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    Employer Vaccine Mandates

    United Airlines have mandated Covid vaccination with threat of termination of employment for non compliance.

    This wouldn't be legal in the UK would it? It's a feature of the USs employer friendly environment isn't it?

    But United must be unionised mustn't it? Have they agreed to changes in employment agreements? Should they? Would it be a hypothetical unions duty to protect the rights and terms of non-vaccinated members?

    I'm fine with a government insisting on vaccination but not an employer. I think. Maybe I could be convinced otherwise.

    #2
    A number of health care providers have done the same.

    Would it really be illegal in the UK? What is the right that is being infringed?

    And if you are ok with government mandates, what about the NHS or Civil Service?

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      #3
      School teachers here have to be vaccinated, and L has an anti-vax cousin who teaches. It's not going to end well.

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        #4
        The US federal government now has a vaccine requirement for all federal employees. Your choice is to get vaccinated or have a genuine medical exemption - and even then, you may be transferred to a different job if you can't do yours safely unvaccinated. It doesn't seem particularly egregious. Most healthcare businesses in the US have had annual flu vaccine requirements for a long time already. I don't see why this would be different.

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          #5
          Maybe illeagal is the wrong word. I don't think most contracts would cover it and I don't think employers would be able to change contracts to add a requirement unilaterally.

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            #6
            That may be more important as to the difference

            The vast majority of the US workforce is not just non-unionised, but also doesn't work under contract. They are "at will employees". I was until ai became an equity partner.

            As a result, there is generally no need to modify a contract here because there isn't one.

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              #7
              Everyone who is employed here works under a contract, whether they've seen or signed one or not.

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                #8
                Yes and almost every contract will have some inclusion about the employee's duty to ensure health and safety, which could easily be used to mandate vaccinations. If they wanted.
                Last edited by Patrick Thistle; 05-10-2021, 18:54.

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                  #9
                  Originally posted by TonTon View Post
                  Everyone who is employed here works under a contract, whether they've seen or signed one or not.
                  I presume that you are talking about the "formal economy"

                  That can't be the case with day labourers, informal migrant and family networks, etc

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                    #10
                    I mean that there is in law a contract in every situation in which there is an employer-employee relationship, whether that is recognised as such by either or both parties or not. An employer-employee relationship exists according to legal tests and again is not, in law, dependent on its being recognised by either party or both.

                    Not that, in practice, that can be relied on as the employee who isn't recognised is unlikely to have access to the legal support required to enforce that. But it is the case.
                    Last edited by DCI Harry Batt; 06-10-2021, 10:55.

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                      #11
                      Indeed it is.

                      And here the law differs between our countries of residence, as the legal recognition of "at will" employment in the US has created a situation in which employees have essentially no legal rights beyond prevention of slavery.

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                        #12
                        I know of a care home worker who is anti-vax. Initially the employer only changed the rule for new hires, whose contracts could be amended with a vacccination mandate, but having taken legal advice it seems they are now amending contracts for existing employees. Her latest wheeze is claiming to be vegan, and that the vaccine's chimpanzee origins offends her morals.

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                          #13
                          Her next wheeze may be somewhat more problematic.

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