Recent UK government legislation does not override your right to self declare your vaccine exemption.
ANYBODY, including care home workers can self declare an exemption - and it is up to the care home manager to decide it they will accept it.
Care homes and care home workers are just the first targets for this government coercion programme. We are all under threat from vaccine passports, otherwise known as mandatory vaccination. This understanding of the law will help us all declare our legal exemptions in any 'mandatory vax' situation the government tries to impose on us.
As this is a substantial video, I have made summary bullet points and provided links to the documentation it highlights.
The Government has mandated vaccination for any person entering a care home unless they are exempt. However, anyone can exempt themselves if they don’t want to be vaccinated.
The Right to Decline Treatment is a human right of bodily autonomy which no person including the government can trespass on without there being exceptional circumstances relating to a lack of mental capacity. Declining vaccination amounts to a clinical reason why a care worker should not be vaccinated.
Anyone can self declare an exemption or get a health professional to declare an exemption.
An exemption need not be listed on the government web site. The list of exemptions is NOT EXHAUSTIVE. You could potentially list ANY exemption that applies to you because it is your body.
A care home manager has absolute discretion as to what evidence satisfies that the care home worker is either vaccinated or should not be vaccinated for clinical reasons.
There is nothing in the legislation to prevent any worker from declaring an exemption verbally and nothing to prevent the care home from accepting that.
The NHS app or a government document is NOT necessary exemption evidence by law.
The Government guidance sent to care homes dated Sept 15 2021 stipulated specific forms and the threat that the workers need to apply for a formal medical exemption through the NHS Covid Pass system. Guidance is NOT LAW. There is no legal foundation for this guidance that workers need to apply for a formal medical exemption. The UK government has no legal authority to insist a worker use a particular form to declare their exemption.
Here are some forms that you may choose to use to declare an exemption.
Anybody who felt harassed, coerced or lost income because they didn’t get vaccinated would have been legally exempt.
If you feel your employer is threatening to sack you for declining vaccination the recommended route is to first try verbal conversations and informal written correspondence outlining your rights. If this doesn't work, you can send a formal letter - for example this one: Formal No Jab No Job letter template from PJH Law The Workers of England Union also has a fact sheet on this process
The regulations the government is using to mandate this care home jab requirement is secondary legislation, not primary legislation. An Act is primary, a regulation is secondary. Section 45E of the Public Health (Control of Disease) Act 1984 expressly overrides the regulation 12(3)(b)(i) requirement to vaccinate. Regulations under section 45B or 45C may not include provision requiring a person to undergo medical treatment. 'Medical treatment' includes vaccination and other prophylactic treatment.
Class Action Covid UK (Creators of this Video) https://cacuk.uk/
The Health and Social Care Act 2008 (Regulated Activities) (Amendment) (Coronavirus) Regulations 2021 https://www.legislation.gov.uk/uksi/2021/891/contents/made
The government sent a letter of ‘Guidance’ to care homes dated 15 Sept 2021 https://www.gov.uk/government/publications/temporary-medical-exemptions-for-covid-19-vaccination-of-people-working-or-deployed-in-care-homes/temporary-medical-exemptions-for-covid-19-vaccination-of-people-working-or-deployed-in-care-homes
Government 'interpretation' of the legislation which is interpretation only, and not the law. It constitutes mostly an obfuscation of your legal rights. https://www.gov.uk/government/publications/vaccination-of-people-working-or-deployed-in-care-homes-operational-guidance/coronavirus-covid-19-vaccination-of-people-working-or-deployed-in-care-homes-operational-guidance#groups-that-can-get-a-medical-exemption
Open Letter from the Legal Advice Network to the Government, CQC and Care England https://covid-unmasked.net/wp-content/uploads/2021/08/Open-Letter-Care-Workers-26-July-2021.pdf
PJH Law Letter to an employer trying to dismiss you for declining a vaccine https://pjhlaw.co.uk/no-jab-no-job-employment-tribunal-claims/
Formal letter produced by Class Action Covid UK protecting yourself from forced vaccination https://cacuk.uk/you-cant-force-or-coerce-me-template-letter/
Exemption forms produced by Professionals for Medical Informed Consent and Non-Discrimination (PROMIC) https://www.promic.info/exemption-forms