The hospital has since said there was no intention to make vaccines compulsory for staff but the trust spokesman refused to explain why the letter had been written in the first place, why it had been shared among other senior London NHS figures and why people on the call with the chief executive were told it was happening.
In an article examining the implications of mandatory vaccinations of NHS staff, Michael Wright, partner at Hill Dickinson law firm said: “If an employer intends to make vaccination mandatory, this will amount to a change in terms and conditions.
“Employers must usually inform and consult with a recognised trade union about major changes in the workplace and changes to employees’ terms and conditions regarding pay, hours of work and holidays.
“Without agreement the employer would be faced with either unilateral imposition of the change, or terminating and offering re-engagement on the new terms. Both options carry significant legal risks.”
He also warned NHS trusts could face a challenge under Human Rights Act legislation or staff could bring a judicial review against the NHS trust due to the lack of consultation.
The leaked letter emerged as the Department of Health and Social Care announced plans to consult on proposals to make vaccination among care home staff a requirement.
Under plans care home companies would be required to ensure only vaccinated staff were deployed to care for vulnerable staff.
The Chelsea and Westminster Trust chief executive said in a statement released after this story was first published saying: “There is no intention to mandate vaccination of our staff, and no such communication has been sent to our staff.
“We are proud that staff vaccination rates at the trust are among the highest in London, and we are strongly encouraging anyone who hasn’t had the vaccine to come forward to help keep themselves and patients safe.”
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