What Do the New Lockdown Restrictions Mean for Workers?
On 31 October, the Government announced a further national lockdown. Below we consider the changes in relation to who can attend the workplace and the particular implications for clinically extremely vulnerable staff.
Attending Work Premises
The guidance issued on 31 October states that if you are able to work 'effectively' from home, you must do so. There is little guidance at the moment as to what 'effectively' means. The guidance does contain a non-exhaustive list of people who cannot work effectively from home, including those who work in critical national infrastructure, construction or manufacturing. It also includes public sector employees working in essential services such as childcare or education. If it is necessary to work in other people's homes, for example nannies, cleaners or tradespeople, they are also able to continue going into work.
There is also a long list of places that will be forced to close (except for in very specific circumstances), such as non-essential retail (clothing, homeware, betting shops etc), hospitality venues and accommodation such as hotels and campsites. Many of those do not lend themselves to homeworking.
What Does This Mean for Schools, Colleges and Universities?
Schools, colleges and universities will remain open. However, there are some restrictions that will be in place. For example, those living at the university are not allowed to move back and forward between their student homes and permanent homes during term time. Extra-curricular activities, such as clubs, also cannot take place unless part of a childcare function for working parents.
What About Vulnerable People?
The guidance now states that if you are over 60 or clinically vulnerable (which includes pregnant staff and those with some underlying health conditions), you should be 'especially careful' to follow the rules and minimise contact. Where such staff cannot work effectively from home they can go to work. Employers should review risk assessments already in place and ensure that they cover this extended group and that all risks have been identified and appropriately managed.
What About Clinically Extremely Vulnerable Staff?
Further guidance on protecting those who have been identified as extremely clinically vulnerable was released on 5 November 2020.
This group includes those who have a medical condition which is on a prescribed list, or have received a letter from the NHS or their GP advising them to shield. This will include those who previously received the letter advising them to shield, although we are aware that further letters are now in the process of being issued. If there is any uncertainty individuals should be encouraged to seek medical advice from their clinician.
Individuals who are clinically extremely vulnerable are strongly advised to work from home. The guidance states that if they cannot work from home they should not attend work for this period of restrictions.
What About Household Members?
One of the changes from the earlier national lockdown period is that other people that live with those who are shielding can themselves still attend work, if they cannot work effectively from home. Employers should ensure that rigorous social distancing is in place and that risks are managed.
What If an Individual Is Unable to Work?
Where a worker is unable to work effectively from home, or is extremely clinically vulnerable, then there are a couple of options that may be available:
- The Government has confirmed that staff who are unable to work because they are shielding may be able to be furloughed (subject to other conditions being satisfied).
- Otherwise, those that are extremely clinically vulnerable will be automatically entitled to statutory sick pay.
Next Steps
Employers need to review arrangements that are in place and ensure that all staff are working from home where they can effectively do so. Organisations need to check arrangements for staff that are extremely clinically vulnerable to ensure they are not working on site, and, where it is not possible to work from home, agree one of the other options. Risk assessments should also be reviewed again to ensure that all risks are being appropriately managed for those who need to attend the workplace, particularly those over 60 and in the clinically vulnerable group.