Government says that people who are shielding as a result of COVID-19 will not be entitled to SSP on that basis from 1 August 2020

New advisory guidance says that shielding programme will be 'paused' on 31 July, and that people who are shielding can return to work where business is ‘COVID-safe'

The government has said that people will not be entitled to statutory sick pay (SSP) on the basis of shielding as a result of COVID-19 from 1 August 2020.

In an update to guidance on Gov.UK for people who are shielding - those identified as in a clinically extremely vulnerable group during the coronavirus outbreak - the government sets out the steps it is taking to relax its advice on limiting social interaction from 6 July 2020, and in addition says that - 

‘From 1 August the government will be advising that shielding will be paused. From this date, the government is advising you to adopt strict social distancing rather than full shielding measures. Strict social distancing means you may wish to go out to more places and see more people but you should take particular care to minimise contact with others outside your household or support bubble.’

The guidance highlights that, in practice, this means there will be a number of changes for people who are in the shielding group but that they should remain cautious and 'stay at home where possible' to avoid risks of severe illness. However, the guidance also advises that for those currently off work -

‘… you can go to work, if you cannot work from home, as long as the business is COVID-safe.’

As a result, the guidance says that, until 6 July, existing advice remains unchanged, including in relation to the availability of statutory sick pay in cases where someone is shielding and is unable to work or be furloughed under the Coronavirus Job Retention Scheme. However, in separate clinical guidance on the new shielding advice, the government indicates that SSP will no longer be available to people on the basis of shielding from 1 August, saying only that -

'Those shielding will be eligible for SSP on the basis of their shielding status until the 31 July.'

Announcing the plans to ease its guidance for the more than 2 million people that are shielding, the government acknowledged the concerns of people who are unable to work from home once the new shielding advice comes into operation, but called on employers to play their part, saying that -

'Mindful of this, the government is asking employers to ease the transition for their clinically extremely vulnerable employees, ensuring that robust measures are put in place for those currently shielding to return to work when they are able to do so.

For anyone concerned about returning to work once the guidance has eased, we recommend they speak with their employer to understand their specific policies in relation to COVID-19. We advise they discuss their situation, agree a plan for returning to work and adjustments that may be needed before they return.'

For more information, see Guidance on shielding and protecting people who are clinically extremely vulnerable from COVID-19 from gov.uk