Local businesses have been warned to think very carefully before they are tempted to discipline or sack workers who refuses to get a Covid jab.

A top regional law firm has warned that firms could well lose employment tribunals if they take action, and they could also open themselves up to personal injury claims if there is an adverse reaction to a vaccination.

There is a national debate going on within the legal profession about what action an employer could take over staff who refuse Covid vaccinations, especially as the country is pegging its hopes of returning to normal on a fast, mass vaccination campaign.

But leading Midlands law firm Thursfields Solicitors is advising caution, especially with many people able to work from home nowadays.

James Monk, an associate director in the Employment department, not everyone will be prepared to get the jab.

How employers responded to staff if they refuse to be vaccinated is a ‘highly sensitive issue.’

“There is no legislation to say that vaccinations are mandatory, and it may therefore be risky for employers to insist on it.

“There are potential discrimination issues, for example in relation to those who have a moral or religious objections, such as vegans who may object to the use of gelatine in a vaccine produced from pigs.

Mr Monk said there could be some situations where disciplinary action might be used if a vaccination was required for an employee to be able to carry out their job.

But he warned: “In practice an employment tribunal may, in some cases, be unwilling to accept that it was fair to discipline or dismiss an employee who is refusing a medical procedure.

“A tribunal is likely to consider other things, such as the employee’s privacy, and how online technology enables many roles to be fulfilled from home.

“We are in unchartered waters and suggested employers should communicate their desire for employees to take the vaccine and the reasons. “Winning hearts and minds is often as effective, if not more so, than taking.”