Can an employer request staffs' coronavirus vaccination status?
With reports of Goldman Sachs asking their staff to disclose their coronavirus vaccination status, this raises the question of whether this is lawful. Can employers ask employees about their vaccination status and then retain that data?
-
New HMRC guidance on winter fuel payments
HMRC has released new guidance on the recovery of winter fuel payments. What do you need to know?
-
Festive tax breaks for remote workers
You’re familiar with the tax break for Christmas parties but you now have a few remote workers, and the company will need to reimburse their travel and accommodation costs if they attend an event. Which costs count towards the tax-free limit and how can you manage any overspend?
-
New process for some exports starting in Northern Ireland
Starting next month, businesses that import goods via Northern Ireland will need to change their processes. What do you need to know?
Advice from the Information Commissioner’s Office’s (ICO) is that under the UK GDPR, employers collecting vaccination status information from employees must be doing so because it is necessary and relevant for a specific purpose.Where this is the case, the ICO confirms that there is a lawful basis for processing it. That said, before collecting vaccination status data, where the use of it is likely to result in a high risk to individuals (such as denial of employment opportunities), employers must first carry out a data protection impact assessment. This would need to consider why such data is needed, and the reason here must be clear and compelling. Whilst an employer may be able to justify collecting it in relation to making the workplace safe, particularly where there’s a health and safety risk to clinically vulnerable individuals, keeping it for monitoring purposes only would be much more difficult to justify.
Where an employer does decide to collect vaccination status data, they should only collect the information required for the purpose for which they’re collecting it and hold it for no longer than necessary. They must also be open and transparent and so should tell employees exactly what data is being collected, why they need it, what they’re using it for, how they will securely store it, for how long it will be retained and who will be able to access it (an employer can’t just share an employee’s vaccination status with other staff as that would breach the UK GDPR and duties of confidentiality). The collection of this data must also not result in any unfair or unjustified treatment of employees. Then, the position must be kept under continuous review.





This website uses both its own and third-party cookies to analyze our services and navigation on our website in order to improve its contents (analytical purposes: measure visits and sources of web traffic). The legal basis is the consent of the user, except in the case of basic cookies, which are essential to navigate this website.