EU Law did not prevent Member States from allowing mandatory vaccination for those workers who may have been exposed to risks, such as coronavirus.  

This case arose from an Estonian court asking the European Court of Justice to give a preliminary ruling relating to the Health and Safety Framework Directive, Biological Agents at Work Directive and the Charter of Fundamental Rights in relation to a measure which mandated vaccination against coronavirus.  The factual background related to several employs within the Tallinn ambulance service being dismissed for failure to provide proof of vaccination.  This was challenged by the employees stating that a law or regulation was required enabling the employer to do so. 

At first instance, the domestic court found in favour of the employees declaring the termination null and void and ordering compensation.  It was the appeal court which asked the European Court of Justice whether it was compatible with EU law to make vaccination compulsory.  

The ECJ stated that employers were obliged to evaluate and prevent all risks to health and safety within the Health and Safety Framework Directive.  Additionally, under the Biological Agents Directive it required employers to law down necessary protective measures with a view to avoiding or reducing the risk of the workers’ health and safety.  It is not able that Coronavirus was a risk group 3 agent under the Directive.   The Biological Agents Directive did require employers to offer effective vaccines but did not mandate them.  The ECJ noted though that the Directives only set out the minimum requirements and that Member States could go beyond that.  Mandatory vaccination did not affect or limit the minimum protection within the Directive.  Additionally, the Charter’s provisions did not apply considering that the question of mandatory vaccination did not fall within the scope of the directives.  As a result, EU law did not prevent national legislation from mandating vaccination for those in particular jobs.  

It may seem a bit late to be considering the issue of mandatory vaccines within the workplace, but it did cause a great deal of angst within wider society when the issue was raised during the pandemic.  This decision of the ECJ provides the EU Law view noting that there was nothing to prevent mandatory vaccination where individuals were being or could be exposed to biological risks.  This can be important for Northern Ireland considering that rights emanating from the EU can still be relied upon because of the Windsor Framework.  

Read the Judgment here.