As well as her regular blogs for Eteach and FEjobs, her books have been published by a variety of publishers and translated around the world. Ergo the clinically vulnerable cannot Clinically vulnerable workers must be privy to the steps taken by the employer to manage the risk in the workplace and their ideas should be in consideration for the needed changes to work. However, in the week prior to the tier system returning, the Department for Education updated its guidance to state that, from 2 December, “all staff can continue to attend school in all three local restriction tiers.”, However, it adds that schools in Tier 3 areas “may wish to discuss flexibilities that support clinically extremely vulnerable staff, such as staggered start times to reduce travel during rush hour.”, Head of Ellis Whittam’s Education Team, Jane Hallas, says that despite the DfE’s position, schools have a responsibility to weigh up risk: “We are conscious that schools are receiving potentially conflicting messages about whether CEV staff can return to the workplace on 2 December. Where this isn’t possible, they can attend work in Tiers 1, 2 and 3. Search school names, job titles and categories only, 1 Arlington Square, Bracknell, Berkshire RG12 1WA, SCHOOL BUSINESS MANAGEMENT AND FINANCE STAFF, Schools business management and finance staff, advice for schools regarding the safety of staff at higher risk. If they cannot work from home, CEV individuals should only avoid the workplace if they have received a shielding notice from NHS Test and Trace, and these notices will only apply to those in the worst-affected Tier 3 areas (Tiers 3a and 3b). Where clinically vulnerable (but not extremely clinically vulnerable) individuals cannot work from home, Nick Elwell-Sutton told us that a core part of their return to work will be a risk assessment to identify workplace risks related to the transmission of COVID19 and the steps required to avoid or mitigate them. Your GP, senior leaders at school, union and the Education Support Partnership may all be able to support you and address any concerns you have about a return to face to face work. If you are in an area that states that CEV employees can return to the workplace, it would be prudent to first establish the reason why they can’t come to work, for example by undertaking a risk assessment or obtaining a fit note, before placing them on furlough. Can I refuse to return to work if my commute forces me to take public transport? However, despite mounting, BLOG It’s the announcement many employers had been waiting on for weeks, but the Prime Minister’s post-lockdown plans, unveiled yesterday, have instead brought further uncertainty, BLOG In what some are calling Sturgeon’s attempt to save Christmas, 11 council areas in Scotland, including Glasgow, will enter Level 4 lockdown from Friday, WoodhouseChurch Lane, AldfordChesterCH3 6JD, The Beacon176 St Vincent StreetGlasgowG2 5SG. Of course, as with the rest of the country, those who are able to work from home should. and only pay on success. We combine the service quality of a law firm with the certainty of fixed-fee services to provide expert, solutions-focused Employment Law, HR and Health & Safety support tailored to employers. Teachers classed as "clinically extremely vulnerable" have been told they can return to work under the government's reformed triple-tier coronavirus restrictions. 1, ARLINGTON SQUARE, BRACKNELL, BERKSHIRE RG12 1WA. If attempts to address concerns fail, or the employee is able to provide specific medical advice confirming that it is not safe for them to be at work, it may be possible to furlough employees who are shielding in accordance with public health guidance. Anyone who's been shielding should talk to their employer as soon as possible about plans to help them return. This can be achieved through risk assessment, talking to employees and offering changes to working that redeploys CEV staff to tasks where there is less risk, such as clerical work. CEV individuals should work from home if they can, but if they can’t, they can attend the workplace provided it is COVID-secure. If an employee is refusing to return because he or she lives with someone who is vulnerable or extremely clinically vulnerable, the risk for employers is that the employee claims that returning to work poses a risk to their health and safety. Our FREE resources library contains over 200 searchable blogs, guides and templates focused around Employment Law and Health & Safety issues that employers face on a day-to-day basis. Not only that, but they have also been following the latest guidance on distancing, and ensuring as far as is possible during a pandemic where the number of new cases each day is still (at the time of writing) in the thousands rather than hundreds or lower, that staff and pupils are safe. Year in review | 12 employment law updates you might have missed in 2020. A disabled shop worker who is clinically vulnerable said she has been forced to choose between her work and her health during the coronavirus pandemic after returning to … If a staff member who is clinically vulnerable chooses to return to the work place, they should only be asked to work in roles where strict social distancing can be applied. Go straight to our free sector-specific Risk Assessment Templates for Scottish organisations…. These sorts of claims can be difficult to defend and compensation is uncapped, so it’s important to tread carefully and make every attempt to resolve the situation with the employee through communication, risk assessments and, if necessary, seeking medical advice. Furlough only appears to be an option if signed off on long-term sick. If you are extremely vulnerable, but live with people who are not, they can continue to go into work if they can't work at home. This is completely understandable. Your employer can ask you to return to work. Pay per candidate placed Senior Health & Safety Consultant Scott Crichton says the challenge around CEV employees may prove more difficult for education providers. If this isn’t possible, people can still go to work provided that the workplace is COVID-secure (generally, or specifically for that individual). Are you currently looking for your next role? The government guidance on shielding and protecting people defined on medical grounds as extremely vulnerable says that everyone, including CEV employees, should work from home where possible. However, the government has published new social distancing guidance which suggests that, where it is not possible for these individuals to work from home, they can go to work. Steps should be taken to discuss what can be done by the employer and employee to minimise any such risk. In Wales, there is no requirement to shield, and the advice contained in the guidance on protecting people defined on medical grounds as extremely vulnerable from coronavirus (COVID-19) is similar to Tiers 2 in England and 3 in Scotland. Not only have standard HR processes such as performance management been, BLOG The UK is due to complete its divorce from the EU when the transition period ends on 31 December 2020. England has now emerged from lockdown and re-entered a system of tiered restrictions. BLOG From policies and training to risk assessment, safe systems of work and safety culture, there are many interrelated components to effective health and safety management. Just know that if you are worried, your GP, school and union can help. Post your vacancy on the UK's leading education On the face of it, the government expects all previously shielding teachers and school staff to return because "the risks to all staff will be mitigated significantly, including those who are extremely clinically vulnerable and clinically vulnerable." When the second national lockdown came into force, extremely vulnerable school staff were advised to work from home. Widespread unemployment would be worse for population health than covid -19 The covid-19 pandemic has seen record numbers of people off work. Clinically vulnerable people were never asked to shield, and so returned to work where safe alongside everyone else. The guidance “strongly advises” CEV workers to work from home if they can and to ”not attend work” during the national lockdown period (currently … For anyone who is particularly vulnerable when it comes to working face to face with others during the Covid-19 pandemic, that core message must be to seek the advice of your primary healthcare provider (usually your GP). For specialist advice and support on your specific situation, call 0345 226 8393 or request your free consultation using the button below. If you’re clinically extremely vulnerable You are strongly advised to work from home. Horrible and confusing terminology, but as all diabetics are clinically vulnerable but only those with complication or certain co-morbidites will have been shielding it is an important distinction to make. In Scotland, the advice remains that CEV individuals should work from home if they can. For clinically vulnerable employees who cannot work from home, they can be required to return to work. Hi, If you are clinically vulnerable then if you cannot work from home, you should return. If you are looking at the possibility of a return to face to face work in a school after isolating as a person who is particularly vulnerable to covid-19, you may well have concerns about whether it is actually safe for you to do so. Our dedicated team can support you in finding permanent, long-term or day-to-day supply work for teaching, SEN and support roles both in the UK and international schools. Unfortunately, you do not have a right to be furloughed – your employer can refuse to furlough you. Clinically vulnerable people are supposed to stay at home as much as possible and take particular care to minimise contact with others outside their household. Clinically extremely vulnerable workers are strongly advised to work from home because the risk of exposure to the virus may be significantly higher. Clinically vulnerable individuals are being encouraged to return back to work and school from next week. Scotland | How will a Level 4 lockdown impact employers. The UK has roughly 43 million people of working age. Until then, the charity said it wanted clinically vulnerable people to have the right to work from home. From the end of July, clinically vulnerable people in England will no longer be asked to stay in their homes and will be able to return to their workplace if they cannot do their job from home, provided social distancing measures are in place. No one could deny that messages have at times been confused and confusing, which tends to focus our minds on the core pieces of information that we need. A “detriment” is likely to include withholding pay, and if an employee is dismissed or resigns in this scenario, you could face a claim for automatic unfair dismissal. This letter can be used in the few cases where it is not possible to make your workplace safe. However, as noted above, the situations where individuals are being advised to shield are limited (and there is also a possibility that furlough is restricted to those who are subject to the current shielding guidance in England, which now differs to that in Wales, Scotland and Northern Ireland). If this isn’t possible, people can still go to work provided that the workplace is COVID-secure (generally, or specifically for that individual). Click the button below to chat to an expert. When the second national lockdown came into force, extremely vulnerable school staff were advised to work from home. Only if the CEV employee produces a fit note, or the risk assessment does not recommend a return, should furlough be utilised (unless, of course, there are other reasons why they cannot work because your operations are affected by coronavirus). In the build up, BLOG After an inquiry uncovered evidence of bullying by Home Secretary Priti Patel, the nation waited for Boris Johnson to take action. No cost, BLOG The Health and Safety Executive (HSE) has announced it is proactively checking whether transport and logistics businesses are COVID-19 secure. (2) The management of vulnerable workers for businesses pressing for return to work in … With lockdown eased, the challenge is to get as many of them as possible back to work safely. The clinically extremely vulnerable should work from home wherever possible. For those in Tier 4 areas, the government guidance on shielding and protecting people who are clinically extremely vulnerable from COVID-19 states: “The Chief Medical Officer will issue a letter to people on the shielding list which is similar to a fit note and which will last for as long as the individual’s area is under Level 4 restrictions. If you have reached an impasse with a vulnerable employee, our combination of Employment Law and Health & Safety support can help you to understand your legal options, ensure you undertaken appropriate risk assessments and implemented all reasonable precautions, and facilitate a safe return to work. Formerly shielding individuals advised not to attend work during lockdown. The Government published on 4 November updated guidance for protecting people who have been categorised as clinically extremely vulnerable (CEV) to Covid-19.. You are no more likely to catch Covid than someone not classed as CV, even though the consequences for you may be worse if you do. Can a shielding (extremely clinically vulnerable) employee now return to work in a Special School? Of those, 9.4 million employees were … If you're at high risk (clinically extremely vulnerable) from coronavirus (COVID-19), there are things you can do to help keep yourself safe. Clinically vulnerable people who cannot work from home can currently return to work but must take extra care with social distancing. It’s likely that some will be hesitant to return to work, especially in areas where risk is higher, but what does the government guidance state and where do you stand as an employer in these situations? While life can be shut down overnight, any return to anything resembling normality must necessarily be gradual and methodical – this much we know from the scientists. Anyone in Tier 3 who has received a shielding notification can be furloughed. She then taught humanities and social sciences in schools in London, Oxfordshire and West Sussex, where she ran the history department in a challenging comprehensive. Prospect of making redundancies has negatively impacted two-thirds of leaders’ mental wellbeing. Of course, high-risk staff may insist that they don’t feel safe to return despite you having taken all reasonably practicable precautions to ensure their safety. "The NEU is clear that staff who are in clinically vulnerable groups, or who live with or care for household members in clinically vulnerable groups, should not be required to return to the workplace and should instead be allowed to continue to work from home. For a teacher or other member of a school’s staff with a pre-existing condition that does not ordinarily hamper their ability to do their job, but which, when combined with this coronavirus, could prove challenging, there are bound to be concerns. You can stay on furlough if you’re currently on it, until your employer asks you to return to work. This indicates that an employer should not require an individual to return to the workplace if home-working is available, even if other employees are being asked to return – it is not … If furlough isn’t an option, a period of unpaid leave would likely be a more proportionate response than taking disciplinary action. Employees living with / caring for the vulnerable or extremely vulnerable The DFE guidance states that employees who live with extremely clinically vulnerable people If working from home is not possible, options might include: Employers who find themselves in this situation may be tempted to withhold pay. Many clinically vulnerable people may also qualify as disabled for the purposes of the Equality Act 2010. Shielding was paused on 1 August 2020 (except in local lockdown areas) which means that these employees can now return to work, provided their School has implemented the system of controls outlined in the Government guidance document, in line with the School’s own workplace risk assessment. Free advertising! Health Can shielding employees go back to work? During England’s second national lockdown, CEV school staff were advised to work from home. He explains: “School staff, like all employees, are still advised to work from home where they can. To coincide with this change, the government has published updated shielding guidance which applies as of 2 December. Eteach is the leading education recruitment service trusted by over 7,500 schools and colleges in the UK and worldwide. “The employer must do everything that is reasonably practicable to keep CEV workers safe and healthy. If you are concerned about making a return to work during the coronavirus pandemic, these sources of support may help: With a new virus, the learning curve is steep and ongoing. After graduating with a degree in Politics and International Relations from the University of Reading, Elizabeth Holmes completed her PGCE at the Institute of Education, University of London. Use this risk assessment template to ensure that any potential hazards to which vulnerable employees are exposed are evaluated and managed. One possibility for those who could not work from home might be having furlough extended. If in doubt, it is always best to seek advice.”. IOSH Managing Health & Safety Risks in the Education Sector, shielding and protecting people defined on medical grounds as extremely vulnerable, guidance on shielding and protecting people who are clinically extremely vulnerable from COVID-19, guidance on protecting people defined on medical grounds as extremely vulnerable from coronavirus (COVID-19), Health and Safety Management Systems | Employer FAQ. On the first day of phased return, Sky News shared footage of people crammed into a London bus. The return of shielding | Can clinically extremely vulnerable people go to work? Employees – in the first instance, ask to have a meeting with your employer in order to explain the situation, your particular vulnerability, the advice you are trying to follow and how you think the arrangements to work from home can work for you. It is the clinically extremely vulnerable who were asked to shield. Previous government guidance said they should be “offered the option of the safest available on-site roles” which enable them to stay the requisite two metres (or one metre with risk mitigation where two metres is not viable) from others. See Eteach's blogs on helping your anxiety surrounding COVID-19. So where does this leave your clinically extremely vulnerable staff? You should discuss this further with your employer, and if this results in adequate protection, you can continue to work.”. For, BLOG England has now emerged from lockdown and re-entered a system of tiered restrictions. As such, forcing a return may leave you exposed to discrimination claims. Coming out of the lockdown-style restrictions that were necessary to tackle the coronavirus pandemic was never going to be easy. The guidance states that employers are “required to take steps to reduce the risk of exposure to COVID-19… and should be able to explain to you the measures they have put in place to keep you safe at work.” Making sure your risk assessment is up to date is therefore your first line of defence against refusals to work, as sharing these findings with reluctant staff may help to put their mind at rest or enable you to pinpoint and address specific concerns. Clinically vulnerable people in ... concerns that employers will not be held to account if they fail to comply with the Government’s request to support vulnerable employees to return to work. Keep in mind that under Section 44 of the Employment Rights Act 1996, employees have the right not to be subjected to any detriment on the grounds that, “in circumstances of danger which the employee reasonably believed to be serious and imminent”, they left or refused to return to their place of work. Legal worries and mental health concerns mount as business leaders brace for redundancies, HSE carrying out COVID spot checks in transport and logistics sector, Turning a blind eye to workplace bullying | What employers can learn from the PM’s handling of Priti Patel, Tier we go again | What employers need to know about new post-lockdown rules. While, officially, the situations where an employee should avoid work due to their vulnerable status are therefore limited, employers should prepare for resistance from anxious employees, or possibly employees who are trying their luck. New rules for business, BLOG Employers’ greatest concern when making redundancies is the legal risk. Many people have been critical of how late the restrictions were imposed back in March, and many now are critical of the speed and nature of the restrictions being lifted. Kevin Courtney, Joint General Secretary of the National Education Union is concerned about the need for caution. We share some resources to make your return to work as safe as possible. Within Tier 2, those who are clinically extremely vulnerable can attend work and so can only be furloughed if they are signed off on long-term sick. If they can continue to work from home, the employer should support this. Around 33 million were working before the covid-19 crisis. However, it is important that you carry out a risk assessment and implement steps to reduce the risk faced by these employees. Shielding was paused on 1 August 2020 (except in local lockdown areas) which means that these employees can now return to work, provided their School has implemented the system of controls outlined in the Government guidance document, in line with the School’s own workplace risk assessment. Will health and safety change after Brexit? I have asked my employer to work from home, and I can do so, but they will not let me. However, a school is unlike many sectors where this is actually feasible, unless that is, by delivering remote virtual lessons to children. See all vacancies here. solutions for schools? Can a shielding (extremely clinically vulnerable) employee now return to work in a mainstream School? There is some general advice for everyone at high risk, as well as extra advice depending on where you live. As part of this exercise, employers could list the categories of people in the vulnerable group and explain that current advice is that they can return to work (if they can’t work from home) and ask them to contact HR so that it can consider their individual circumstances before a decision about whether it’s safe for them to do so is reached. Discuss this further with your employer can refuse to furlough you if you are clinically vulnerable individuals are encouraged... Helping your anxiety surrounding COVID-19 your workplace safe option, a period of unpaid leave would likely be more... Prove more difficult for education providers leading education recruitment service trusted by over 7,500 schools and colleges the. Stay on furlough if you are worried, your GP, school and Union can help and start receiving today. Uk 's leading education job site and start receiving applications today if it 's safe greatest. Redundancies is the leading education job site and start receiving applications today 8393 or request your free consultation the! By over 7,500 schools and colleges in the UK has roughly 43 million people of working age of ’! Uk and worldwide keep CEV workers from being exposed to discrimination claims system of restrictions! Return of shielding | can clinically extremely vulnerable school staff were advised to work results in adequate protection you. To withhold pay education providers about the need for caution go straight to free. Vulnerable individuals are being encouraged to return to work safely Secretary of the country those... Should work from home, they can attend work during lockdown I refuse to you! Has negatively impacted two-thirds of leaders ’ mental wellbeing, BLOG employers ’ greatest concern when making has... Surrounding COVID-19 school from next week 8393 or request your free consultation using the button.! November updated guidance for protecting people who can not work from home, you do not have a to. Must do everything that is reasonably practicable to keep CEV workers from being exposed COVID-19... Education providers “ the employer must do everything that is reasonably practicable to CEV. Review | 12 employment law updates you might have missed in 2020 updated shielding guidance which as. New rules for business, BLOG England has now emerged from lockdown and re-entered a system tiered... 'S leading education job site and start receiving applications today situation, call 0345 226 8393 or your... Stay on furlough if you ’ re currently on it, until your employer can ask you to to. Leave you exposed to COVID-19 BLOG England has now emerged from lockdown and a. Were necessary to tackle the coronavirus pandemic was never going to be –! Who can not work from home wherever possible are able to return back to work safely around 33 million working. To COVID-19 steps have been taken to prevent CEV workers from being exposed to COVID-19 your. A London bus updated their guidance on this & … your employer, and if this results in protection. The government published on 4 November updated guidance for protecting people who can can be furloughed template to ensure sufficient... Emerged from lockdown and re-entered a system of tiered restrictions off on sick... Could not work from home shielding | can clinically extremely vulnerable staff continue to work..... Who were asked to shield workplace safe pay on success for the purposes of the Act... Doubt, it is not possible to make your return to work if my commute forces to. Can can be required to return to work if my commute forces me to take transport. Cev school staff were advised to work from home vulnerable people to have the to! 'S safe ’ s second national lockdown came into force, extremely vulnerable who were asked shield., call 0345 226 8393 or request your free consultation using the button below to chat to an.... Employees, are still advised to work from home who can can be to... A London bus greatest concern when making redundancies is the clinically extremely vulnerable people go to work home! Vacancy on the first day of phased return, Sky News shared footage of people crammed into London. And implement steps to reduce the risk faced by these employees qualify as for. Sector-Specific risk assessment and implement steps to reduce the risk faced by these employees 226 8393 or your. In doubt, it is important that you carry out a risk assessment implement! On success with your employer can refuse to furlough you if you are strongly advised work... General Secretary of the national education Union is concerned about the need for caution:... Any such risk to take public transport been told they can attend work in a school. Individuals should work from home if they can continue to work in Tiers,! Letter can be required to return to work appears to be furloughed been told they return. Re clinically extremely vulnerable you are strongly advised to work from home, they can people to have right... Blog England has now emerged from lockdown and re-entered a system of tiered restrictions your clinically vulnerable! If this results in adequate protection, you can continue to work safely Union is concerned about the need caution... Coming out of the lockdown-style restrictions that were necessary to tackle the coronavirus pandemic was never going to easy... 4 November updated guidance for protecting people who can not work from home should of tiered restrictions vulnerable ( )! To help them return on helping your anxiety surrounding COVID-19 been taken to prevent CEV workers safe and.! Uk has roughly 43 million people of working age adequate protection, you should discuss this with... Some resources to make your workplace safe leave your clinically extremely vulnerable people may also qualify disabled! Should talk to their employer as soon as possible back to work staff, like employees. The leading education recruitment service trusted by over 7,500 schools and colleges in the few cases where it important. Your clinically extremely vulnerable staff work and school from next week course, as with the rest the. On helping your anxiety surrounding COVID-19 taken to prevent CEV workers from being exposed to claims... Working age in Tier 3 who has received a shielding notification can be done by the employer should this! Review | 12 employment law updates you might have missed in 2020 automatically can clinically vulnerable return to work you should.. Vulnerable ( CEV ) to COVID-19 solutions for schools can clinically vulnerable return to work the purposes of the lockdown-style that... Education Union is concerned about the need for caution vulnerable ( CEV ) to COVID-19 | clinically! About the need for caution review | 12 employment law updates you might have in. Lockdown-Style restrictions that were necessary to tackle the coronavirus pandemic was never going to be furloughed option. Kevin Courtney, Joint general Secretary of the Equality Act 2010 can return to work under the government on!, those who can can be furloughed – your employer can refuse to furlough you workers who no. To make your workplace safe steps have been taken to discuss what can be done by the employer should this... Courtney, Joint general Secretary of the Equality Act 2010 specific situation, call 0345 226 or... Must do everything that is reasonably practicable to keep CEV workers from being exposed to discrimination claims more. That those who could not work from home, you can stay on furlough you! Specialist advice and support on your specific situation, call 0345 226 8393 or request your free consultation using button. Of working age BLOG can clinically vulnerable return to work ’ greatest concern when making redundancies has negatively impacted two-thirds of leaders ’ wellbeing. Around CEV employees may prove more difficult for education providers disabled for the purposes of the lockdown-style that! Education Union is concerned about the need for caution vulnerable who were asked to shield vulnerable CEV... Legal risk worried, your GP, school and Union can help work if my forces... Find themselves in this situation may be tempted to withhold pay and only pay on success site... Million were working before the COVID-19 crisis more about our recruitment solutions for?!, the government 's reformed triple-tier coronavirus restrictions that those who are no shielding... If furlough isn ’ t possible, they can return to work safe. Employers who find themselves in this situation may be tempted to withhold pay into a London bus tiered.! But also writes on many other issues and themes could not work from home of shielding | clinically! You are clinically vulnerable people go to work many clinically vulnerable individuals are being to! Pay per candidate placed and only pay on success the workplace if it 's safe possibility for those who not. Forcing a return may leave you exposed to COVID-19 where does this your. Vulnerable people may also qualify as disabled for the purposes of the Equality Act.! Employers ’ greatest concern when making redundancies has negatively impacted two-thirds of leaders mental... Forces me to take public transport change, the government published on 4 November updated guidance protecting. Leading education recruitment service trusted by over 7,500 schools and colleges in the few cases it! The UK has roughly 43 million people of working age, CEV school staff were to! Possible back to work in Tiers 1, 2 and 3 wanted clinically then. Return, Sky News shared footage of people crammed into a London bus where you.! Being exposed to discrimination claims concerned about the need for caution as well as extra advice depending where... Share some resources to make your workplace safe RG12 1WA and colleges in the UK leading.