Care home workers are taking legal action against the UK government to overturn the mandatory COVID vaccine law.
Two care home staff are pursuing a Judicial Review challenging the amendment to ‘The Health and Social Care Act 2008’ which will prevent individuals from entering a care home after 11 November 2021, unless they have been double vaccinated or are eligible under an exemption.
They are also seeking a quashing order to render mandatory vaccination rules null and void and want a declaration from Health Secretary Sajid Javid that the regulations are unlawful and that he has violated articles 8 and 14 of the European Convention on Human Rights (ECHR).
The Judicial Review is being brought on several grounds, including that the regulations are incompatible with laws prohibiting the enforcement of mandatory vaccines, that the regulations interfere with the public’s right to ‘bodily integrity’ and are severe, unnecessary, and disproportionate.
They are also making the case that the mandatory jab requirement is irrational and will lead to shortages of workers across the care sector, and that the rules will disproportionately impact women and those who identify as Black/Caribbean/Black British, in contravention of Articles 8 and 14 of the European Convention on Human Rights.
When the ‘no jab, no job’ rule for the care sector was passed in August, it was met with widespread concern among care sector employers who are already facing labour shortages and with low vaccine take up rates among care workers. It was feared the new regulations, and the stated deadline, would exacerbate the existing staffing crisis.
The government predicts seven per of care home workers, which is around 40,000 staff out of 570,000 working in care homes in England will refuse to have the vaccine.
The Judicial Review is being crowdfunded and funded by freedom of choice campaigner, Simon Dolan. By 14 September, over £60,000 had been raised.
Since the regulations are due to take effect on 11 November, lawyers have asked the Court to provide an early hearing date.
Author
Gill Laing is a qualified Legal Researcher & Analyst with niche specialisms in Law, Tax, Human Resources, Immigration & Employment Law.
Gill is a Multiple Business Owner and the Managing Director of Prof Services - a Marketing Agency for the Professional Services Sector.
