Unite – Employment Rights Act 1996 sections 44 & 100 Advice on #Covid-19 at work

 

EXLcZHuUMAEADwe

 

 

A message from Howard Beckett

Howard Beckett
Assistant General Secretary, Political & Legal Affairs
S 44. & S 100 of the Employment Rights Act 1996

A lot has changed in the past few weeks, some things have not. One of the most important of these is that, despite the ever-changing advice and the new and hastily introduced laws:
Your employer is obliged under the law to provide you with a safe place of work
Unite is receiving on a daily basis reports of workplaces failing to operate the very basic
requirements of social distancing (on the factory or shop floor, in vehicles and rest facilities)
proper, regular and clean facilities to ensure frequent hand washing and the appropriate
personal protective equipment.

This is not acceptable nor lawful and we have instructed our lawyers to prepare for legal
action should employers consistently refuse to implement these very basic and lifesaving
measures.

Members however should know their individual rights
There are some protections for employees. The most relevant are those which protect
employees from being subjected to a detriment or dismissal (contained in S44 & S100 of the Employment Rights Act) on grounds that:
(i) ‘in circumstances of danger which the employee reasonably believes to be
serious and imminent and which they could not reasonably be expected to
have averted, they left (or proposed to leave) or (while the danger persisted)
refused to return to their place of work or any dangerous part of their place of
work’; or
(ii) ‘in circumstances of danger which the employee reasonably believed to be
serious and imminent, they took (or proposed to take) appropriate steps to
protect themselves or other persons in danger.’
It is for individuals to make their own decisions in their own workplace as to whether there are ‘circumstances of danger’ which they ‘reasonably believe’ to be ‘serious’ and ‘imminent’ so as to justify leaving the workplace or (while any danger persists) refusing to return or taking appropriate steps to protect themselves.
These individual rights do not apply to all categories of worker particularly those that have the status of self-employed. However the duty for employers, hirers or contractors to provide a safe working environment for all those engaged in a workplace applies
consistently. Where poor safety practices are reported to the union, Unite will make the
appropriate interventions with those organisations to ensure the highest standards of safety are maintained.

This advice is intended only to communicate what the law is; however if members that are employees suffer a detriment or dismissal on the basis of a genuine and reasonable belief  then UNITE WILL SUPPORT YOU.

Howard Beckett

101-unitehomeworkingguide-20-04-01-v02a

 

 

Scottish Hazards  advice on Covid 19

Covid 19

 

STUC  Advice on Covid-19

http://www.stuc.org.uk/fair-work-organising/corona-virus

 

EXLcZHuUMAEADwe

If you are not yet a member of Unite 

Can you afford not to be?

 

join unite 2019

 

Join online today!

Unite is the largest trade union in the UK and Ireland with members across the private, public and voluntary sectors including manufacturing, public services, transport, food, finance and construction.  Even if you are not in work, there is a place for you in our community or retired member sections.

Have a voice, take action and make change happen.  Join the union today!

What you will need to join online today

  • Personal and employment details (if applicable).
  • An email account
  • Bank details – to set up a direct debit

The sign-up process

Joining the union could not be easier.  Just follow our simple steps below.

1. Complete the Join Online form

Complete the simple form with your personal information and current job details, if applicable.

2. Find out the cost of your membership

The online application will work out your monthly membership fee based on the information you give us. *

3. Set up a direct debit

If you are happy with a monthly fee, you can complete the Direct Debit and activate your membership right away.

4. Receive email & instant MyUnite access

You’ll receive an email telling you how to gain access to the MyUnite portal.  A membership pack will follow in the post which will include your Unite membership number.

* The online application will calculate your joining fee prior to any payment being requested.

Further membership information and contribution rates

 

 

 

Unite Scotland Press Release –  Embargoed until 00: 01 a.m. 30 May

Unite Scotland says ‘lives at risk’ as additional £155m Covid-19 funds for local authorities still not released

Unite Scotland has today (30 May) strongly criticised the Scottish Government over the continued delay in releasing the additional Covid-19 emergency finance to local authorities stating that ‘lives are being put at risk’.

The Finance Secretary Kate Forbes in the Scottish Parliament on 5 May said that costed plans must be submitted in advance before the funds are released, unlike in England where the finance has been non ring-fenced. In response, the Convention of Scottish Local Authorities (COSLA) issued a statement placing the estimated impact at £250m. However, to date Scottish local authorities have still not received the cash despite this cost estimate.

The UK Government made £1.6 billion of funding available to councils in England on 18 April, which amounted to an additional £155m flowing from Barnett formula Consequentials. This was an extra £1.6 billion taking the total given to local authorities in England to over £3.2 billion, which was the equivalent to £310m for Scotland.

Unite regional officer, Wendy Dunsmore, said: “The Scottish Government are behaving disgracefully due to their refusal to release the emergency Covid-19 funds that have been allocated by Westminster. It’s absolutely staggering that instead of the sums being passed on immediately as in England, local authorities in Scotland are continuing to face obstacles six weeks down the line. There’s absolutely no excuses for this unacceptable situation when lives are at risk and this money could be immediately assisting vulnerable people, and communities.” 

ENDS

Unite – Because you deserve better Unite’s Broad Industrial Strategy Work Voice Pay

EW1d0sAXQAAQRYj

https://unitetheunion.org/work-voice-pay/

Work, Voice, Pay

Len McCluskey

(Len McCluskey – Unite General Secretary)

Work, Voice, Pay is the cornerstone of our Union’s industrial strategy. At Unite we know that it is only by delivering at the workplace that we remain relevant to working people. It is our success or failure at the bargaining table that we are ultimately judged on.

I am delighted that our research consistently proves that Unite negotiations secure better pay deals for working people. But we are determined to help further improve delivery for our members at the workplace. At its core this pledge focuses on what our Union does best:

  • Securing good jobs and decent work
  • Making sure workers have a strong and effective voice
  • Getting decent pay and conditions

 

 

On this part of the website you will find tools and support to help you, as Unite reps, get organised and win Secure Work, a Strong Voice and Decent Pay where you work. Work, Voice, Pay is delivered by Unite’s Organising and Leverage Department, headed by executive officer, Sharon Graham (Below).

 

 

Sharon Graham

 

These resources are designed to assist you, our shop stewards and representatives. I hope that they will help you to campaign for better pay and conditions for Unite members.

Yours Fraternally,

Len McCluskey signature

Len McCluskey,
General secretary

Find out more on Work, Voice, Pay on social media

Facebook Twitter

 

 

EW1d0sAXQAAQRYj

https://unitetheunion.org/work-voice-pay/

 

If you are not yet a member of Unite 

Can you afford not to be?

 

join unite 2019

 

Join online today!

Unite is the largest trade union in the UK and Ireland with members across the private, public and voluntary sectors including manufacturing, public services, transport, food, finance and construction.  Even if you are not in work, there is a place for you in our community or retired member sections.

Have a voice, take action and make change happen.  Join the union today!

What you will need to join online today

  • Personal and employment details (if applicable).
  • An email account
  • Bank details – to set up a direct debit

The sign-up process

Joining the union could not be easier.  Just follow our simple steps below.

1. Complete the Join Online form

Complete the simple form with your personal information and current job details, if applicable.

2. Find out the cost of your membership

The online application will work out your monthly membership fee based on the information you give us. *

3. Set up a direct debit

If you are happy with a monthly fee, you can complete the Direct Debit and activate your membership right away.

4. Receive email & instant MyUnite access

You’ll receive an email telling you how to gain access to the MyUnite portal.  A membership pack will follow in the post which will include your Unite membership number.

* The online application will calculate your joining fee prior to any payment being requested.

Further membership information and contribution rates

 

 

EW1d0sAXQAAQRYj

https://unitetheunion.org/work-voice-pay/

Covid-19: Learning from the past for a better future

ier uk

Coronavirus and work

 

Coronavirus and work

Experts set out proposals to ensure the damage to the economy and workers is limited.

The IER welcomes the government’s moves to protect jobs but warns millions may not be covered.

In these extraordinary times, action must be collective, not individual. We have been pleased to see the government take this on board in their Coronavirus efforts and in heeding the calls of unions to protect workers’ wages.

However, the individualised nature of UK labour law does not readily adapt to emergency situations where collectivism is needed, even when the government pursues a collective response.

In the articles below, our experts explain the shortcomings of the law and how all of these issues can be quickly rectified.

Covid-19: Learning from the past for a better future

A massively expanded state is needed with a greater role for unions and the people themselves – presenting a post-pandemic manifesto.

Commentary icon4 May 2020|Comment

Keith EwingProfessor of Public Law, King’s College London

Lord John Hendy QCChair of the Institute of Employment Rights

Much has been written in recent months from across the political spectrum about Lenin’s famous aphorism that ‘there are decades where nothing happens; and there are weeks where decades happen’. But apart from a determination that we should not return to the past, little time has been spent reflecting on Lenin’s even more famous question: What is to be done? Now is the time for answers.

The Covid-19 crisis has revealed in sombre terms the true nature of British society, and is testament to the inequalities between us. As we have written before, some of us are more vulnerable to contracting the virus than others, while some are more vulnerable to serious and critical symptoms than others. But it is not just the virus that preys on inequalities. So does the response to it, as well as the likely longer term effects.

The Covid-19 crisis has revealed in sombre terms the true nature of British society, and is testament to the inequalities between us.

Some are able to work conveniently from home, while others are not; and others are able to live comfortably in a period of lockdown, with secure incomes and sufficient space, including access to gardens. But despite the government’s rescue packages, others are having to self-isolate on statutory sick pay, many have lost their jobs, and 1,950,000 have registered for the mercies of Universal Credit since 01 March.

For some, the future looks as bleak as the present, as the impact of the greatest depression for two hundred years begins to dawn. There will be a massive job of rebuilding a broken society, neo-liberalism and buccaneering free market capitalism having totally disarmed the resilience of the State, and revealed itself as no match for a global health pandemic which looks set to claim many victims in the United Kingdom as elsewhere.

In a period of just over a few weeks, we have seen the grim figure of 20,000 deaths in hospitals alone, including many health care workers and other essential service workers, who have sacrificed their lives in the interests of others. This amid claims that the State has failed in its most basic duty to protect the lives of its citizens. We see a failure of politics and public administration on a scale not witnessed in modern times.

But above all what we see is the failure of an economic model as this crisis has incubated and spread: the failure of neo-liberalism, free markets and global supply chains that have now conquered the globe. But this is the model that has stripped States of all resilient capacity and has proved unable to ensure the supply of even the most basic personal protection equipment for workers in the front line.

Indefensibly, those on whom we are all most dependent are the lowest paid and the most vulnerable.

So what about the future? We are reminded of previous crises and the steps taken to address them – their causes and their consequences. They included the revival of the ILO by the Declaration of Philadelphia as the second world war was coming to an end. This is the greatest ever international statement in favour of social justice: although imitated it has never been equalled.

At its core the Declaration of Philadelphia commits to freedom of association and the ‘effective recognition of the right to collective bargaining’, as well as ‘policies in regard to wages and earnings, hours and other conditions of work calculated to ensure a just share of the fruits of progress to all’. In other words, the value of work and its rewards ought not to be determined by the vagaries of a ‘labour market’, but by equity and justice.

Indefensibly, those on whom we are all most dependent are the lowest paid and the most vulnerable. Their critical role as well as their dignity and bravery reinforces the irrationality and unjustifiability of existing wage structures and the imbalance between the low and the well-paid. Above all, it reveals the inter-dependence of all who labour in whatever capacity, and the need to flatten what has become an inexplicable income curve.

If we are to escape the clutches of neo-liberalism, and re-assess our values to rebuild after the crisis, there is a need for a public policy revolution at least as great as that we saw in 1934.

If we are to escape the clutches of neo-liberalism, and re-assess our values to rebuild after the crisis, there is a need for a public policy revolution at least as great as that we saw in 1934, until it was eclipsed by Thatcherism in the 1980s. The Covid-19 crisis has shown the need for a greatly expanded role for the State, a need that will continue as the country faces up to the devastation left in the virus’ wake.

An enlarged role for the big State will create in turn a need for new forms of political engagement and participation: citizens have a right not just to be spoken to by government but to be in government with government. It will also create a new role for trade unions at the highest levels of policy-development and rule-making though sector wide bargaining, and the need for permanent machinery to create a framework for such engagement.

It is now more widely understood that trade unions perform an important role in a free society as intermediate institutions between State and citizen in an open, resilient, democratic society. We need strong trade unions with the power and authority to participate in government, to hold governments to account, and to resist policies that damage the national interest. But this will be only the start, as we look to the past to build a better future.

A Post-Covid-19 Manifesto

  1. There is a need for co-ordinated and progressive international action, as in the ILO Declaration of Philadelphia (1944).
  2. EU institutions need to rediscover and recognise the principles set out in the EU Treaty, articles 2 and 3, and abandon their commitment to an ‘open market economy’.
  3. At domestic level, radical and transformative fiscal policies must be adopted to raise taxes, in order to increase spending, in order to promote income equality and equality of wealth.
  4. The State must be rebuilt as the expression of collective solidarity, not just in health, but also in employment, housing, education, transport, and income maintenance.
  5. Participation in government must be expanded to give trade unions a voice in public policy development, while all public services must be delivered directly by public bodies.
  6. The economic constitution must be to restored to recreate an open, robust, resilient and inclusive democracy based on entitlement through strong industrial citizenship.
  7. As a result, sector-wide collective bargaining should be restored, as a key lever for redistribution and the promotion of equality.
  8. Steps must be taken to ensure the dignity of all workers, and to end the various forms of exploitation through non-standard employment. Enough is enough.
  9. We must re-assess the value of work and its rewards. Wage rates should be based on service to the community not market value, with much greater State intervention.
  10. Steps must be taken to disempower global corporations and to democratise companies, as an integral part of the new economic constitution.

Keith Ewing

Keith Ewing Keith Ewing Professor Keith Ewing is Professor of Public Law at King’s College London. He has written extensively on labour law including recognition procedures and international standards. He is also the President of the Institute of Employment Rights

Lord John Hendy QC

John Hendy QC John Hendy QC John Hendy QC is Chair of the Institute of Employment Rights. He is a leading employment law barrister, operating from Old Square Chambers London, and H P Higgins Chambers in Sydney Australia. He is also vice-chairman of the International Centre for Trade Union Rights (ICTUR)and Joint Secretary to the United Campaign for the Repeal of Anti Trade Union Laws. John is standing counsel to UNITE, ASLEF,CWU, NUJ, NUM, POA, RMT and UCU.

 

If you are not yet a member of Unite 

Can you afford not to be?

 

join unite 2019

 

Join online today!

Unite is the largest trade union in the UK and Ireland with members across the private, public and voluntary sectors including manufacturing, public services, transport, food, finance and construction.  Even if you are not in work, there is a place for you in our community or retired member sections.

Have a voice, take action and make change happen.  Join the union today!

What you will need to join online today

  • Personal and employment details (if applicable).
  • An email account
  • Bank details – to set up a direct debit

The sign-up process

Joining the union could not be easier.  Just follow our simple steps below.

1. Complete the Join Online form

Complete the simple form with your personal information and current job details, if applicable.

2. Find out the cost of your membership

The online application will work out your monthly membership fee based on the information you give us. *

3. Set up a direct debit

If you are happy with a monthly fee, you can complete the Direct Debit and activate your membership right away.

4. Receive email & instant MyUnite access

You’ll receive an email telling you how to gain access to the MyUnite portal.  A membership pack will follow in the post which will include your Unite membership number.

* The online application will calculate your joining fee prior to any payment being requested.

Further membership information and contribution rates

 

 

EX0iADiXgAETd5OEXvFILNXsAEZ6T7

Coronavirus (COVID-19): safer work places statement – gov.scot

Joint statement by the Scottish Government, Police Scotland, Health and Safety Executive and local authorities on safe workplaces.
— Read on www.gov.scot/publications/coronavirus-covid-19-safer-work-places-statement/