When Pimlico Plumbers boss Charlie Mullins announced his plans to make the Covid jab compulsory for his staff, the vaccines minister Nadhim Zahawi described the proposal as discriminatory. Mullins replied that his lawyers, Mishcon de Reya, had assured him it wouldn’t be. Three weeks on, the Telegraph is reporting that the issue has become “the centre of a row in Cabinet”.
As a piece of messaging, “no jab, no job” has much going for it. Like its progenitors “no hard hat, no work” and “no mask, no entry”, it takes an instance of risk-aversion most of us can at least see the sense in, frames it as a value-free universal truth, and adopts the threatening syntax of officialdom to convey its contempt for the public. Add to that the phrase’s enchanting monosyllabic alliteration, as well as the fact that many people will find the idea completely outrageous, and it becomes hard not to see it catching on.
But is it discriminatory? Having an unequal effect that correlates with a “protected characteristic” is not the only way for a policy to be bad, of course. But a claim on those grounds is a nuclear weapon in Employment Law — and a way for employees with less than two years’ service to attack an unfair dismissal — so it’s a good place to start.
The Equality Act says there’s no discrimination if a requirement is “a proportionate means of achieving a legitimate aim”. One such aim might be the requirement in Section 3 of the Health & Safety at Work Act 1974 — alluded to by both Mullins and the Telegraph’s Cabinet source — to look out for anyone whose health might be negatively affected by your firm’s activities. As for proportionality, perhaps there’ll be an exemption for pregnant women and Christian Scientists — although presumably not for BAME people, who, for reasons no one has yet plausibly explained, are on average considerably less keen on the idea of this vaccine.
But the trickiest question in the discrimination issue is the same one raised by those who would object to a ‘no jab, no job’ policy altogether: namely, is the increased risk of Covid-harm from unvaccinated plumbers sufficient to justify sacking people for refusing to undergo a medical procedure they don’t want?
Now, if we were only talking about, say, doctors and nurses, there might be a stronger argument for compulsory vaccination: the increased risk to others is greater in their case; they’re a small minority of the population; and there are, after all, many other ways to earn a living. Let’s not forget, it has long been impossible for most doctors in the UK to do their jobs without being inoculated against Hepatitis B. But it isn’t only doctors and nurses, and it isn’t only plumbers.
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