From a workplace health and safety perspective, therefore, it’s important to remember that CEV people are at very serious risk if they encounter the virus, and that as an employer, you have a duty of care to eliminate or minimise this risk.

The only real way to eliminate the risk of an employee contracting the virus from work is to have them work from home, and employers should make a concerted effort to explore this as a first option. Of course, this may simply not be viable, in which case options include SSP and possibly furlough, though we recommend downloading our Extended Furlough FAQ (available free from our Coronavirus Advice Hub) in relation to the interplay between shielding and furlough leave.

From a health and safety perspective, although (legally speaking) CEV employees can go to work, our advice is to avoid this by any means possible, regardless of their role. If your control measures fail for whatever reason, and that person encounters the virus, the consequences could be severe.

So, can clinically extremely vulnerable people go to work? Technically, yes, as it is government guidance rather than law. However, given the severity and likelihood of them catching the virus, the risk rating is high. As such, unless there are exceptional circumstances, we strongly advise against it.

For now, employers should stay up to date with government guidance, continue to manage risk, and keep their fingers crossed that the vaccine is effective against this new strain and the regime rolls out as projected. With any luck, this may be one less issue for businesses to worry about as we head towards spring.