On 5th November 2020 the Policy Paper relating to the Extension of the Coronavirus Job Retention Scheme was published.
Latest Guidance (health)
A reminder of the definitions:-
Clinically extremely vulnerable
You may be at high risk from coronavirus if you:
- have had an organ transplant
- are having chemotherapy or antibody treatment for cancer, including immunotherapy
- are having an intense course of radiotherapy (radical radiotherapy) for lung cancer
- are having targeted cancer treatments that can affect the immune system (such as protein kinase inhibitors or PARP inhibitors)
- have blood or bone marrow cancer (such as leukaemia, lymphoma or myeloma)
- have had a bone marrow or stem cell transplant in the past 6 months, or are still taking immunosuppressant medicine
- have been told by a doctor you have a severe lung condition (such as cystic fibrosis, severe asthma or severe COPD)
- have a condition that means they have a very high risk of getting infections (such as SCID or sickle cell)
- are taking medicine that makes them much more likely to get infections (such as high doses of steroids or immunosuppressant medicine)
- have a serious heart condition and are pregnant
- are an adult with Down’s syndrome
- are an adult who is having dialysis or has severe (stage 5) long-term kidney disease
- have been classed as clinically extremely vulnerable, based on clinical judgement and an assessment of your needs.
Clinically vulnerable
People at moderate risk from coronavirus include people who:
- are 70 or older
- have a lung condition that’s not severe (such as asthma, COPD, emphysema or bronchitis)
- have heart disease (such as heart failure)
- have diabetes
- have chronic kidney disease
- have liver disease (such as hepatitis)
- have a condition affecting the brain or nerves (such as Parkinson’s disease, motor neurone disease, multiple sclerosis or cerebral palsy)
- have a condition that means they have a high risk of getting infections
- are taking medicine that can affect the immune system (such as low doses of steroids)
- are very obese (a BMI of 40 or above)
- are pregnant.
Schools
We have drafted an Employee Acknowledgement Form that can be used in a situation where an employee who is clinically extremely vulnerable still wants to come to work.
As we explained in our webinar this morning, it is not possible to exclude liability that may arise from allowing an employee to come to work against Government advice.
The risk assessment is key.
Public Health England
We contact Public Health England today and took their advice on the following scenario:
A clinically extremely vulnerable employee has received a shielding letter but wishes to still attend the workplace in an education setting.
Their response was it is down to the Employer and Employee to decide. They advised to look at it from a vulnerability point of view and carry out a risk assessment. The important point from our conversation is they said there is no legal requirement for those staff members to stop working on site. If a CEV staff member who has been told to shield but chooses not to follow this advice, they can take a risk and not follow this advice.
They would not give their opinion on Employer liability.
Health and Safety support
If you need help with risk assessments and health and safety, we highly recommend you speak to Jeanne Fairbrother or her colleague Neil Thomas from Jeanne Fairbrother Associates who specialise in providing health and safety support to Schools.
Jeanne: 07834 189236
Neil: 07592 413532
