Identifying those who are shielding is slightly complicated as government advice has changed. Those who received the letter confirming they are in the shielding group, can reasonably refuse to attend the place of work whilst the risk of infection is significant.

The government guidance attaches an Annex B which summarises vulnerable groups. In summary there are the following categories of people.

Vulnerable groups

• Clinically extremely vulnerable: This group are 'shielding' and consist of people with a great risk of severe illness eg those who have had transplants, on chemotherapy or with renal failure. From Monday 6 July, those shielding from coronavirus can gather in groups of up to 6 people outdoors and form a ‘support bubble’ with another household until the end of July when people will no longer be advised to shield
• Clinically vulnerable: People over 70, those with liver disease or diabetes and pregnant women. This group are not shielding but should stay at home as much as possible and minimise contact with others outside household
• Vulnerable: Children at risk of abuse or with SEN, women at risk of domestic violence. This group follow general guidance unless also clinically or extremely vulnerable.

People who are shielding have extra protections

Employees who are shielding are likely to benefit from additional statutory protection (for instance, if they are classified as ‘disabled’ under the Equalities Act 2010) and therefore employers must address this particular issue with specialist HR and/or legal advice.

All employees (not just those who are shielding) who reasonably believe themselves to be in serious and imminent danger are entitled to take appropriate steps to protect themselves. These must be considered as part of your overall, and on-going strategy.

Living with people who may be shielding

The protections referred to above are also likely to protect employees who live with people who are shielding. The Equality Act 2010 protects people from discrimination as a result of their association with a disabled person.

The decisions employers take in this area – both with respect to their overall policy, and in response to individual employee requests or concerns may have legal ramifications on their relationship with their employees. We therefore strongly recommend that you seek legal advice when formulating your policy and responding to requests, to ensure these legal ramifications are considered.

Well-being

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Home working

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