Protecting Clinically Vulnerable Workers: Employer Obligations

Vulnerable workers, including those with specific health conditions or heightened susceptibility to risks, require additional support to ensure they can work safely and effectively.

In the UK, employers must balance their duty of care with compliance under laws like the Equality Act 2010 and Health and Safety at Work Act 1974.

This article will guide you through understanding who vulnerable workers are, your legal obligations, and how to effectively support them with tailored risk assessments and workplace adjustments.

 

Who are clinically vulnerable workers?

 

Clinically vulnerable workers are individuals who face a higher risk of severe illness or complications due to specific health conditions, age or other factors. These individuals are often identified based on medical guidelines, such as those provided by the NHS, which categorise people into two main groups: clinically vulnerable and clinically extremely vulnerable.

 

Clinically Vulnerable Individuals

 

Clinically vulnerable workers are at moderate risk and may include those with:

 

• Chronic health conditions, such as diabetes, asthma, or chronic obstructive pulmonary disease (COPD).
• Heart disease, including coronary artery disease or heart failure.
• Liver or kidney conditions, such as chronic kidney disease or cirrhosis.
• Neurological disorders, like Parkinson’s disease or multiple sclerosis.
• Immunocompromised states, such as individuals undergoing chemotherapy, living with HIV, or taking medications like corticosteroids that suppress the immune system.
• Pregnancy, especially in the later stages or with underlying health concerns.

 

 

Clinically Extremely Vulnerable Individuals

 

These individuals are at the highest risk of serious illness from infections and require even greater care and consideration. They may include:

• Individuals undergoing active cancer treatment, including radiotherapy or chemotherapy.
• Those with severe respiratory conditions, such as cystic fibrosis or severe asthma.
• Organ transplant recipients or individuals taking immunosuppressant drugs.
• People with rare genetic disorders or conditions that impair the immune system.

 

Immunosuppression means a person has a weakened immune system due to a particular health condition, or because they are taking medication or on treatment that is suppressing their immunity. People who are immunosuppressed, or have specific other medical conditions, may have a reduced ability to fight infections. These individuals require enhanced protections, such as those offered by antibody and antiviral treatments, additional vaccinations and potentially other types of non-clinical interventions.

 

Age as a Factor

 

While not a standalone condition, age is often a contributing factor. Workers over 60 or 70 years old may be more vulnerable, especially if they have pre-existing health issues.

 

Employer legal obligations towards clinically vulnerable workers 

 

Employers in the UK have specific legal responsibilities to ensure the health, safety, and welfare of their employees, including those who are considered vulnerable. These obligations are enshrined in key pieces of legislation that set the framework for protecting workers and fostering an equitable workplace.

 

Equality Act 2010

 

Under the Equality Act 2010, employers are required to prevent discrimination against individuals based on protected characteristics such as age, disability, or pregnancy. For vulnerable workers, this often involves making reasonable adjustments to the workplace or job role. Examples include:

 

• Modifying workstations or equipment.
• Adjusting working hours.
• Providing remote work options where feasible.

 

Failure to make these adjustments could result in discrimination claims, with significant legal and financial consequences for employers.

 

Health and Safety at Work Act 1974

 

This act places a duty on employers to safeguard the health and safety of all employees. For vulnerable workers, this means conducting thorough risk assessments to identify and mitigate specific risks they might face. Employers must take proportionate measures to:

 

• Minimise exposure to hazards, such as infectious diseases or physical risks.
• Ensure the workplace environment is conducive to their health and safety.

 

 

Identifying Clinically Vulnerable Workers

 

To identify clinically vulnerable workers, employers should:

 

• Encourage self-declaration in a confidential manner.
• Review medical evidence, such as GP letters or NHS shielding notifications.
• Consult with occupational health specialists for guidance.

 

 

Reasonable Adjustments

 

Employers should also be mindful of the fact that anyone who is classed as clinically vulnerable is likely to be suffering from a serious health condition amounting to a “disability” within the meaning of the Equality Act 2010. If so, that individual is also entitled to reasonable adjustments to be made to ensure that they are not disadvantaged in the workplace when compared with non-disabled workers, including risks to their health and safety.

The law requires employers to act within reason when implementing adjustments. Factors influencing what’s reasonable include:

 

• The cost and practicality of the adjustment.
• The size and resources of the employer.
• The potential impact of the adjustment on the employee and the business.

 

 

Employer Obligations for Workers on Immunosuppressants

 

Workers who take immunosuppressant medications face heightened risks due to their reduced ability to fight infections. This makes their workplace safety a critical priority for employers. In the UK, legal obligations under the Health and Safety at Work Act 1974 and the Equality Act 2010 require employers to take proactive steps to protect and support these employees. Here’s what employers need to know and do.

Under the Health and Safety at Work Act, employers have a duty of care to ensure the health, safety, and welfare of all employees, including those with medical vulnerabilities. For workers on immunosuppressants, this involves conducting tailored risk assessments to identify and mitigate potential hazards. For example, employers must evaluate workplace conditions to minimise exposure to infections and ensure that facilities like restrooms and workstations are kept hygienic and safe.

In addition to general safety measures, the Equality Act 2010 requires employers to make reasonable adjustments for workers with health conditions that significantly impact their daily activities. Workers on immunosuppressants may qualify as disabled under the Act, meaning employers are legally required to accommodate their needs. Adjustments might include offering remote working options to reduce exposure to potential pathogens, adjusting work hours to avoid peak commuting times, or providing enhanced personal protective equipment (PPE) and sanitisation measures.

Employers must also prioritise open communication while maintaining strict confidentiality regarding employees’ medical information. Workers should feel comfortable disclosing their needs without fear of judgment or discrimination. Employers can foster this by creating a supportive environment where health-related concerns are taken seriously. Regular check-ins can ensure that adjustments remain effective and aligned with the employee’s health status.

Workplace hygiene and risk mitigation are essential for protecting workers on immunosuppressants. Employers should implement and enforce hygiene protocols, such as regular handwashing, sanitising shared spaces, and improving ventilation in work areas. Offering flexible workspace arrangements, such as private offices or seating in low-traffic areas, can further reduce potential exposure to infections.

Occupational health services can be invaluable in supporting both the employer and the employee. Consulting with occupational health professionals allows employers to better understand the implications of immunosuppressant use and develop tailored workplace adjustments. These experts can provide guidance on creating an effective return-to-work plan or managing ongoing workplace accommodations.

Employers must also consider how they handle sick leave and absences for workers on immunosuppressants. These individuals may require more frequent time off for medical appointments or recovery from illness. It is crucial to offer flexibility and avoid penalising workers for health-related absences, ensuring they feel supported rather than pressured to return before they are ready.

Finally, employers should prepare for unexpected health-related absences by developing contingency plans. Cross-training team members or redistributing workloads can help the organisation maintain operations without overburdening the absent employee’s colleagues.

By taking these steps, employers can meet their legal obligations while fostering a culture of care and inclusivity. Proactively addressing the needs of workers on immunosuppressants not only protects their health but also strengthens trust and morale within the organisation.

 

Vulnerable Persons Risk Assessments

 

A vulnerable persons risk assessment is a structured process designed to identify and mitigate risks that may disproportionately affect vulnerable workers in the workplace.

The primary aim of a vulnerable persons risk assessment is to ensure that employees with additional health or safety needs can perform their roles without undue risk. The assessments help safeguard the safety, well-being and productivity of employees who may face heightened risks due to health conditions, age, pregnancy or other factors. Employers can use this information to put in place appropriate measures to protect them from harm while enabling them to contribute effectively to the organisation.

Employers should carry out a risk assessment:

 

• When a worker discloses a condition or vulnerability, such as a chronic illness or pregnancy.
• During significant workplace changes, such as a new role, equipment, or processes.
• In response to public health concerns, such as the spread of infectious diseases like COVID-19.

 

It’s essential to keep these assessments updated, particularly if the worker’s condition or workplace circumstances change.

 

Steps in Conducting a Vulnerable Persons Risk Assessment

 

The following are the key steps in a vulnerable persons risk assessment:

 

Step 1. Identify Vulnerable Individuals

Employers should encourage employees to disclose vulnerabilities confidentially. Vulnerable workers may include those with chronic illnesses, weakened immune systems, disabilities, pregnancy, or advanced age. Medical evidence or advice from occupational health specialists can help verify and understand these vulnerabilities.

 

Step 2: Identify Potential Hazards

Analyse the workplace environment to identify risks specific to the vulnerable worker. Hazards could include:

 

• Exposure to infectious diseases.
• Physical demands that may be unsafe for individuals with certain conditions.
• Psychological stressors or mental health triggers.
• Accessibility issues that limit mobility or independence.

 

Evaluate and Prioritise Risks

 

Assess the likelihood and severity of each identified hazard. Consider how the worker’s condition amplifies these risks. For example, an immunosuppressed worker may face greater risks from shared spaces or poor hygiene protocols than others.

 

Implement Control Measures

Introduce adjustments to reduce risks to an acceptable level. Measures could include:

 

• Allowing remote work or staggered hours to reduce exposure to crowded environments.
• Modifying tasks to avoid physically strenuous activities.
• Enhancing hygiene and sanitation measures in the workplace.
• Providing additional training to colleagues to create a supportive team environment.

 

Monitor and Review

Risk assessments should be dynamic, adapting to changes in the employee’s health or workplace circumstances. Regular reviews ensure that control measures remain effective and relevant.

 

Need assistance?

 

DavidsonMorris’ HR specialists support employers with advice on managing clinically vulnerable workers. We can help you to ensure compliance with your legal obligations while building a supportive and nurturing working environment. For expert guidance, contact us.