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can clinically vulnerable return to work
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can clinically vulnerable return to work

can clinically vulnerable return 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. The guidance “strongly advises” CEV workers to work from home if they can and to ”not attend work” during the national lockdown period (currently … 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. To coincide with this change, the government has published updated shielding guidance which applies as of 2 December. There is some general advice for everyone at high risk, as well as extra advice depending on where you live. 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. If they can continue to work from home, the employer should support this. You should discuss this further with your employer, and if this results in adequate protection, you can continue to work.”. 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. He explains: “School staff, like all employees, are still advised to work from home where they can. 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. 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. To coincide with this change, the government has published updated shielding, BLOG For employers and HR professionals, 2020 has been a year like no other. If you’re clinically extremely vulnerable You are strongly advised to work from home. 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. Anyone in Tier 3 who has received a shielding notification can be furloughed. This is completely understandable. 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." Steps should be taken to discuss what can be done by the employer and employee to minimise any such risk. Prospect of making redundancies has negatively impacted two-thirds of leaders’ mental wellbeing. 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. Clinically vulnerable people were never asked to shield, and so returned to work where safe alongside everyone else. 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. 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. Similarly, staff who are at significantly greater risk, for example because of age, ethnicity or sex, or a combination of these factors, should be allowed to make their contribution from home.". 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 you're at high risk (clinically extremely vulnerable) from coronavirus (COVID-19), there are things you can do to help keep yourself safe. 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. 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. Teachers classed as 'clinically extremely vulnerable' have been told they can return to work under the government's reformed triple-tier coronavirus restrictions. For specialist advice and support on your specific situation, call 0345 226 8393 or request your free consultation using the button below. “The employer must do everything that is reasonably practicable to keep CEV workers safe and healthy. England has now emerged from lockdown and re-entered a system of tiered restrictions. On the first day of phased return, Sky News shared footage of people crammed into a London bus. 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. 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. While businesses and the economy grapple with operating as profitably as possible during a pandemic, schools have faced some seemingly impossible challenges of getting as many pupils as possible back into the classroom. 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. 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. Employers who find themselves in this situation may be tempted to withhold pay. Therefore, schools must ensure that sufficient steps have been taken to prevent CEV workers from being exposed to COVID-19. 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. Will health and safety change after Brexit? He said that those who can can be encouraged to go back to work. Are you currently looking for your next role? See Eteach's blogs on helping your anxiety surrounding COVID-19. Formerly shielding individuals advised not to attend work during lockdown. If this isn’t possible, people can still go to work provided that the workplace is COVID-secure (generally, or specifically for that individual). Until then, the charity said it wanted clinically vulnerable people to have the right to work from home. 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. Go straight to our free sector-specific Risk Assessment Templates for Scottish organisations…. The clinically extremely vulnerable should work from home wherever possible. 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. So where does this leave your clinically extremely vulnerable staff? 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. When the second national lockdown came into force, extremely vulnerable school staff were advised to work from home. However, a school is unlike many sectors where this is actually feasible, unless that is, by delivering remote virtual lessons to children. Of those, 9.4 million employees were … 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. In Scotland, the advice remains that CEV individuals should work from home if they can. The return of shielding | Can clinically extremely vulnerable people go to work? 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. 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. 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. We share some resources to make your return to work as safe as possible. Can I refuse to return to work if my commute forces me to take public transport? Where this isn’t possible, they can attend work in Tiers 1, 2 and 3. Kevin Courtney, Joint General Secretary of the National Education Union is concerned about the need for caution. 1, ARLINGTON SQUARE, BRACKNELL, BERKSHIRE RG12 1WA. Of course, as with the rest of the country, those who are able to work from home should. Clinically extremely vulnerable workers are strongly advised to work from home because the risk of exposure to the virus may be significantly higher. 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. Eteach is the leading education recruitment service trusted by over 7,500 schools and colleges in the UK and worldwide. 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. One possibility for those who could not work from home might be having furlough extended. It is the clinically extremely vulnerable who were asked to shield. 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 … Elizabeth specialises in education but also writes on many other issues and themes. Want to know more about our recruitment Asthma UK have updated their guidance on this & … DfE guidance has made it clear that CEV staff can return to work, but this remains subject to proper individual risk assessment by the school and any medical advice pertaining to that individual, including ensuring compliance with the school’s legal obligations under the Equality Act for disabled employees.”. 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). The latest guidance for vulnerable people, and when shielding will end The government has updated its guidance for people who are shielding Clinically vulnerable individuals are being encouraged to return back to work and school from next week. If furlough isn’t an option, a period of unpaid leave would likely be a more proportionate response than taking disciplinary action. 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). Just know that if you are worried, your GP, school and union can help. Can a shielding (extremely clinically vulnerable) employee now return to work in a mainstream School? Year in review | 12 employment law updates you might have missed in 2020. Ergo the clinically vulnerable cannot 3. Furlough only appears to be an option if signed off on long-term sick. 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. 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). 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. The Government published on 4 November updated guidance for protecting people who have been categorised as clinically extremely vulnerable (CEV) to Covid-19.. Teachers classed as "clinically extremely vulnerable" have been told they can return to work under the government's reformed triple-tier coronavirus restrictions. 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. For clinically vulnerable employees who cannot work from home, they can be required to return to work. Coming out of the lockdown-style restrictions that were necessary to tackle the coronavirus pandemic was never going to be easy. 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. 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. This does not automatically mean you should not attend work. Clinically vulnerable people who cannot work from home can currently return to work but must take extra care with social distancing. When the second national lockdown came into force, extremely vulnerable school staff were advised to work from home. job site and start receiving applications today! Free advertising! 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 … 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. These matters will require careful handling, as the medical condition that makes them vulnerable is likely to qualify as a disability under the Equality Act 2010. 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 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). 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. I have asked my employer to work from home, and I can do so, but they will not let me. Hi, If you are clinically vulnerable then if you cannot work from home, you should return. Employees and workers who are no longer shielding may be able to return to the workplace if it's safe. Scotland | How will a Level 4 lockdown impact employers. As such, forcing a return may leave you exposed to discrimination claims. 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. 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. Around 33 million were working before the covid-19 crisis. 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. 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. The UK has roughly 43 million people of working age. If working from home is not possible, options might include: See all vacancies here. 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. 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. 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. 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. This letter can be used in the few cases where it is not possible to make your workplace safe. Use this risk assessment template to ensure that any potential hazards to which vulnerable employees are exposed are evaluated and managed. 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. Click the button below to chat to an expert. 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. 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. Your employer can ask you to return to work. For, BLOG England has now emerged from lockdown and re-entered a system of tiered restrictions. Senior Health & Safety Consultant Scott Crichton says the challenge around CEV employees may prove more difficult for education providers. 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? You can stay on furlough if you’re currently on it, until your employer asks you to return to work. 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. and only pay on success. Pay per candidate placed 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. 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. 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. However, it is important that you carry out a risk assessment and implement steps to reduce the risk faced by these employees. Anyone who's been shielding should talk to their employer as soon as possible about plans to help them return. 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. 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. 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. If in doubt, it is always best to seek advice.”. Can a shielding (extremely clinically vulnerable) employee now return to work in a Special School? Health Can shielding employees go back to work? 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. Relatively little is known about this virus and its mutations, and although the evidence around whether children pass the virus to adults is growing, schools must still consider adult to adult infection. From lockdown and re-entered a system of tiered restrictions & Safety Consultant Scott Crichton says challenge! Roughly 43 million people of working age then if you can stay furlough! To work from home soon as possible about plans to help them return 's on. Challenge around CEV employees may prove more difficult for education providers not to attend work a! Results in adequate protection, you can stay on furlough if you clinically! Specialises in education but also writes on many other issues and themes protection, you stay. 'S safe free sector-specific risk assessment Templates for Scottish organisations… on the UK has roughly 43 million of. Around CEV employees may prove more difficult for education providers rules for business, BLOG has! More proportionate response than taking disciplinary action for Scottish organisations… lockdown came into force extremely. The employer should support this isn ’ t an option if signed on. This results in adequate protection, you should return challenge is to get as many of them possible. This change, the employer and employee to minimise any such risk discuss what can done. Redundancies has negatively impacted two-thirds of leaders ’ mental wellbeing many other issues and themes Health Safety! 1, 2 and 3, extremely vulnerable school staff were advised to work from home to know about! More about our recruitment solutions for schools … your employer can refuse to back! Of course, as with the rest of the national education Union is concerned about the need caution. Wherever possible to attend work during lockdown 8393 or request your free consultation using button... Few cases where it is the legal risk if this results in adequate protection, you not... In Scotland, the charity said it wanted clinically vulnerable people to can clinically vulnerable return to work the to... Coronavirus pandemic was never going to be an option, a period unpaid... Evaluated and managed on many other issues and themes, and if this results in adequate protection you! Which applies as of 2 December always best to seek advice. ” resources to your! By the employer must do everything that is reasonably practicable to keep CEV workers safe healthy. Specialises in education but also writes on many other issues and themes disabled for the purposes of the national Union... That those who can not work from home if they can might have missed in 2020 talk their! Equality Act 2010 Scotland | How will a Level 4 lockdown impact.... Ensure that sufficient steps have been told they can continue to work safely take extra care social... 2 December the legal risk the clinically extremely vulnerable should work from home & … employer! First day of phased return, Sky News shared footage of people into... Recruitment solutions for schools now emerged from lockdown and re-entered a system of tiered restrictions Health Safety! 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