Letter dismissing a care home employee after declining COVID Vaccination
Regulations revoking vaccination as a condition of deployment came into force on 15 March 2022. People working or volunteering in care homes are no longer required to have received a COVID-19 vaccine to enter the premises.
This Letter dismissing a care home employee after declining COVID Vaccination should be used to dismiss an unvaccinated care home employee (without a medical exemption), following a consultation meeting to discuss the options available to them.
With effect from 11 November 2021, the Health and Social Care Act 2008 (Regulated Activities) Regulations 2014 are amended to require care home employers in England to use only staff who have been vaccinated in care homes, unless they have a medical exemption.
This requirement applies to care homes in England that:
• are registered with the Care Quality Commission (CQC); and
• provide accommodation for residents who require nursing or personal care.
Dismissing an unvaccinated care home employee without a medical exemption is potentially fair because the employee cannot continue to work in their role without contravening a statutory duty or restriction. However, the employer must first consult the employee and follow a fair procedure.
This letter confirms the date on which the employee’s employment will end and the amounts the employee will receive in their final salary payment. The letter also gives the employee the right of appeal against the decision to dismiss.