While many countries continue to grapple with the impact of Covid-19, with some re-imposing strict restrictions after a rise in cases over the winter months, the vaccination programmes taking place in countries across the world offer us hope that the end could be in sight.

Vaccine rollouts have led many organisations to set out business strategies and roadmaps for the year ahead, including timings for workers to return to offices and to resume overseas travel for assignments, projects, and short-term business travel. However, organisations must have employee welfare front of mind and only allow staff to recommence travel once it is safe to do so.

In most cases it is widely considered that Covid-19 vaccinations will greatly enhance safety, and it is now preferable for anyone travelling between countries to be vaccinated, but can employers require an employee to be vaccinated, or prevent an unvaccinated employee from travelling abroad?

Vaccine rollouts – a voluntary programme
There is still a severe shortage of vaccine doses available in some locations and the rollout is typically administered by government authorities, most of whom have established priority lists, so it may be impossible for organisations to force employees to receive Covid-19 vaccinations before travelling for business. Similarly, the Covid-19 vaccination programme is voluntary in most countries so it is unlikely that an organisation could insist on an employee being vaccinated.

Where does the duty of care lie?
First and foremost, an organisation has a duty of care to its staff. If an employee undertakes a business trip to a location where there is a potential risk of catching Covid-19, either through travelling in close proximity to others or if the destination still has high Covid-19 rates, this not only puts them at risk but their family, friends and colleagues upon return.

Although remote working has been widely adopted in response to the pandemic, it would be unfair and impractical for an employee to self-isolate and work from home for a period of up to 14 days after completing only a short business trip.  Therefore, if an employer requested for employees to be vaccinated before undertaking any business travel and they refused or were unable to be vaccinated, an employer can choose to decline the trip.

Medical examinations to shed light on underlying health risks
Organisations currently send potential assignees for medical examinations before travel, and we believe this policy will be widely adopted in response to Covid-19. Health checks are used to flag to the employee and employer of any underlying risks which may be aggravated by the assignment, such as respiratory illnesses or conditions which require regular treatment. This will prevent employees travelling to countries with high air pollution levels, which could be life-threatening, or where treatment may not be readily available.

Therefore, preventing employees who have not been vaccinated from going on assignment in high-risk locations would be consistent with existing policies.

Immigration authorities can have final say
Many countries’ immigration authorities request travellers to undergo testing prior to travel in order to prevent the spread of the virus. As vaccination programmes progress, it’s likely that countries will require travellers to show proof of vaccination to enter the country. An existing example of this can be seen through the countries that require people who come from, or have recently travelled to, locations where Yellow Fever is prevalent to provide proof of vaccination before entry.

It’s also important for HR teams to bear in mind that assignees and business travellers need to act in accordance with the relevant legislation of the host country. As such, if an employee travels, or is assigned, to a location where vaccination against Covid-19 is mandatory for all, the employee will be required to be vaccinated in order to enter.

Remaining pragmatic
As with all matters concerning the spread of Covid-19 and our efforts to manage its impact, the situation remains fluid and pragmatism is required by HR teams when dealing with its impact on an organisation’s international operations and the mobility of staff between entities.

Requiring an employee to be vaccinated in order to travel is unlikely to be legal unless it is a legal requirement in either the employee’s home or host location. However, there are circumstances where an organisation can justifiably be seen to act in the interests of the employee, their colleagues and the organisation overall by preventing overseas travel unless the traveller has received an effective vaccination against the virus.

As always, having a policy and communicating it clearly will be critical for all employees to understand what the company’s stance on the matter will be.