"No involvement and no view" on F&F's 'no jab, no job' article

Friday 19 February 2021

The Chief Minister has said his focus is "entirely on our response to the current outbreak", following an article by the law firm that bears his name on the legality of employers enforcing a 'no jab, no job' policy.

The article, penned by Ferbrache & Farrell Associate, Advocate Sarah Millar, analyses whether employers can require employees to have a vaccine when offered to them and how such a policy could be implemented.

It considers some of the instances where employees might decline a vaccine, while recommending that businesses seek legal advice from the firm in this "untested area" to avoid exposing employers to unfair dismissal claims.

"It is clear that some people, for medical, religious or other reasons, might be opposed to getting the vaccine," Advocate Millar writes. "The States of Guernsey has given no indication it would seek to force people to have the vaccine. This gives rise to a question for employers: can they have a policy that all employees must have the vaccine when offered to them? 

"Broadly speaking, it is possible for an employer to make that requirement. An employer has a duty of care to its employees, which includes managing any risk of infection in the workplace.

Pictured: F&F's website states that "notwithstanding his election as Chief Minister of Guernsey, Peter [Ferbrache] has agreed to remain as a consultant and trusted adviser to the firm in order to assist the Partners with the business and affairs of the practice."

"We have seen this in action during the lockdowns, when many employers put policies in place saying that their employees must work from home, and limiting the amount of workers allowed in the workplace at any one time. This can extend to ensuring that its employees are vaccinated in order to protect others."

Whether vaccines will prevent people from carrying the virus and transmitting to others is still a nascent area of medical research.

Guernsey's Chief Minister Peter Ferbrache was announced as a Consultant at Ferbrache & Farrell when the law firm opened its doors in November 2016. Since his election to the top job in Guernsey politics last year, he faced calls to step away from the firm and initially indicated he would while seeking election to Policy & Resources. 

He ultimately decided against doing so, and is currently listed as a "trusted adviser to the firm in order to assist the Partners with the business and affairs of the practice."

Express asked Deputy Ferbrache whether he was aware of this article prior to its publication, whether he has any involvement in the editorial decisions made by the law firm and his views on a ’no jab, no job’ policy when the vaccine itself is not mandatory.

"Many people are writing about how this unprecedented time will shape many aspects of life going forward as they are perfectly entitled to do," he replied.

"The comment piece by Advocate Sarah Millar is not one I had any involvement in and I have no particular view on it.

"My focus right now is entirely on our response to the current outbreak, moving us safely through this lockdown and preparing for our post-pandemic recovery as community."

Pictured: Advocate Millar's editorial, titled 'Vaccination and the workplace - no jab, no job?', can be read in full HERE.

As Guernsey's Chief Minister, Deputy Ferbrache also holds the role of Chairman of the Civil Contingencies Authority, the emergency decision-making body that manages the Bailiwick's response to the pandemic.

It comprises of Deputy Ferbrache, HSC President Al Brouard, Home Affairs President Rob Prow, Environment & Infrastructure President Lindsay de Sausmarez, Sark's Policy and Finance Chairman John Guille and Alderney's Policy and Finance Chairman Bill Abel.

Briefing regulars Dr Nicola Brink, Deputy Heidi Soulsby and Paul Whitfield are not formal members of the political body, however all three serve the CCA as advisers.