COVID-19 during the employee’s working hours, if vaccinations against COVID-19 are available during those hours.
(3) For the purposes of paragraph (1), if an employer does not hold vaccination information about an employee, the employer must treat the employee as if the employee is unvaccinated against COVID-19 infection.
Illustrations
Employer X, who is a glass manufacturer, may refuse to allow its employee-technician to enter the factory if the employee-technician refuses to provide his or her vaccination information to employer X.
(4) This regulation does not affect regulation 22.
Duties of principal in relation to vaccinations
12.—(1) A principal must take, so far as is reasonably practicable, such measures as are necessary to ensure that every worker of the principal permitted or required to attend (or both) at any workplace to perform work is a defined person when so at work, but not otherwise.
(2) A principal must not hinder or prevent any worker of the principal from reporting for, and undergoing, vaccination against COVID-19 during the worker’s working hours, if vaccinations against COVID-19 are available during those hours.
(3) For the purposes of paragraph (1), if a principal does not hold vaccination information about a worker of the principal, the principal must treat the worker as if the worker is unvaccinated against COVID-19 infection.
Illustrations
A financial institution may refuse to allow entry to its office to a cyber-security specialist it has engaged to test its IT system vulnerability if the cyber-security specialist refuses to provide his or her vaccination information to the financial institution.
(4) This regulation does not affect regulation 22.
