It is an employer’s duty to protect the health, safety and welfare of their employees and other people who might be affected by their business. Employers must do whatever is reasonably practicable to achieve this.

However, it is unlikely that firms in the alternative asset management sector (our client base) within the U.K. could use health and safety grounds to justify taking disciplinary action against an employee for refusing a vaccine, although this may change in the future.

You could consider explaining within your firm that not taking the vaccine could lead to disciplinary action but you risk discrimination claims on grounds of disability, age, religion, belief, potential constructive dismissal claims and could give rise to human rights issues.

This will however be a Government-imposed requirement in other sectors such as care homes from 11 November 2021.

If you would like to discuss this further, please contact the Trivium London Consulting team.