Following the revocation of two sets of regulations that made full vaccination against Covid-19 a condition of employment in an NHS or care home setting, the House of Lords Secondary Legislation Scrutiny Committee has raised its concerns in its 33rd report of Session 2021-2022.

The Department of Health and Social Care (DHSC) stated in the Explanatory Memorandum (EM) accompanying the regulations that, as the risks of the Omicron variant are now known and not as serious as anticipated, the mandatory vaccination requirement is no longer proportionate.

Although the committee commended the substantial factual information and scientific evidence DHSC had provided to support the decision, it expressed surprise and disappointment that the EM fails to address the estimated number of care home staff who were dismissed when the first set of regulations took effect in November 2021 or of staff in an NHS setting who were dismissed or left in anticipation of the second set, which was due to come into effect on 1 April 2022.

The report also doesn’t mention whether such staff should be reinstated, to which the DHSC responded that the matter of rehiring staff was an issue to be addressed by each employer. In addition, the committee questioned DHSC’s future policy on the vaccination of health and care sector staff. 

“While we commend the DHSC on this occasion for providing more detailed justification for the revocation of these regulations than was presented when they were originally imposed, there are issues that still give cause for concern,” said member of the Secondary Legislation Scrutiny Committee Baroness Bakewell of Hardington Mandeville.

“The hints in the Explanatory Memorandum that certain vaccinations may become a requirement for the recruitment of NHS staff in the future needs proper evaluation in light of the pandemic experience.

“It is disappointing to note that despite considerable staffing difficulties caused to care homes and distress to dedicated care home staff who were dismissed as a result of the compulsory vaccination requirements, the Department is silent on whether they can or should be reinstated. This change still leaves a lot of loose ends that must be addressed.”