COVID-19 Vaccine Guidance

Vaccination is now a key tool in many jurisdictions as part of government strategies to gain control over the spread of the virus and to allow a return to ‘normal’. That said, vaccination remains a contentious topic, and the question of mandatory v. voluntary vaccination remains a live matter of debate. Added to this is the desire of many governments to use vaccination status as a measure or condition of opening up society to function as normal once again, which is a similarly sensitive matter.

Covid passes, which can be presented as evidence of vaccination, immunity and/or negative COVID-19 status, for instance, have been rolled out and required in many jurisdictions. These passes are being used in different ways, but often in relation to higher risk activities such as travel, attendance for large events and within the hospitality sector.

The issues of mandatory work-related vaccination and requiring staff to disclose their vaccine status in the workplace (whether via vaccine certificates, ‘passports’ or some other means) has attracted a great deal of controversy and debate. There are pressing employment and data protection issues to be considered, including the request for and treatment of information regarding employee vaccine status, requiring vaccination for access to workplaces, mandating vaccination as a condition of employment and more.

To address these burning questions, we have created an updated and revised COVID-19 chart which has been developed to help employers prioritise and understand these questions through a traffic light system, as well as detailed responses to some pressing questions, including:

  • Can we ask employees if they have been vaccinated?

  • Can we require employees to be vaccinated, as a condition of continuing employment? What can or should we do if employees refuse?

  • Can we require employees to be vaccinated, as a condition of physical attendance at the workplace?

  • Can we retain the vaccination / test / immunity records of employees?

  • If an employee refuses a request or requirement for vaccination asserting medical reasons, can we require proof of the medical reason?

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