Talk:Northern Ireland Assembly Information Office
PLEASE TAKE NOTE OF ALL POINTS RAISED AND PRESENT THIS WARNING TO YOUR PEERS AND COLLEAGUES FOR URGENT ACTION.
Attn: Care home owner(s), manager(s), line manager(s) and any and all others classed as employees at your care home (below referred to as “You”.)
• EMPLOYERS - You will have a personal liability under a large body of existing international and domestic law, including enshrined common law rights, if you coerce your staff to get vaccinated under threat of losing their job, please read the below carefully:
1. Requiring your staff to have a COVID-19 vaccination in order to continue in their employment is a fundamental change to their contract of employment, which has to be agreed to by employer and employee, after an appropriate consultation process,
under current UK employment law. If You fail to follow this process, you are liable for breaching employment law, and any dismissal or forced resignation of staff would be unfair, potentially automatically unfair, and a prohibited act of discrimination.
2. Requiring staff to have a COVID-19 vaccination in order to continue their employment may render You personally liable for damages for harm, injury, and/or death resulting from the vaccination, under contract law and/or tort.
3. Requiring staff to reveal their COVID-19 vaccination status breaches the Data Protection Act 2018 for which You are liable.
4. Requiring staff to reveal allergies or other medical information as to why they may be unable to have a COVID-19 vaccination breaches the Data Protection Act 2018, for which You are liable.
5. As the majority of care workers are young and female, requiring staff to have a COVID-19 vaccination is likely to be indirect discrimination in breach of the Equality Act 2010, for which You are personally liable.
6. Requiring staff to have a COVID-19 vaccination in order to continue their employment discriminates against those with certain religious or philosophical beliefs that prevent them from having the vaccination.
This is a breach of both the Equality Act 2010 and the Employment Equality (Religion or Belief) Regulations 2003, for which You are liable.
7. None of the vaccines have been tested on pregnant or breastfeeding women. There is therefore no data on impact on fertility, and transmission of the vaccine components to babies. Requiring a predominantly young
female workforce to have a vaccination that has not been tested in this manner is putting them, their fertility, and current or future babies at undue risk, for which You may be personally liable for damages through a personal injury claim under contract law and/or tort.
8. Every human being has the right at common law to full, free and informed consent to every medical procedure, and has the right to maintain bodily autonomy.
Montgomery V Lanarkshire 2015, R Wilkinson V Broadmoor 2001 and Burton Hospitals NHS Trust 2017. Forced or coerced medical procedures, without informed consent, may be sued in the ordinary way for the tort of battery, for which You would be personally liable. You may also be criminally liable.
9. As the proposed “The Health and Social Care Act 2008 (Regulated Activities) (Amendment) (Coronavirus) Regulations 2021” are in direct contravention of the Human Rights Act 1998, the Equality Act 2010,
various employment law, and common law rights, they are likely to be challenged, and the legal status quo of every individual must therefore be maintained until such a challenge is resolved.
Remember - You will
have a personal liability under a large body of existing international law and domestic law, including enshrined common law rights, if you coerce your staff to get vaccinated under threat of losing their job.
EMPLOYER ACTION:
You should read the case law and statutory obligations placed on you, then lobby the government to ensure their proposals as regards vaccination of your employees are reversed, otherwise you will be
PERSONALLY liable for any harm caused, not the government.
EMPLOYEE ACTION: IF YOU ARE AFFECTED BY THESE ISSUES, YOU CAN TAKE ACTION BY DOWNLOADING RELEVANT LETTERS TO SEND TO YOUR EMPLOYER FROM THE FOLLOWING WEBSITES:
https://awakenedworld.co.uk/care-home-workers
https://ukfreedomproject.org/campaigns/care-home-workers-mandatory-vaccination-letter/
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