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