Revoking vaccination as a condition of deployment across health and social care

Key points

• In addition to the answers to the consultation questions, the following key messages have been raised by our members as important points for the government to consider as part of the process:
• The way in which the decision to pause the VCOD processes was made and communicated to employers and their people generated a significant amount of ill-feeling. The poor communication and late U turn further damaged trust between team members, individuals and their employer and the system, following what was already an emotionally charged and divisive policy decision.
• We welcome the opportunity to comment on this short consultation and would strongly recommend that the way in which the outcome is communicated does not replicate the errors mentioned above. In particular, staff should learn the outcome directly rather than hearing about it through the national media.
• Employers are now seeking certainty and clarity on the future of this policy including ensuring that employers are not required to introduce mandatory vaccination as a condition of future employment. If the decision to revoke the regulation is informed by reviewing clinical evidence and making a risk-based decision that it is not required, we cannot see how making vaccination a condition of future recruitment aligns with this position. Only an outcome that clarifies that it won't be a future requirement will avoid further anxiety and dissatisfaction among our staff.
• Making vaccination a condition of future recruitment would also create inconsistency of application and would not support the Integrated Care System aims to enable organisations to passport staff between organisations when needs require.
• We understand that the consultation states that both Health and Social Care Act 2008 (Regulated Activities) Regulations 2014 (as inserted by the Health and Social Care Act 2008 (Regulated Activities) (Amendment) (Coronavirus) Regulations 2021 and the Health and Social Care Act 2008 (Regulated Activities) (Amendment) (Coronavirus) (No.2) Regulations 2022) depending on the outcome of the consultation would be revoked. However, there are some concerns among our employers that different decisions may be made. We would expect that any decision to revoke the legislation is made for both health and all social care settings, as to have different outcomes for health and social care would be detrimental to both staff and patients.
• We request that information including timescales and what will be included in the scope of the consultation is provided as soon as possible on the separate consultation on updating the Code of Practice for regulated providers to strengthen requirements in relation to COVID-19. We specifically request that it is clarified that it will not seek for there to be a condition of future employment for new starters to be vaccinated. Not clarifying this would lead to further anxiety amongst staff. We also request a longer timescale for consultation to enable representing organisations like the NHS Confederation to engage fully with their stakeholders and get an informed position.
• The consultation document states that since the launch of the September 2021 consultation, there has been a net increase of 134,000 people in NHS Trusts who have received their first dose. Employers have supported and encouraged employees to have the vaccination and will continue to do so. This is in line with the response from regulators to encourage professionals to be vaccinated.