Staff who refuse to have a Covid vaccination could still be forced to wear a mask in the workplace, according to one of Irelands leading employment lawyers.
Melanie Crowley, partner at Mason Hayes & Curran, an employment lawyer for some of Irelands biggest domestic and multinational companies including Facebook, Twitter, LinkedIn, Salesforce, Accenture and Western Union says the measure could be put in place to protect the health and safety of other workers.
Asked if employers can legally enforce mandatory mask wearing for unvaccinated employees she said: Yes, absolutely.
Our vaccination programme is voluntary and that means nobody can be forced to have a vaccine, but it also means organisations are going to have to prepare for people returning to work who are not vaccinated and consider how they are going to manage mixing unvaccinated staff with vaccinated staff.
They are also going to have to consider how they are going to manage people who dont want to disclose whether they are vaccinated or not.
For employees who are coming back on site who are not vaccinated or dont want to disclose if they are, I think there is a whole suite of protections that might have to be put in place, such as dedicated areas for unvaccinated staff.
It is an ongoing health and safety issue and employers are going to have to take advice from health and safety consultants.
Ms Crowley said employers in Ireland will have to rely on an honour system when it comes to employees revealing whether or not they have had the jab.
They will take staff at their word, she said.
Asked what issues she can see on the horizon as Irelands workforce prepare to return to the office in September, she said: I have heard some people express concern around possible segregation of unvaccinated employees and whether or not that might cause issues and complaints on discrimination grounds.
I think there should be health and safety logic to whatever decision is made. Employers have to go to a qualified health and safety person to make the call.
Her comments come after legal experts reported staff will be able to return to the workplace even if they refuse the vaccine.
In Ireland employees enjoy powerful rights to privacy and to bodily integrity, including a right to reject medical treatment. This could mean companies will not be able to segregate those who refuse to get the jab.
The situation is set to create a significant legal headache, as many firms plan for the phased return of workers.
Visit our Covid-19 vaccine dashboard for updates on the roll out of the vaccination program and the rate of Coronavirus cases Ireland