Hogan Lovells launches global vaccination and testing guide for employers
London, 11 August 2021 – As COVID-19 restrictions ease around the world, global law firm Hogan Lovells has launched a quick reference guide on the key vaccine related questions and issues for employers. The guide considers topical issues such as mandatory vaccination in the workplace, requiring employees to provide data about vaccination status and related considerations from an employment law and GDPR perspective.
Partner Stefan Martin commented: “We have seen a marked difference in the approach of employers to the issue of mandatory vaccination as a condition of attending the workplace. The approach of employers in the UK is shaping up differently to that in the U.S., and there are also marked differences in approach in Europe. Mandating the vaccine raises very different levels of risk from both an employment and a GDPR perspective depending on which jurisdiction a business is operating in.
“Employers need a sound reason to process sensitive health data and the requirements vary depending on where they are based and the environment in which they operate. The legal requirements in Europe are very different to those in the U.S. Similarly, a big open factory may well pose different risks compared to an open-plan call centre.
“Connected to that, employers who effectively exclude people based on vaccination status, could be at risk of discrimination claims from employees in protected groups based on race, age, religion, disability, pregnancy. Although vaccinations, hybrid work arrangements, and other strategies continue to evolve, employers should consider the risks carefully in order to avoid costly lawsuits down the line.”
The full guide is available here.
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