It goes without saying that an employer cannot vaccinate its
unwilling employees, but can an employer dismiss or otherwise
discipline an employee that refuses vaccination?
The short answer is: perhaps, in limited circumstances, and with
significant risk.
The Government's position
In the absence of definitive legislation or case law on this
point, employers may find the Government's position
instructive.
Currently, vaccines are only available in Bermuda via the
Government's coronavirus immunisation program. The Government
has made it clear that participation in this program is entirely
voluntary, stating on its COVID-19 vaccine webpage: 'While not
mandatory, the Ministry of Health strongly urges all individuals to
get the coronavirus vaccination', and 'The COVID-19
vaccination is not mandatory and will be given only to those who
request it'.
