Can businesses stop company sick pay for isolating, unvaccinated employees?

By London sponsors, Loch Associates Group

Last week was interesting after Next, Ocado, and now Morrisons, have announced similar schemes to IKEA, changing their policies to only pay statutory sick pay for staff who haven’t been vaccinated but are required to self-isolate after being a close contact of a positive Covid-19 case. 

While a headline grabber, we do wonder if they have considered all the ramifications of doing this. Aside from potential indirect discrimination issues arising, you would need to change contracts of employment to force an employee to disclose their vaccination status. This would involve consulting with staff. In addition, employers must also consider the data protection issues around gathering and storing vaccine information and if it can be lawfully done unless they are in a mandating sector.  

It’s also worth considering other damaging unintended consequences, including employees continuing to come to work to avoid a reduction in pay. The big question is, is it worth doing it for a small saving?

To discuss anything employment law or HR related, please contact us by visiting www.lochassociates.co.uk or telephone 0203 667 5400