Although the mandate under regulations is almost certainly to be revoked very shortly, many remain worried that a mandate is being pushed through the back door using policies based on ‘professional responsibility’. That is a worry that no one needs.
Below is a generic template letter that may be cut and pasted and adopted to individual circumstances as necessary.
Template Letter to Trust or University etc
Re: ‘professional responsibility’ and Covid-19 vaccination status
Dear [ ]
I write in relation to recent communications encouraging an alleged ‘professional responsibility’ to accept Covid-19 vaccination and/or to disclose vaccination status.
I accept that if the vaccine mandate imposed by regulations should not be revoked before 1st April 2022, then any University, Health Trust or other affected organisation may have to act having regard to that mandate.
However, the Secretary of State, Sajid Javid, has stated unambiguously that the requirement of vaccination for deployment in the health sector is disproportionate and that he intends to revoke it. A requirement for vaccination that is disproportionate is unlawful and no consultation response can alter that fact. Changing the method of implementation of a mandate – moving from regulation to encouraging organisations to apply policy decisions based on allegations of ‘professional responsibility’ or any other rationale – does not render the requirement lawful.
Government policy remains to seek vaccination of the entire population, including children. That is a political decision and the reference by politicians, and the Chief Medical Offices appointed by them, to ‘professional responsibility’, is a dog whistle and bark without bite. The bark is unjustified but, for all the reasons related to of informed consent which need not be rehearsed here, causes continued fear and distress to many. There is, however, no bite, not least since professional responsibility has never before demanded injection with the Covid-19 vaccines. It would be bizarre to suggest that current circumstances – those which have led to the statement of disproportionality – now present the need for such a demand.
On the other hand, there is bite in the law to prevent any continued attempt to coerce vaccination using denial of any offer of, or access to, services, education or services or any related benefits. Such attempts amount to unlawful discrimination under the Equality Act 2010 and, in respect of any organisation exercising a public function, may also be subject to judicial review. It is also a breach of privacy and of the GDPR for an individual’s personal health record or private information, such as their vaccination status or the lack of knowledge of it, to be disclosed to anyone other than where express permission has been obtained. A record of unknown vaccination status is itself a record of personal information, private in itself and otherwise personal to private dealings between contracting parties e.g. between employee and employer, student and university etc. That is all the more so where ‘unknown’ status may lead to action being taken on the assumption an individual has not had complete course of Covid-19 vaccine.
In all events, the disclosure to anyone for the unlawful purpose of considering eligibility for offer or access to any services, education or services or any related benefits is, in itself, unlawful.
If and so far as I have given any permission for my vaccination status, including unknown status, to be disclosed internally or to any third party, please note that permission is hereby revoked.
If you consider I may previously have provided any such permission, please confirm in writing and provide copies of the evidence and record of any my providing such permission.
Please reply to confirm to whom reports have been made of my Coivd-19 vaccination status and/or of information that my vaccination status is unknown. Please provide me with copies of such reports. This request in accordance with my rights under the GDPR and the legal requirement is for copies to be provided to me not just within a month, but as soon as possible.
Please also check out our other posts and support the legal challenges against vaccination of healthy children and continuing #together against vaccine mandates.
Warning: Law and circumstances can change very quickly. Please note the date of publication of any blog post and check for any updates on the issues addressed. In any event, we do not condone or encourage breaching the law and neither the above nor any information posted on this website constitutes legal advice. It must not be relied upon as such and specialist legal advice should be taken in relation to specific circumstances. Please read our disclaimer.