An upcoming change to the law means that all frontline healthcare staff will need to be fully vaccinated against Covid-19 by April 1, 2022.

The policy of mandatory vaccinations applies to all practitioners performing a CQC-regulated activity. This covers the dental sector and applies regardless of whether the practice is private, NHS or a mixture of both.

Vaccine controversy
The issue of mandatory vaccinations is a controversial one. The dental sector follows on from the care sector in requiring vaccinations as a condition of employment/engagement after a certain date. It is already a condition of GDC registration that practitioners have hepatitis B and tuberculosis inoculations, in accordance with the Department of Health guidelines. However, many practitioners consider the Covid-19 vaccine to be a step too far and this is a very worrying time for them as they try to balance their concerns regarding the vaccine against the very real risk of losing their job.

Judicial review
FTA Law is launching a judicial review of the government’s ‘no jab, no job’ mandatory vaccination policy for healthcare workers. The review is backed by leading specialist barrister, Sam Karim QC.

A judicial review is a process which enables the court to review a government decision to ensure they have acted lawfully and fairly.

Timescales
The timescales for judicial reviews are very short so time is of the essence. The policy was announced on November 9, 2021, so the final deadline is three months from that date (i.e., February 9, 2022) however any action should be taken promptly. In the absence of a successful judicial review, the policy stands, and unvaccinated practitioners will have their contracts terminated with effect from April 1, 2022.

Procedure
FTA Law is in the process of submitting a detailed pre-action letter setting out the grounds for the judicial review, which will be followed by court proceedings.

Usually, a judicial review will seek a quashing order to set aside the decision and a mandatory order directing the government to take the decision again in accordance with the court’s judgment. This is often coupled with an interim injunction to prevent the decision being acted on pending the court’s determination.

Costs
The benefit of judicial review proceedings is the relatively low legal costs as compared to other court proceedings, as a result of the expedited process and light volume of evidence relied on. The court has a wide discretion as to costs awards and it can be possible to apply for a costs capping order where appropriate. FTA Law has an established group set up which enables costs to be shared equally at fixed fees for each stage of the process.

Recent successes
There have already been several successful judicial reviews relating to Covid-19, including the removal of the 10pm curfew for hospitality and the 3 Tier system for restrictions.

Next steps
As a firm, FTA Law specialises in providing legal services for the dental industry. Lindsay Dixon is an associate solicitor in the Dispute Resolution Team and has over 20 years’ experience of civil litigation to include judicial review involving the government. For more information on being a part of the review, please email lindsay.dixon@fta-law.com


Author: