HC-One has made the jab mandatory for all staff in its 50-plus properties north of the border.
The company currently has more than 300 sites in the UK, with over 14,000 residents and more than 20,000 employees. HC-One says that 97% of its care-home workers have had the jab, but it has now started to dismiss those who refused.
The vaccine will be mandatory for all care-home workers in England from November 11, but this rule has not been adopted the Scottish Government.
Carers union GMB said this summer that HC-One would face a "landslide of legal action" if it went ahead with plans to force all staff to get a Covid jab if they want to keep their jobs.
HC-One used to run Home Farm care home on Skye where 10 residents died following a Covid-19 outbreak in May 2020.
The firm announced earlier this year that it would make the Covid-19 jab a condition of employment for all staff, including those in Scotland.
The company's view...
A HC-One spokesman said: "Our homes need to be safe and also open to visiting. We want the people we care for and their families to be able to come together as they wish. We can't miss any opportunity to make this happen, which is why we announced in July that the Covid-19 vaccine will be a condition of employment for all HC-One employees across the nations."
The firm says the move is a responsible one to protect those it cares for or who work for the company.
The spokesman added: "We have engaged at length, including on a one-to-one basis, with colleagues and their representatives to understand their individual reasons for refusing the vaccine.
"This week we have sadly started to dismiss colleagues who are not vaccinated, refuse to be vaccinated, and do not have an exemption.
“We must put the health and wellbeing of our residents and the vast majority of colleagues ahead of the very small number of individuals who do not wish to be vaccinated.”
An employment lawyer's view...
My take on this is that employers considering following suit should tread very carefully as the regulations which provide a legal basis to the care homes in England to mandate vaccination (which in themselves contain exceptions) do not extend to Scotland, nor outwith the care setting.
In all cases, it will be critical to understand the employee’s reasons to refuse the vaccination and may expose the employer to allegations of discrimination in deciding to dismiss.
There are of course many factors to take into consideration and HC-One have set out that their paramount consideration is the safety of their service users and other employees.
This will indeed be a material factor, but not necessarily a “golden ticket” should the “landslide of legal action” suggested by the GMB union come to fruition.
The Acas view...
Workplace body Acas says that if an employer wants its staff to be vaccinated, it is best to support them to get the jab without forcing them to.
It adds: "If an employer feels it's important for staff to be vaccinated, they should talk together with staff or the organisation's recognised trade union to discuss what steps to take.
"Any decision after that discussion should be put in writing - for example in a workplace policy. It must also be in line with the organisation's existing disciplinary and grievance policy and follow discrimination law.
"It's a good idea for the employer to get legal advice before bringing in a vaccine policy."
Acas adds that, if someone does not want to be vaccinated, the employer should listen to their concerns.
"Some people may have health reasons - for example if they will have an allergic reaction to the vaccine. Employers should be sensitive towards personal situations and must keep any concerns confidential."
