This is my first communication with you in 2022, so a belated Happy New Year from me!
January of this year saw the publication of NHS England's Vaccination as a Condition of Deployment (VCOD) for Healthcare Workers-Phase 2 (Implementation) (NHS England, 2022).
Much has been made of this in the media, with some supporting the need for mandatory vaccination for frontline staff, and some questioning it based on freedom of choice and evidence base. We know that a significant enough number of NHS staff remain unvaccinated and the implications this has for the practice environment. The guidance from NHS England is very clear. Frontline (patient-facing) staff must be fully vaccinated by 1 April 2022 to avoid redeployment or termination of employment. This means that to comply with this edict, staff currently unvaccinated must have had their first dose of the COVID-19 vaccination by the 3 February 2022. Records will be made available to trusts to check on the status of vaccination of their staff to allow them to comply with legislation. This means that as of 4 February 2022, communication will be made with those who have not had their first dose and an action plan set in place. The guidance does urge redeployment as the first option but if this is not possible, or if the redeployment of unvaccinated staff would interfere with the redeployment of other staff with protected characteristics who by law must be redeployed, then the dismissal of the unvaccinated member of staff is permitted.
Notice of termination of employment cannot be sent before 3 February 2022 and should not expire before 31 March 2022. This allows for the potential for redeployment to be retained until the last possible day of the notice period. If the notice period goes beyond the 1 April, due to statutory periods, then the member of staff should be placed on leave until termination of employment takes place.
However, on the 31 January 2022 there was a radical announcement. Sajid Javid said a review of the policy under a consultation was to take place and until it concluded the previous deadlines were no longer applicable. He stated that dependent on the findings in the consultation the government may revoke the regulations and legislation around VCOD.
This is a worrying time for you all out there already facing shortages of staff in many areas and feelings are running high regarding this. Boris Johnstone stood up in the Commons on the 19 January and admitted that the NHS staff were ‘exhausted’ (UK Parliament, 2022) after the publication of figures that one in four doctors were tired to the point of impairment. Of course, it isn't just doctors, many NHS staff are reporting fatigue, stress and burn out. Taken alongside figures suggesting at any time up to 10% of staff were off sick over the Christmas period (BMA, 2021) we can see why the potential dismissal of NHS staff caused such a wealth of concern.
We are navigating again through uncertain times, but the hope that omicron is waning keeps many of us going. In the time between me writing this and publication, it may all have changed again! They do say a week is a long time in politics.
Stay safe and well and keep being amazing.