From 1st April 2022, individuals undertaking CQC regulated activities in England (including secondary and primary care) must be fully vaccinated against Covid-19, regardless of their employer.
On 11th November it became obligatory for all people that work in a care home in any capacity, to be double vaccinated against Covid-19. This same obligation is also being placed on any organisation with a CQC registered service or any with a patient/client facing workforce operating as part of a CQC-regulated service. From 1st April 2022, individuals undertaking CQC regulated activities in England must be fully vaccinated against Covid-19, regardless of their employer, including secondary and primary care. Find out more below, including who this regulation applies to and next steps you can take.
On 11th November, it became obligatory for all people that work in a care home in any capacity, to be double vaccinated against Covid-19. That meant that care homes had to dismiss (or redeploy out of the service) any of their staff and volunteers who had not been vaccinated by that date. In order to do this, they needed to prepare, both in terms of gathering the appropriate data on their workforce and also thinking about the process they needed to go though with any staff that were not double vaccinated by the deadline.
The New Regulation
This same obligation is now also placed on any organisation with a CQC registered service or any with a patient/client facing workforce operating as part of a CQC-regulated service. From 1st April 2022 individuals undertaking CQC regulated activities in England must be fully vaccinated against COVID-19, regardless of their employer, including secondary and primary care.
The government regulations are expected to come into effect from 1 April 2022, subject to parliamentary process. This means that unvaccinated individuals will need to have had their first dose by 3 February 2022, in order to have received their second dose by the 1 April 2022 deadline.
We know from the implementation of this new regulation in the care home sector that not every single volunteer and staff member will have been vaccinated by the deadline. Some people may refuse the vaccine for health reasons or other reasons personal to themselves. It is very likely that mandatory vaccinations in care services will put some people off coming into or staying in the care sector for their employment.
The overriding risk therefore is that this new regulation will increase the number of staff vacancies and make it more difficult to recruit to care services.
Who does the regulation apply to?
The new regulation applies to any person who works in a client or patient-facing role in any CQC-regulated service, even if their employer is not the regulated provider. It also applies to volunteers in similar roles. People in office-based roles who do not come into contact with service users would not fall under this regulation.
So, for example: an administrator in an office working in a Home Care team who does not see service users in their homes would not require double vaccinations, but a Foot Care Assistant in a regulated home-visiting foot care service, or a volunteer driver in a Hospital Discharge service would fall under this regulation.
We know that one-to-one conversations have been the most effective way to support colleagues to make an informed choice, often leading to vaccination uptake. Therefore, it is important for line managers to arrange and have supportive one-to-one conversations with unvaccinated staff members to identify reasons for vaccine hesitancy and provide information that will support them to make an informed decision about the vaccine.
You can find Covid-19 vaccine communication materials from the NHS here. Organisations should encourage individuals who have not yet been vaccinated to use the resources available and discuss with their own GP or trusted healthcare professional if they wish to have a further conversation or have any questions around vaccination.
It is important that these conversations with staff are supportive and empathetic, rather than coercive. It is also useful to try to make it as simple as possible for staff and volunteers to get the vaccine, for example by allowing time in work for them to do this if necessary, or giving them the locations of the nearest vaccine centres.
It is important that organisations gather the relevant intelligence on their workforce through these conversations – ask staff and volunteers to share with you their vaccine status and to demonstrate this with their vaccine passports, cards or letters. Record which staff have been vaccinated and which will get vaccinated.
Ensure that the deadlines will be met: for a first vaccination, the deadline is 3rd February 2022. For someone awaiting their second vaccination, this could be any time up to 31st March 2022.
It is vital therefore to record details of those staff and volunteers who intend to decline having a vaccination and the reasons why. Unless they are exempt, or later change their mind (it is worth having more than one conversation with colleagues in this position just in case) you will need to be clear with them what your procedure will be from an employment point of view when the deadline passes. Will you be able to redeploy these staff and volunteers to another, non-regulated service? Or, will you need to dismiss them on 1st April? The conversations you have with staff will need to make the consequences clear. Ensure you have sought HR advice on the dismissal process and what letters and other communication will be required for those staff.
Organisations need to start acting now to gather appropriate data and consider the actions required of them and their staff by 1st April 2022.
If you have any questions about this guidance, please contact: firstname.lastname@example.org