and still lost their jobs so no guarantee of keeping it anyway even after the jab.
Many people had it as " they want to travel again" ..countryside announcing accepting unvaccinated travellers ( negative test to be proved I assume money in loved for the dodgy test) so theres another example.
I know of 2 people now ( not jabbed) having to reapply for their jobs.
The letter was not mine as I copied and pasted it but thought it might be useful.o will look for more.
As a new contract they are sneaking this in.the contract does not specify which infectious diseases they are talking about. It might be worth getting them to specify and spell out exactly which diseases the contract covers and which jabs are required under that contract.
Look up the rcn website and the NMC both nursing organisations. There was something re the nhs coercive measures being taken by the NHS and that whilst they strongly recommend the jab they do not support coercion.agsin with new contracts I am not sure. I dont think they can enforce it but they can make it difficult to get the job or stay in it.
I will keep looking and post whatever I can find.
Law or fiction another website.
Lawyers for liberty another.
Even if you delay for now while you do your research allowing time to look into the legalities..
😀

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miahoneybee
Posts: 1541
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Posts: 40
 Max
(@max)
Joined: 2 years ago

I think a distinction needs to be drawn between people in existing roles and those newly applying for jobs here.

If you are in an existing role and they add a requirement for you to have a jab then the addition could be subject to the test of reasonableness i.e. whether it was necessary for you to effectively (and safely) carry out your role or not. Here the difference between front line and back office staff might be crucial (although they could easily argue that interaction between the two might mean all had to be vaccinated - unless you could show your back office had no significant interaction with the front). If you could show the requirement to be unreasonable then there could be a case for unfair/constructive dismissal (it has to be said though, that never saves anyone's job, it just means you may get some money after being dismissed).

However the OP mentions a new appointment and as far as I can see they can attach any requirements they like to a new role (so long as they are not discriminatory) - they can say it's a requirement you turn up in a silver costume and purple wig every day and if you sign the contract, then you have to - the point is you don't have to take up the job offer if you don't like it. Now people may say 'thats not fair' but that's the way a 'free and flexible' labour market works.

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miahoneybee
Posts: 1541
(@miahoneybee)
Joined: 1 year ago

It is hence I am not sure on new contracts but I would still check out as much as you can and see where you stand so you can look at all your options...

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