Covid -19 – June 2020
28th June 2020
Clinically extremely vulnerable category (shielding) – Update
On 22nd June the government set out a series of steps for further relaxing shielding guidance which will come into effect on 6th July and 1st August. Therefore, this guidance relates to the clinically extremely vulnerable category (shielding) and their family, friends and carers.
People who are shielding remain vulnerable and should continue to take precautions but may now choose to leave their home, as long as they are able to maintain strict social distancing.
Changes coming into effect as of 6th July 2020
The school should make every effort to enable these employees to work from home.
If the school are unable to provide work that the employee can do working from home, alternative options should be discussed.
It may be appropriate for the employee to take up an alternative role or adjust their working patterns temporarily.
Consider offering different types of leave if you cannot find any alternative and the employee does not wish to return – however this is at your discretion.
Changes coming into effect as of 1st August 2020
From 1 August the government has advised that shielding will be paused. From this date, the government has advised that strict social distancing is adopted rather than full shielding measures. Strict social distancing means that these individuals can, if they wish, go out to more places and see more people but should take particular care to minimise contact with others outside their household or support bubble. In practice this means:
That from the 1st August 2020, the employee can go to work, if they cannot work from home, as long as the school is COVID-safe. The link below provides an overview of practical measures you can take to be COVID-safe:
https://www.hse.gov.uk/coronavirus/working-safely/covid-secure.htm
A cautious approach is required as the employee is still at risk of severe illness if they catch coronavirus. So the advice is to stay at home where possible and, if they do go out, follow strict social distancing.
The guidance for the clinically extremely vulnerable group remains advisory. More detailed advice will be updated in this guidance as the changes in advice come into effect on 6 July and 1 August.
Do we need to send an updated furlough letter to employees if nothing is changing for them on 1st July 2020?
HM Treasury has just issued a further Treasury Direction on the Coronavirus Job Retention Scheme (CJRS), clarifying the rules that will apply to the flexible furlough scheme from 1 July 2020 until 31 October 2020.
Employers and employees must agree to the flexible furlough arrangements and any agreement made or confirmed in writing needs to be retained by the employer until at least 30 June 2025. There doesn’t need to be confirmation of agreement from the employee in writing (although that is advisable as evidence of an agreement having been reached) at the very least however, the agreement needs to be set out in a letter or email i.e. “we are writing to confirm our agreement that you agreed…”.
If you need support with an updated letter then please contact your HR Consultant to discuss the specific details of the case.
Can you request full-year employees to take holiday during their furlough period?
The government, on 13th May 2020, clarified issues relating to furlough and holiday pay.
The new guidance confirmed that workers placed on furlough continue to accrue statutory holiday entitlements and any additional holiday provided for under their employment contract.
The government guidelines state employers can require staff to take annual leave while they are furloughed, subject to usual statutory notice periods. However, the guidance advised employers to “engage with their workforce and explain reasons for wanting them to take leave before requiring them to do so.”
ACAS advice is to:
talk about any plans to use or cancel holiday during coronavirus as soon as possible
discuss why holiday might need to be taken or cancelled
listen to any concerns, either from staff or the employer
welcome and suggest ideas for other options
consider everyone’s physical and mental wellbeing
be aware that it’s a difficult time for both employers and staff
The government has passed new emergency legislation allowing workers to carry forward for two years any holiday they were unable to take this year due to the coronavirus crisis. However, in most situations, employees and workers should use their paid holiday (‘statutory annual leave’) in their current leave year. This is important because taking holiday helps people get enough rest and keep healthy, both physically and mentally.
What can you do if an employee has booked holidays abroad during the summer break, they have confirmation their holiday is going ahead and decide to go? What happens when they return?
The Foreign & Commonwealth Office currently advises British nationals against all but essential international travel. This advice is being kept under constant review. Passengers arriving in the UK will be required to quarantine for 14 days and could be contacted regularly throughout this period to ensure compliance.
At present, we are advising schools to ask all staff if they have any holidays booked which would lead to them returning to UK after 17th/18th August. Any staff returning after this date would be unable to work on-site by 1st September due to the current self-quarantine requirements. Obviously, a lot may change before this date but the first step is to find out what staff have booked, if anything, when they would be returning and when the holiday was booked.
Other matters…
Keeping Children Safe in Education
This week the government published the update Keeping Children Safe in Education for September 2020. The consultation for this update was suspended in March with the onset of coronavirus.
The most important change is the definition of safeguarding however the other areas to highlight is the section about managing allegations against supply teachers, and also the explicit inclusion of mental health.
You will need to ensure that your safeguarding and child protection policy, and other related policies, are updated. In some cases, you will need to create new procedures, for example, what to do if there are allegations about supply teachers. We will be looking at this and advising you further in the coming weeks.
The KCSiE update comes into force in September 2020, so the current version remains in use until then.
As ever, if you need any HR advice or support with these or any other matter, please contact your HR Consultant by email or call 0161 850 4343.