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Where possible, employers should continue to allow employees who have been shielding to work from home. “Those who have been shielding may return to work from 1 August 2020 as long as the workplace is ‘Covid secure’, and it will be for employers to demonstrate that this is the case,” he said. From 1 August 2020, those shielding will be able to return to work. The priority in returning will be the risk assessment process as this is key to identifying Covid-19 risks and identifying measures needed to reduce or remove those risks. "Lexology/Newsstand is an extremely useful resource. As a result of Covid-19 infection rates significantly decreasing it means that from 1 August shielding will be paused and those who have been shielding can return to the workplace but only if the workplace … If you are on the shielding list, you should follow the same advice as everyone else in your protection level. This remains the case and so they will remain vulnerable to the virus and should continue to take precautions and be extra vigilant than those who are not. There's also emerging evidence that people from certain BAME backgrounds are up to 50% more likely to die if they contract the disease than white British nationals. However, as government guidance makes clear, working from home remains the first option and those shielding (an estimated 2 million people) should only return to their workplace if they cannot work from home and their workplace is COVID-19 secure.. Risk assessments for those shielding and returning to work … In the event of an employee refusing to return to work, or in the event as an employer you are unable to make the appropriate adaptations to make the workplace covid safe, then you may be eligible for the Government’s coronavirus job retention scheme enabling you to furlough them until you can make the workplace covid safe. This blog answers some of the most common questions we're asked about this. Can a shielded employee continue to work from home? Returning to the workplace after shielding Employees and workers who are no longer shielding may be able to return to the workplace if it's safe. Refusing to come to work when they hold a reasonable belief that by returning poses a serious an imminent threat to their health, could give rise to a successful claim for automatic unfair dismissal connected to health and safety. Can we furlough anyone who is shielding? Those who have been shielding are classed as extremely vulnerable due to having very serious health conditions. Health Education England (HEE) have also recently released guidance for shielding trainees, who will benefit from the Supported Return to Training scheme (SuppoRTT). Tel: 0844 324 5840, Business HR Solutions (Consultancy) Ltd Your employer should help you to transition back to work safely and must take all reasonable measures to minimise exposure to coronavirus by ensuring a 2 metre distance is … Do we need to conduct an individual risk assessment for shielding staff? The press release published by the government on 22 June says this: "We recognise that individuals unable to work from home may feel uncertain about returning to work. But you can't furlough someone if they are receiving SSP so, you'll need to stop SSP before you furlough them. Tel: 0844 324 5840, Business HR Solutions (Consultancy) Ltd From 1 st August shielding … Understand your clients’ strategies and the most pressing issues they are facing. Business HR Solutions (Consultancy) Ltd Anyone who is currently shielding is likely to be disabled within the meaning of the Equality Act 2010. Get the latest news from HR Solutions delivered to your inbox, Business HR Solutions (Consultancy) Ltd Those who were previously told to follow shielding advice can now return to work as long as the workplace is Covid-secure, but should carry on working from home wherever possible. However, many people will prefer to stay at home and prioritise the health of their loved ones rather than return to work … Yes and they should continue to do so, even after the 'rules' around shielding are relaxed. Questions? Shielding will continue until at least July 31 in Scotland and August 16 in … ", © Copyright 2006 - 2020 Law Business Research. The thought of returning to work after shielding is likely to affect each of us in different ways. 3. The government is advising everyone to work from home if possible, but if you cannot work from home, you should go to work – this includes people who were previously shielding. Receiving it certainly makes my life a lot easier. Updated guidance for young people to reflect that those who are shielding can now leave their homes. If your shielded employee can't work from home and it isn't safe for them to return to work, furlough is a good option. There are over 2 million people shielding, and whilst we do not know exactly how many are in employment, as things stand, we will see thousands of people return to work in August. If you would like to learn how Lexology can drive your content marketing strategy forward, please email enquiries@lexology.com. Staff retuning to work after shielding may have specific needs and concerns about their return to the workplace. Currently yes, but from 1 August, those shielding will no longer be deemed incapable of work on that basis for SSP purposes. We should bear in mind that the Government still encourages working from home; and so, for those shielding, this is going to be the best option for returning. This must happen before a return to work can occur. 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shielding return to work