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C ertificate
O f
V accination
I dentity
D ocument
Forwarded from Janet1406
My employer is pushing vaccination. I am a member of UNISON so I had look on their website to see what help  I could get there and this is their stance:-

Unison

https://www.unison.org.uk/coronavirus-rights-work/#heading-1

Our statement on the Vaccination Programme

We fully support a speedy, safe and effective roll-out of the Government’s vaccination programme.

The programme should continue to be under the management and direction of the NHS, and we acknowledge a clear role for other partners such as pharmacies and local authorities in delivering the vaccine locally.

We believe the programme is the light at the end of the tunnel and we are happy to work with others to play our part.

Also CIPD website:-



Encouraging vaccination

The Health and Safety at Work Act 1974 obliges employers to take reasonable steps to reduce any workplace risks; this duty gives employers justification for encouraging their employees to be vaccinated to protect themselves and everyone else at the workplace. COVID-19 is also a reportable disease under the Reporting of Injuries, Diseases and Dangerous Occurrences Regulations (known as RIDDOR) which strengthens employers’ encouragement that employees should agree to vaccination.

Most people will welcome the opportunity to be vaccinated against COVID-19, but there will be a minority who will be reluctant or refuse to have the vaccine. The reasons could be many and varied, including individuals who can’t have the vaccine (for example, on medical grounds), those who can have the vaccine but refuse (for example, on religious or spiritual grounds) and those who can have it but have concerns and are uncertain (for example, due to a fear of vaccinations generally). While it is primarily the role of the government and health service to combat vaccine hesitancy, employers play a vital role in helping promote a persuasive case for COVID-19 vaccinations as they are gatekeepers for the health and safety of employees.

The wisest approach for employers to begin planning for the wider rollout of the vaccine is to encourage staff to be vaccinated and publicise the benefits to improve take up of the vaccine when offered through the NHS. Engagement by organisations through good communication will help employees make informed decisions regarding their vaccination. Explaining and encouraging employees with impartial, factual information will keep them informed about the workplace impact and risks of COVID-19.

It is advisable to retain copies of any communications employers have produced to encourage vaccination, in case any pro-vaccine employees complain that the employer has taken inadequate steps to comply with their health and safety duties.

Ways to communicate encouragement

• Run an awareness campaign, drawing on NHS information. There is an NHS COVID Behaviour Change Unit helping present a more powerful and persuasive case for vaccination.

• Offer employees consistent, accessible and factual safety data which promotes the genuine achievement of science in producing an effective vaccine.

• Ensure line managers are aware of policy and organisational approach.

• Consider counteracting misinformation and conspiracy theory spread through social media. The education programme may promote the merits of vaccines in general, and the COVID vaccines specifically.

If an employee voices concerns about being vaccinated, then individual discussions with a trusted staff member may help to allay fears and obtain their consent but employees should not be unduly pressurised into agreeing. Employers are far more likely to achieve a fully vaccinated workforce if they use open and honest two-way communication and listen to any concerns that individuals may have.

https://www.cipd.co.uk/knowledge/fundamentals/emp-law/health-safety/preparing-for-covid-19-vaccination

I wondered if you knew of any employment lawyers who have done any standard letters for us to use as a response to any no jab no job policies that may come down the line.
Forwarded from Lara Graham
Letter for employee who DOES NOT work in health care
Dear [Managers name],
You have asked me to have a Covid vaccine and indicated that this is now a requirement of my employment with you. I am writing to set out the legal position with regards to the same, and to inform you that I will not be having a Covid vaccine.
Whilst I appreciate that some employers may be in favour of their employees being vaccinated, not all employees are keen to have a medical intervention as a condition of their employment for various good reasons, which I set out below in more detail, under the heading “considerations”.
In advance of this I would like to draw your attention to ACAS guidance which suggests that whilst employers may support staff in getting the vaccine, they cannot force them to be vaccinated.
Also, please be aware that I am protected, under current employment law, from being dismissed due to my decision not to have a Covid vaccine. Hence, I could claim constructive or unfair dismissal, as any decision to end my employment could be found unreasonable as it could be seen as:
• a way of forcing me to have the vaccine, only falling short of forcing a needle into my arm, which an employment tribunal would, I think, struggle to justify,
• potentially in breach of Article 8 of the Human Rights Act and
• overreaching my genuine and reasonable fears about receiving the vaccine
• Discrimination in beach of The Equality Act 2010 as my reasons for refusal of the Covid vaccine relate to my (delete as appropriate) [disability] [religious] philosophical beliefs], [other specific reasons why the vaccine is not suitable for you] and this may give rise to a claim that I am therefore being treated less favourably than your other employees because of my refusal
Considerations
In view your request of me to have the Covid vaccine appears to be an attempt to impose it as being mandatory upon me, I ask you to consider the following: -
• There are no statutory provisions that can force individuals to become vaccinated. The Public Health (Control of Disease) Act 1984 specifically states that members of the public should not be compelled to undergo any mandatory medical treatment, including vaccinations
• There may be some people who are advised not to have the vaccine, for example for health reasons. I feel I fall into this category given my health conditions of [state health conditions here or remove this bullet point if it does not apply]
• Someone may still get or spread coronavirus if they have had a Covid vaccine, so I present no greater risk for not having it than someone who has had it
• Mandatory vaccinations could be indirectly discriminatory against certain protected characteristics
• Vaccines are not currently available for everyone and all individuals must wait their turn in order of priority to be offered vaccination. Only allowing vaccinated individuals to be in the workplace could amount to indirect age discrimination
• There are data protection implications on you if you require me to provide information on my vaccination status and verification of its accuracy
• Freely given consent is required for any medical intervention. If you attempt to force me to be vaccinated, not only could it give rise to human rights concerns, but there could also be criminal implications. Forcing anyone to receive a vaccine injection under duress, under UK law, could constitute an unlawful injury. A vaccination requires an individual’s informed and voluntary consent
• On checking the UK yellow card system, I have noted large numbers of adverse reactions to all available Covid vaccines and as such I believe that taking the vaccine would be a serious threat to my health. I am happy to provide details of the adverse reactions on request, which number over 170,000
• All Covid vaccines are still in clinical trials which do not end until 2023, and as such they are experimental. I do not consent to taking part in an experimental trial, and neither am I required to
Forwarded from Lara Graham
• My contract of employment with you does not state that it is a requirement that I be vaccinated with a Covid 19 vaccine to be employed. You cannot change my contract without my agreement and therefore to try and force a change by threatening me with job loss if I do not take a Covid vaccine would be in breach of my contract. This means I am entitled to resign and claim constructive or unfair dismissal
I would like to resolve this matter amicably and I am sure that we will be able to. Therefore, if you wish to discuss my position further, I am happy to attend a meeting, befriended, at a mutually convenient time.
If we cannot resolve this matter amicably, I do need to put you on notice that I will unfortunately have to make the matter formal by raising a grievance. I do not wish to do this, and I therefore hope we can come to a satisfactory conclusion for both of us.
In ending I would like to make clear that I would of course not come into work if I felt ill or showed any symptoms of having coronavirus, and would be happy to isolate at home if required.
Yours sincerely,
Forwarded from Lara Graham
Letter for employee who DOES work in health care
Dear [Managers name],
You have asked me to have a Covid vaccine and indicated that this is now a requirement of my employment with you. I am writing to set out the legal position with regards to the same, and to inform you that I will not be having a Covid vaccine.
Whilst I appreciate that some employers may be in favour of their employees being vaccinated, not all employees are keen to have a medical intervention as a condition of their employment for various good reasons, which I set out below in more detail, under the heading “considerations”.
In advance of this I would like to draw your attention to ACAS guidance which suggests that whilst employers may support staff in getting the vaccine, they cannot force them to be vaccinated.
Also, please be aware that I am protected, under current employment law, from being dismissed due to my decision not to have a Covid vaccine. Hence, I could claim constructive or unfair dismissal, as any decision to end my employment could be found unreasonable as it could be seen as:
• a way of forcing me to have the vaccine, only falling short of forcing a needle into my arm, which an employment tribunal would, I think, struggle to justify,
• potentially in breach of Article 8 of the Human Rights Act and
• overreaching my genuine and reasonable fears about receiving the vaccine
• Discrimination in beach of The Equality Act 2010 as my reasons for refusal of the Covid vaccine relate to my (delete as appropriate) [disability] [religious] philosophical beliefs], [other specific reasons why the vaccine is not suitable for you] and this may give rise to a claim that I am therefore being treated less favourably than your other employees because of my refusal
In addition to the above, the RCN has recently put out a statement in which it confirms that whilst it recognises that vaccination is a key pillar in infection control and disease prevention, they do not support staff being made or coerced into having the Covid vaccine. They go on to state that staff vaccination should not be used as part of staff contracts and should not be a condition of employment or part of employment contracts, linked to terms and conditions of employment or to pay.
The RCN have also explicitly stated that they do not believe that a mandatory approach is effective in improving uptake of vaccination in staff. Further they state that linking the Covid vaccine with employment as being similar to the occupational health policy already in existence for other vaccines, such as Hepatitis B is not appropriate. The policy for hepatitis b vaccine in occupational health for health and social care workers sits within the wider guidance to minimise the risk for staff in exposure prone procedures and blood born virus. The guidance discusses what happens where staff who are unable to mount an adequate antibody response to vaccination are then protected from blood born virus and potentially not put in a situation where they carry out exposure prone procedures. The guidance is clear that staff who decline hepatitis B vaccination should not be denied employment.
Considerations
In view your request of me to have the Covid vaccine appears to be an attempt to impose it as being mandatory upon me, I ask you to consider the following: -
• There are no statutory provisions that can force individuals to become vaccinated. The Public Health (Control of Disease) Act 1984 specifically states that members of the public should not be compelled to undergo any mandatory medical treatment, including vaccinations
• There may be some people who are advised not to have the vaccine, for example for health reasons. I feel I fall into this category given my health conditions of [state health conditions here or remove this bullet point if it does not apply]
• Someone may still get or spread coronavirus if they have had a Covid vaccine, so I present no greater risk for not having it than someone who has had it
Forwarded from Lara Graham
• Mandatory vaccinations could be indirectly discriminatory against certain protected characteristics
• Vaccines are not currently available for everyone and all individuals must wait their turn in order of priority to be offered vaccination. Only allowing vaccinated individuals to be in the workplace could amount to indirect age discrimination
• There are data protection implications on you if you require me to provide information on my vaccination status and verification of its accuracy
• Freely given consent is required for any medical intervention. If you attempt to force me to be vaccinated, not only could it give rise to human rights concerns, but there could also be criminal implications. Forcing anyone to receive a vaccine injection under duress, under UK law, could constitute an unlawful injury. A vaccination requires an individual’s informed and voluntary consent
• On checking the UK yellow card system, I have noted large numbers of adverse reactions to all available Covid vaccines and as such I believe that taking the vaccine would be a serious threat to my health. I am happy to provide details of the adverse reactions on request, which number over 170,000
• All Covid vaccines are still in clinical trials which do not end until 2023, and as such they are experimental. I do not consent to taking part in an experimental trial, and neither am I required to
• My contract of employment with you does not state that it is a requirement that I be vaccinated with a Covid 19 vaccine to be employed. You cannot change my contract without my agreement and therefore to try and force a change by threatening me with job loss if I do not take a Covid vaccine would be in breach of my contract. This means I am entitled to resign and claim constructive or unfair dismissal
I would like to resolve this matter amicably and I am sure that we will be able to. Therefore, if you wish to discuss my position further, I am happy to attend a meeting, befriended, at a mutually convenient time.
If we cannot resolve this matter amicably, I do need to put you on notice that I will unfortunately have to make the matter formal by raising a grievance. I do not wish to do this, and I therefore hope we can come to a satisfactory conclusion for both of us.
In ending I would like to make clear that I would of course not come into work if I felt ill or showed any symptoms of having coronavirus and would be happy to isolate at home if required.
Yours sincerely,
Health professionals, public services & armed forces who are planning to attend the London protest on the 24th April; there will be a group marching together in uniforms. Join them.
It's not "just a mask" as that would make it a fashion accessory. It is an (allegedly) preventive medical intervention & it is a breach of your human rights for anybody to discriminate on you for choosing to not wear one. It's very clear:

UNESCO Universal Declaration on Bioethics and Human Rights
Article 6 – Consent 
1. Any preventive, diagnostic and therapeutic medical intervention is only to be carried out with the prior, free and informed consent of the person concerned. "The consent should, where appropriate, be express and may be withdrawn by the person concerned at any time and for any reason without disadvantage or prejudice."

UNESCO DECLARATION ON BIOETHICS & HUMAN RIGHTS Art.6

http://portal.unesco.org/en/ev.php-URL_ID=31058&URL_DO=DO_TOPIC&URL_SECTION=201.html
It's not "just a mask" as that would make it a fashion accessory. It is an (allegedly) preventive medical intervention & it is a breach of your human rights for anybody to discriminate on you for choosing to not wear one. It's very clear:

UNESCO Universal Declaration on Bioethics and Human Rights
Article 6 – Consent 
1. Any preventive, diagnostic and therapeutic medical intervention is only to be carried out with the prior, free and informed consent of the person concerned. The consent should, where appropriate, be express and may be withdrawn by the person concerned at any time and for any reason without disadvantage or prejudice."

UNESCO DECLARATION ON BIOETHICS & HUMAN RIGHTS Art.6

http://portal.unesco.org/en/ev.php-URL_ID=31058&URL_DO=DO_TOPIC&URL_SECTION=201.html
UK LAW: The Equality Act 2010 protects individuals from discrimination relating to protected characteristics, which include belief.

(2) Belief means any religious or philosophical belief and a reference to belief includes a reference to a lack of belief.

An anti-mask or anti-vaccination philosophical stance is a belief, it is therefore protected from discrimination by law.

https://www.legislation.gov.uk/ukpga/2010/15/contents
Public Health (Control of Disease) Act 1984

45EMedical treatment

(1)Regulations under section 45B or 45C may not include provision requiring a person to undergo medical treatment.
(2)“ Medical treatment ” includes vaccination and other prophylactic treatment.

https://www.legislation.gov.uk/ukpga/1984/22
Forwarded from F W
Them: You won't be able to attend a concert or football games

Me: I don't mind

Them: You can't go to a large shopping mall

Me: I'll survive

Them: You can't drink at the pub

Me: I no longer drink

Them: You can't enter night clubs

Me: I don't go out at night

Them: We'll tell your employer

Me: I don't have one

Them: We'll take it from your salary

Me: I don't have a salary

Them: You can't go to your job

Me: I don't have or want your job

Them: You can't be in the city

Me: I prefer living out in nature

Them: You can't go to McDonald's or Burger King

Me: I haven't in years anyway

Them: You can't eat at restaurants

Me: I'll order takeaway

Them: You can't shop at large grocery stores

Me: I grow my own food and buy from local farmers

Them: You can't be part of society

Me: I already checked out

Them: Your kids can't come to school

Me: I'll homeschool

Them: You'll be on your own

Me: I'm surrounded by my family and tribe and all the people reaching the same conclusion all over the world

Them: You can't choose for yourself

Me: I just did

Them: What can we tempt you with?

Me: Nothing

***

When they have nothing you want they have no power.

And that's when power comes to the people.