can clinically vulnerable return to work

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. New rules for business, BLOG Employers’ greatest concern when making redundancies is the legal risk. Free advertising! (2) The management of vulnerable workers for businesses pressing for return to work in … 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. 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. The UK has roughly 43 million people of working age. Where this isn’t possible, they can attend work in Tiers 1, 2 and 3. 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 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 … 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. If you’re clinically extremely vulnerable You are strongly advised to work from home. 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. 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. 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. Around 33 million were working before the covid-19 crisis. Kevin Courtney, Joint General Secretary of the National Education Union is concerned about the need for caution. The return of shielding | Can clinically extremely vulnerable people go to work? Teachers classed as 'clinically extremely vulnerable' have been told they can return to work under the government's reformed triple-tier coronavirus restrictions. If working from home is not possible, options might include: 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. 1, ARLINGTON SQUARE, BRACKNELL, BERKSHIRE RG12 1WA. He explains: “School staff, like all employees, are still advised to work from home where they can. When the second national lockdown came into force, extremely vulnerable school staff were advised to work from home. 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. 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. 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. 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. I have asked my employer to work from home, and I can do so, but they will not let me. Therefore, schools must ensure that sufficient steps have been taken to prevent CEV workers from being exposed to COVID-19. 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. 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. It is the clinically extremely vulnerable who were asked to shield. Scotland | How will a Level 4 lockdown impact employers. Many clinically vulnerable people may also qualify as disabled for the purposes of the Equality Act 2010. 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. 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. Clinically vulnerable people who cannot work from home can currently return to work but must take extra care with social distancing. 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. 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. Use this risk assessment template to ensure that any potential hazards to which vulnerable employees are exposed are evaluated and managed. 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. Until then, the charity said it wanted clinically vulnerable people to have the right to work from home. However, it is important that you carry out a risk assessment and implement steps to reduce the risk faced by these employees. 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. Senior Health & Safety Consultant Scott Crichton says the challenge around CEV employees may prove more difficult for education providers. Post your vacancy on the UK's leading education Health Can shielding employees go back to work? You can stay on furlough if you’re currently on it, until your employer asks you to return to work. 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. Click the button below to chat to an expert. 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. Furlough only appears to be an option if signed off on long-term sick. “The employer must do everything that is reasonably practicable to keep CEV workers safe and healthy. Year in review | 12 employment law updates you might have missed in 2020. 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. 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. Home where they can attend work that were necessary to tackle the coronavirus pandemic never! From home who 's been shielding should talk to their employer as soon as possible about plans help. Shielding should talk to their employer as soon as possible about plans to help them return risk as! 'S been shielding should talk to their employer as soon as possible about plans help... 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