NHSE tells trusts not to dismiss unvaccinated staff, after government U-turn

An email to local NHS leaders said: “Today the Secretary of State has announced that [the vaccination as a condition of deployment policy] is being reconsidered. The government’s decision is subject to Parliamentary process and will require further consultation and a vote to be passed into legislation.

“We are aware that, based on the guidance already issued to the service, you will have begun to prepare for formal meetings with staff on their deployment if they remain unvaccinated. This change in government policy means we request that employers do not serve notice of termination to employees affected by the [vaccination as a condition of deployment] regulations.”

Previous guidance had required that, after 3 February – the deadline to have a first vaccination in order to have two vaccines by the 1 April legal cut-off – trusts begin formal meetings and issue dismissal warnings to unvaccinated patient-facing staff. 

Huge efforts have been put into encouraging staff to be vaccinated and to preparing for the next steps in recent weeks. However, tens of thousands across England are still believed to have had no vaccine, or to have an “unknown” vaccine status.

For social care the requirement came in November, and thousands of staff left their jobs.

Tonight’s brief NHSE letter gave no further guidance on whether trusts should continue to press staff to be vaccinated by that date, or continue to have discussions about redeployment.

Sajid Javid, who introduced the legal requirements last year, told the Commons: “I am announcing that we will launch a consultation on ending [VCOD] in health and all social care settings.

“Subject to the responses – and the will of this House – the Government will revoke the regulations. I have always been clear that our rules must remain proportionate and balanced – and of course, should we see another dramatic change in the virus, it would be responsible to review this policy again.”

He said the change of mind was due to omicron becoming the dominant covid variant, being milder, and the recent increase in the population’s immunity to covid, due to omicron infections and further vaccinations.

He said he had also:

• asked professional regulators to “urgently review current guidance to registrants on vaccinations including covid-19 to emphasise their professional responsibilities in this area”;
• asked the NHS to “review its policies on the hiring of new staff and the deployment of existing staff, taking into account their vaccination status”;
• asked officials to consult on updating infection prevention and control guidance which applies to health and care providers, and is enforced by the Care Quality Commission, “including reflecting the latest advice on infection prevention control”.

Many NHS leaders are privately furious at the late-notice change of policy, with employers having put in huge efforts to persuade staff to be vaccinated, despite confusion in recent days amid rumours of a U-turn coming.

Former NHS England chief executive Sir David Nicholson, now a trust chair in the Midlands, described the situation earlier today as a “shambles”.