To think this is disability discrimination?

[scarfmisuseissues]

Sorry if this is vague, I'm trying not to be too outing.

I work with people. Through lockdown, all staff were advised not to actually see clients face to face. We have all been moved out of office to home working. As restrictions eased the majority of staff in my job role have been allowed to resume face to face contact (2m distance with full PPE). However, those of us in the shielding category have not, regardless of whether we opted to shield (I didn't shield as was not practical or possible for me).

When shielding ended we expected to all be able to return to face to face contact. However for shielders the ban was extended, and we've now been told it's 'indefinite'. Little clarity as to why has been supplied but it's been mentioned that "they aren't sure if we are insured" and that they need advice on whether the PPE is safe (despite all other staff being allowed to use it for face to face).

I'm at a stage where I cannot do my job effectively without seeing some people face to face and it is taking a massive toll on my emotional well-being and professional identity. Others in the same situation feel the same, we just desperately want to be able to do our jobs properly.

AIBU to think that subjecting a group of staff to a restrictive policy purely on the grounds of them having a long term health issue/being disabled is disability discrimination? And WIBU to raise a formal grievance as informal attempts to resolve this are being ignored?

Tough one. What sort of disability is it? If you had a flare up of your particular illness would you sue them? That’s what they’re probably worried about.

I'm interested to see the responses. I'm not in exactly the same situation but I was (am) in the shielded category but am having to take extra precautions at work and it's adversely affecting me, through loss of holiday, sick pay etc. I also wonder what will happen to our jobs if shielding is reinstated.

Have you offered to sign anything to say that you waive the right to take any legal action if you were to become unwell? perhaps that could make them more comfortable.

As a group, our conditions vary wildly. I personally feel that I should not have even been on the shielding list but there seems to be no mechanism for me to be removed, especially now it is over!

We have suggested signing waivers saying we won't sue if we contract Covid (not sure how it could be proved we got it at work regardless) but have been told this is not possible.

I was also in the shielding group and can understand why they have put the ban in place, there will almost certainly be a second wave and your vulnerability will not have changed.

Having said that shielding people have been told to go back to normal so I think a formal grievance could be in order. I don't know if it is disability discrimination though since you still have a job.

It certainly feels like discrimination when the rest of the staff are 'allowed' to do things that we are not. Just because I still have a job doesn't mean there's not an impact on me or that I've not been discriminated against.

I feel as an adult I should be able to make my own risk assessments about what I'm willing to do. I'm not saying that anyone anxious or afraid to do face to face shouldn't be listened to and supported. But I'm not.

It will be discrimination though if your promotion prospects are reduced, or performance management is affected due to restricted work practice though won't it?

Obviously don't know what your job is but for me, I'm worried about being viewed less favourably because I wasn't able to work for five months or because I still need stricter precautions in place than my colleagues.

They will be petrified of being sued, and a waiver probably wouldn’t be legally binding so would be irrelevant for them (you can’t exclude or remove liability where personal injury is caused as a result of negligence etc). The EHS experts we have spoken to say they expect the number of legal cases after Covid (long term) to be like the asbestos cases, huge and with massive financial implications for businesses. And so companies are being very very careful. Doesn’t help you, I know, but wanted to provide some context.

I think the best bet for you specifically is to build a case for you as to why you are not at an increased risk due to your disability, if you can: but it will be hard if you were on the government shielding list.

I can understand your frustration, but I don't believe it is discrimination. Your employer does not reasonably believe that they can provide a "covid safe" working environment for people who are particularly vulnerable, and therefore cannot allow you to be in the workplace until they can ensure it is safe.

You can ask to see the risk assessment, but as long as they are being reasonable in their judgments, they're not acting unlawfully.

I think if your employer is advising you to carry on working from home for a while longer then I probably would.

Another point to consider, especially as a vulnerable/shielded person returning to the workplace is, if you have critical illness cover, to check the wording in your policy as a lot are being very cagey about whether they are going to pay out should you become critically ill (especially if you have gone in against employers advice). Some insurers are classing Covid as a ‘known risk’ especially on new policies.

It won't just affect my promotion prospects - from January I am required to complete a professional consolidation module that requires me to have face to face visits observed and to produce written work based on them. My continued professional registration depends upon me completing it in this timeframe. I will be unable to continue working if I do not.

The Government have paused shielding and advised it is safe for everyone to go back to work. If it is 'Covid safe' for other staff to go back, it's safe for me to go back. Non disabled people aren't bulletproof, could also contract Covid and potentially sue.

It doesn’t look like discrimination to me, it looks like they are trying to take care of you

Yeah, your update op confirms my fears. Employers are able to dress up discrimination as a concern for our well being. Are you a member of a professional body who can advise you?

This is the advice from the Government website for shielding people:

you can go to work as long as the workplace is Covid-secure, but should carry on working from home wherever possible

If it means your professional registration could lapse and you'll be out of a job because they won't let you work, it's definitely discrimination. Despite what some people seem to think, all other laws have not been suspended because of Covid. Are you in a union?