Question to the Department for Business, Energy and Industrial Strategy:

To ask the Secretary of State for Business, Energy and Industrial Strategy, whether there are legal protections in place to prevent employers from mandating people who are severely immunocompromised from having to return to their workplace after the Coronavirus Job Retention Scheme ends in September 2021.

There are a range of legal protections which could be engaged where it is difficult for an employee to return to work as a result of an underlying health condition. But the law does not distinguish specifically between particular health conditions.

An immunocompromised person may be considered to have a disability and benefit from protections under the Equality Act which include the duty on an employer to make reasonable adjustments. A disability under the Equality Act is defined as a physical or mental impairment that has a ‘substantial’ and ‘long-term’ negative effect on your ability to do normal daily activities. A reasonable adjustment can include letting someone work somewhere else.