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New Regulations and Guidance on Mandatory Vaccinations in Care Home and Health and Social Care Sectors

on Friday, 21 January 2022.

The Government's mandatory vaccinations policy for the care home and health and social care sectors continues to develop, with new regulations and guidance offering clarification on the detail of the requirements.

The Health and Social Care Act 2008 (Regulated Activities) (Amendment) (Coronavirus) (No. 2) Regulations 2022 provide that:

  • individuals who have not previously been employed or engaged in a care home can be deployed if they have received a single dose of a vaccine at least 21 days before starting work. They must then obtain a second dose within 10 weeks of the first, and
  • there is now an exemption for those taking part in clinical trials.

From 1 April 2022, mandatory vaccination will also be required for staff working "any other regulated activity" outside a care home, including those working in nursing and personal care, and most forms of health care including medical treatment, surgery, diagnostic services, ambulance services, midwifery and dentistry. Exemptions will apply to staff who are under 18, who are clinically exempt, who have no face-to-face contact with service users, or where the activity is part of a "shared lives agreement".

Determining whether a worker is in or out of scope of the regulations can be complex and accompanying guidance has been produced on making the assessment.

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For more information, please contact Ellen Netto in our Employment Law team on 0117 314 5377, or complete the form below.

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