The Government has confirmed its intention to remove vaccination as a condition of deployment for health and social care staff, as well as for staff in care homes in England.

The change in policy reflects the fact that Omicron is now the dominant Covid variant, with the mandatory vaccination policy having been drawn up when the more severe Delta variant was dominant.

There is to be a period of consultation on the proposal, before the legislation is likely to be revoked.

Since November 11, 2021, workers in CQC-regulated care homes have needed to be vaccinated against Covid-19 unless exempt. The mandatory requirement was extended to the health and social care sector.

Whilst the regulations on mandatory vaccinations remain intact for now, the Government’s announcement will have a practical impact for employers in both sectors. Sajid Javid has confirmed unvaccinated care home staff already dismissed as part of the mandatory vaccination policy may “choose” to return to their former workplaces. No guidance has so far been issued on how care homes should respond to former staff getting back in touch about their jobs, but Sajid Javid has also said continuity of employment would not be preserved in these circumstances, meaning former staff may have limited recourse if a care home chooses not to re-employ them.

In respect of health and social care, NHS England has issued a letter stating it is likely that providers of CQC-regulated activities would have already begun to prepare for formal meetings with relevant staff should they remain unvaccinated. The letter states that due to the change in policy NHS England are requesting employers do not serve notice of termination to affected employees.