The change in policy reflects the fact that Omicron is now the dominant COVID variant, with the mandatory vaccination policy having been drawn up when Delta was dominant. The Omicron variant is widely reported as being less severe than Delta, as well as more transmissible and vaccine resistant. There is, in addition, an ongoing staffing crisis both within care homes and more widely in the NHS.
There is to be a period of consultation on the proposal, before the relevant legislation is likely to be revoked by parliament.
Since 11 November 2021, workers in CQC-regulated care homes have needed to be vaccinated against COVID-19 unless exempt. The mandatory vaccination requirement was subsequently extended to the health and social care sector. Under the current law, providers of CQC-regulated activities in the health and social care sector are required to ensure that from 1 April 2022 only fully vaccinated workers are deployed into patient facing roles. Staff would have needed to receive their first dose of the vaccine by 3 February at the latest in order to be fully vaccinated by 1 April.
Whilst the Regulations on mandatory vaccinations remain intact for now, the Government's announcement will have a practical impact for employers in both sectors. Sajid Javid has confirmed unvaccinated care home staff already dismissed as part of the mandatory vaccination policy may "choose" to return to their former workplaces. No guidance has so far been issued on how care homes should respond to former staff getting back in touch about their jobs, but Sajid David has also said continuity of employment would not be preserved in these circumstances, meaning former staff may have limited recourse if a care home chooses not to re-employ them.
In respect of the Health and Social Care sector, NHS England has issued a letter stating it is likely that providers of CQC-regulated activities would have already begun to prepare for formal meetings with relevant staff should they remain unvaccinated. The letter states that due to the change in Government policy NHS England are requesting that employers do not serve notice of termination to affected employees.