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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 75141
Experience:  Qualified Solicitor
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I’m looking to see where I stand with work I’m currently

Customer Question

Hi I’m looking to see where I stand with work I’m currently offshore and since been told if I am not double jabbed by the end of October I will need to travel to spend 3 extra nights in a hotel at my own expense before I come back offshore which I find strange as all the cases that’s made it on this platform and been sent backs off have been double jabbed so I don’t see the difference
JA: Where are you? It matters because laws vary by location.
Customer: Scotland
JA: What steps have you taken so far?
Customer: nothing as yet I have had Covid just a few weeks ago but was fine only minor symptoms for 2 days and I have ordered an antibodies test kit to see if they’d except this that I have a better immune system than those who have been jabbed.
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: no
Submitted: 20 days ago.
Category: Law
Expert:  Ben Jones replied 20 days ago.

Hello, I’m Ben. It’s my pleasure to assist you today. I may also ask for some preliminary information to help me determine the legal position.

Customer: replied 20 days ago.
Ok
Expert:  Ben Jones replied 20 days ago.

Can I just check how long you have worked for your employer please? and what is your specific question in relation to this please, so that I can best advise?

Customer: replied 20 days ago.
No it’s fine I’m nightshift.
Expert:  Ben Jones replied 20 days ago.

OK thank you. Can I just check how long you have worked for your employer please? and what is your specific question in relation to this please, so that I can best advise?

Customer: replied 20 days ago.
I have been with the company around 1 year, and with all this going on it’s been fine until now as there has been more cases getting tested onshore and negative then 2 days later we get tested offshore and there has been positive cases and everyone has been double jabbed, I have refused my jabs so they are now saying I will have to get them by end of October or I will need to travel up to spend 3 nights in a hotel before coming offshore at my expense which I’m fuming about especially when it’s been all double jabbed that’s been getting sent back home as testing positive
Customer: replied 20 days ago.
Hello
Expert:  Ben Jones replied 20 days ago.

OK I understand and thank you for providing this information. Please leave it with me for now; I will get back to you with my answer as soon as I can, usually the same day. The system will notify you when this happens. Please do not reply in the meantime as this may unnecessarily delay my response. Many thanks.

Expert:  Ben Jones replied 20 days ago.

Many thanks for your patience, I am pleased to be able to continue assisting with your query now. First of all, I am sorry to hear about the issues you have experienced in your situation.

The employer has the right to introduce such policies if they wanted to and if you refuse to comply, your employment may be at risk. I appreciate it is your choice whether you get jabbed or not, but it is also the employer’s choice to decide how to treat those who are jabbed versus those who are not. There is no specific protection for those who refuse to be jabbed, unless the reasons are linked to a disability (i.e. you cannot get jabbed due to a medical condition which is a disability).

The reason your job may be at risk is the fact that you have only been continuously employed at you place of work for less than 2 years. That means that your employment rights will, unfortunately, be somewhat limited. Most importantly, you will not have legal protection against unfair dismissal. This basically means that your employer can dismiss you for more or less any reason, and without following a fair procedure, as long as the decision is not based on a reason which makes a dismissal automatically unfair. They can proceed with a dismissal even if you had done nothing wrong and also without following any specific fair procedure or proving that any of the allegations are true.

As mentioned, there are some exceptions to this, in which case the 2-year rule does not apply. These include situations where the dismissal was wholly, or partly, due to:

- Discrimination due to a protected characteristic (i.e. because of gender, race, religion, age, disability, sexual orientation, etc.)

- Taking, or trying to take, leave for family reasons including pregnancy, maternity/paternity leave, parental leave, adoption leave or leave for dependants

However, if the dismissal had nothing to do with any of the above exceptions, you would not be able to challenge it due to not meeting the minimum service criteria for claiming in the Employment Tribunal. In that case your only protection would be if you were dismissed in breach of contract. That would usually happen if you were not paid any contractual notice period due to you, unless you were dismissed for gross misconduct. That is where you were guilty of something very serious which justifies immediate dismissal, without any notice pay.

In any other circumstances, you would be due a minimum notice period, as per your contract and associated pay. If you did not have a written contract in place you would be entitled to the minimum statutory notice period of 1 week. The employer would either have to allow you to work that notice period and pay you as normal, or they can decide to pay you in lieu of notice. That is when you are paid for the equivalent of the notice period but your employment is terminated immediately and you are not expected to work through your notice period.

Customer: replied 20 days ago.
Hi so basically Coercion is ok
Customer: replied 19 days ago.
What about if you become injured due to the vaccine does it become a work place injury as it’s a stipulation to work fir your employer
Expert:  Ben Jones replied 19 days ago.

No it does not unfortunately. In the end, it is still your decision whether you get jabbed or not. You cannot blame work for any side effects as they are not the ones jabbing you or providing the vaccine

Expert:  Ben Jones replied 18 days ago.

Hello, following my main response above, I just wanted to check that everything was clear. If you have any further queries about this issue, you can reply to me at any time on this portal and I will be happy to help. Thank you.

Expert:  Ben Jones replied 18 days ago.

Hello, I trust that everything has now been resolved to your satisfaction and your original question has been dealt with. If you have any further queries about it, please do not hesitate to get back to me on here. In the meantime, I wish you all the best.