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Requiring guests to be vaccinated as a condition of booking. Legal or not?

1/6/2021

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Guidance from Welsh Government: ​Businesses are able to set their terms and conditions for entry as long as they comply with equalities legislation. Businesses need to be careful that they aren't indirectly discriminating against certain groups of people - e.g. younger people who have not been vaccinated yet, pregnant women who decide not to be vaccinated. There are also groups of people who cannot be vaccinated for medical reasons. Certain groups of people have “protected characteristics” under equalities legislation e.g. age, gender, ethnicity, disability, belief, sexuality and discrimination against these groups is illegal. Although there is an exemption for indirect discrimination under equalities law where action is for “a proportionate and legitimate aim”. Businesses who want to restrict access on ground of vaccination would need to demonstrate that their action is proportionate and legitimate. They would need to carry out risk assessments that clearly show why it is necessary for them to treat vaccinated people differently and why other Covid secure measures are not sufficient. These risk assessments would need to be regularly reviewed. There is no legal requirement for businesses to check vaccination status.

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