Top 10 HR questions April 2021: Vaccination and data protection

Covid-19 vaccination card. Paul Maguire / Shutterstock
Photo: Paul Maguire / Shutterstock

Asking employees if they have been vaccinated raises data protection issues that employers must address.

Employers continue to explore how they can utilise the coronavirus vaccination programme to support their efforts to make workplaces Covid-secure. But can employers even ask their employees whether they have been vaccinated? This is the most popular FAQ in the top 10 for April.

Following the end of the Brexit transition period, a grace period applies in relation to right to work checks for EEA nationals, causing some confusion for employers recruiting during this period. An FAQ explaining the current position also features in the top 10.

For the second year, the month of Ramadan takes places during a period of coronavirus restrictions, where many employees will still be working from home. Another FAQ in the top 10 looks at steps that employers can take to support employees who are currently observing Ramadan.

The top 10 HR questions in April 2021:

1. Can employers ask employees if they have had a coronavirus (Covid-19) vaccination?

2. Can employers make having had a coronavirus (Covid-19) vaccination a condition of employment for new recruits?

3. Can an employer require employees to have a coronavirus (Covid-19) vaccination?

4. What is IR35?

5. How should employers carry out right to work in the UK checks for European nationals following Brexit?

6. Which individuals does an organisation need to assess under the IR35 rules?

7. What can employers do to support employees who are observing Ramadan during the coronavirus pandemic?

8. Can an employer require employees to be tested for coronavirus (Covid-19)?

9. When does overtime have to be included in holiday pay?

10. What can an organisation do if the CEST tool gives an undetermined result for an IR35 assessment?


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