Dear Member
Hello! We hope you’re well and that you are adjusting to your new working arrangements, whatever they may be.
We thought it might be useful today for us to provide our members with some pieces of information which might equip you to deal with issues you might have in the work place. This by no means replaces the assistance we offer on a one to one basis and we of course welcome your calls and emails but we’re also really keen that you know what your rights are as workers so we thought the following might be useful:
Health and Safety Legislation:
Whilst the government has sought to amend laws in this country in order to manage the crisis, H&S legislation still remains and in many ways has never been so important in ensuring the health, safety and wellbeing of our members in the workplace. The main pieces of H&S law in this country are the Health and Safety at Work Act 1974 and the Management of Health and Safety at Work Regulations. Did you know that under this legalisation your employer has a duty to ensure that you are kept safe and well whilst carrying out your duties, this applies no matter where you are working, from an office or from your home and of course this legal duty is not diminished in the context of this crisis. Legislation also places a legal duty on employers to carry out risk assessments for their employees and these risk assessments should be reviewed in light of corona virus. Hopefully measures have been put in place to ensure you are safe at work in light of a renewed risk assessment but if you worry that this this is not the case please get in touch. It is worth thinking about personal protective equipment and government advice to remain two meters apart when considering whether you think your employer is doing all they can to ensure your safety.
Do you think your employer is adhering to their legal duty to ensure that your health and safety at work? If not, let us know and we will remind your employer of their legal duty.
Furlough:
We have been made aware that some employers have decided to furlough their staff for some or all of this crisis and this has brought up some challenges and questions from members. Here is some information about furlough which may be of use. Furlough is a term which seems to have come from nowhere and suddenly is everywhere! The word means “a temporary leave of employees due to special needs of a company or employer, which may be due to economic conditions at the specific employer or in the economy as a whole.” In the context of the Corona-virus and the government’s response it means that employers who would, without government intervention have had to lay off their workers can furlough them instead and apply to government to cover the cost of the furloughed workers wages. Here is the link to the government website which may be of use to your employer https://www.gov.uk/guidance/claim-for-wage-costs-through-the-coronavirus-job-retention-scheme
80% of your wage is the minimum you can expect if you are furloughed. Your employer may decide to top your wages up so that you are not financially worse off because of the pandemic and we are strongly encouraging employers to do this. However the furlough scheme does not apply if your hours are reduced; only if you are stood down
Enhancements:
For the majority of our members it is not an expectation that they will work on a bank holiday, however this may be necessary in the coming weeks and months, depending on where you work. Remember, if your employer asks you to work when you are not contracted to work or do not normally work, you can say no. Equally, you should check what your contract says about payment for working on a bank holiday. Although there is no statutory requirement for employers to pay enhancements for bank holiday working, many contracts will include this and you need to ensure that you receive the pay you are entitled to. If you’re unsure, ask your employer for a copy of your contract or for their policy on bank holiday payments.
‘At increased risk’ and ‘at highest risk’:
Since the government issued letters to approximately 1.5 million people who are deemed to be at most risk from Corona- virus we have had several members contacting us with queries about which group they fall into. Remember, if you fall into either of these groups, no matter which one, you do need to take extra care and your employer needs to help you to do this. Hopefully the guidance below will clarify things for you.
The first group are identified as being at increased risk of being seriously ill if they contracted corona virus. The government advice is that these people should take steps to stringently socially distance themselves. When the government published this list Wirral Unison ensured that employers were aware that our position was that if a member fell into this category they should be supported to socially distance and this should include not attending your workplace and certainly working from home if this was possible. Equally if you are the main carer for someone who falls within this category you should remain at home in order to limit the risk of brining the virus into your home from your place of work. Pay should be unaffected. This advice remains unchanged. These people are:
1. Over 70’s
2. Those with underlying conditions (see below for further information)
3. Those staff who are pregnant .
Underlying Conditions
The following are classed as underlying conditions that place you at higher risk. See PHE website for further details
• chronic (long-term) respiratory diseases, such as asthma, COPD, emphysema or bronchitis
• chronic heart disease, such as heart failure
• chronic kidney disease
• chronic liver disease, such as hepatitis
• chronic neurological conditions, such as Parkinson’s disease, motor neurone disease, multiple sclerosis (MS), a learning disability or cerebral palsy
• diabetes
• problems with your spleen a weakened immune system as the result of conditions such as HIV and AIDS, or medicines such as steroid tablets or chemotherapy
• being seriously overweight
More recently the government announced that they had identified a subset of the above group who are described as being at the highest risk if they were to contract the corona-virus. The advice for anyone who falls within this smaller group is that you should completely self- isolate in order to protect yourself from infection. This is clear advice from Public Health England and we would not expect any challenge on this from employers but if you do fall within this second group and are worried about your employment please get in touch with us. The smaller, most at risk group comprises of:
1.Solid organ transplant recipients
2.People with specific cancers
• People with cancer who are undergoing active chemotherapy or radical radiotherapy for lung cancer
• People with cancers of the blood or bone marrow such as leukaemia, lymphoma or myeloma who are at any stage of treatment
• People having immunotherapy or other continuing antibody treatments for cancer
• People having other targeted cancer treatments which can affect the immune system, such as protein kinase inhibitors or PARP inhibitors.
• People who have had bone marrow or stem cell transplants in the last 6 months, or who are still taking immunosuppression drugs.
3. People with severe respiratory conditions including all cystic fibrosis, severe asthma and severe COPD
4. People with rare diseases and inborn errors of metabolism that significantly increase the risk of infections (such as SCID, homozygous sickle cell)
5. People on immunosuppression therapies sufficient to significantly increase risk of infection
6. People who are pregnant with significant congenital heart disease
Self-isolation and social distancing:
The world seems full of new phrases at the moment and ‘self-isolating’ and ‘social distancing’ are just two phrases that a few weeks ago were scarcely heard that are now common place. These phrases are not interchangeable and don’t mean the same thing. If you’re concerned that your employer doesn’t know the difference, feel free to refer them to the information below which is taken from the NHS website. As you will see from the information above, self- isolation also applies to those people who fall within the ‘highest risk’ group.
Self-isolation helps stop coronavirus spreading
Do not leave your home if you have symptoms of coronavirus (COVID-19) or live with someone who does.
This is called self-isolation.
If you are self-isolating, you must:
• not leave your home for any reason, other than to exercise once a day – but stay at least 2 metres (3 steps) away from other people
• not go out to buy food or collect medicine – order them by phone or online, or ask someone else to drop them off at your home
• not have visitors, such as friends and family, in your home
You can use your garden, if you have one.
Information:
If you're not sure if you need to self-isolate
If you have symptoms of coronavirus (a high temperature or a new, continuous cough), use the 111 coronavirus service to find out what to do.
How long to self-isolate
If you have symptoms
If you have symptoms of coronavirus, you'll need to self-isolate for 7 days. (7 days is the Government advice, World Health Organization advice is 14 days)
After 7 days:
• if you do not have a high temperature, you do not need to self-isolate
• if you still have a high temperature, keep self-isolating until your temperature returns to normal
You do not need to self-isolate if you just have a cough after 7 days. A cough can last for several weeks after the infection has gone.
If you live with someone who has symptoms
If you live with someone who has symptoms, you'll need to self-isolate for 14 days from the day their symptoms started. This is because it can take 14 days for symptoms to appear.
If more than 1 person at home has symptoms, self-isolate for 14 days from the day the first person started having symptoms.
If you get symptoms, self-isolate for 7 days from when your symptoms start, even if it means you're self-isolating for longer than 14 days.
If you do not get symptoms, you can stop self-isolating7 days after 14 days.
Social Distancing:
Remember if you fall within the ‘increased risk’ group you are very strongly advised to stringently socially distance and your employer should do everything they can to facilitate this.
Social distancing measures are steps you can take to reduce social interaction between people. This will help reduce the transmission of coronavirus (COVID-19).
https://www.gov.uk/government/publications/full-guidance-on-staying-at-home-and-away-from-others/full-guidance-on-staying-at-home-and-away-from-others
Medical suspension:
Medical suspension is a period during which an employee is suspended from work on full pay whilst the employer investigates the employee's health condition (this is provide for in legislation under the Employment Relations Act 1996). It may be that this is the most appropriate route for you in order that you are protected during the crisis. We are clear that no one should have to chose between health and hardship and it may be that medical suspension offers protection where other avenues have been exhausted. Here is some information you may find useful if you feel your health is not being protected at work during the current crisis, please get in touch if you think this is relevant to you.
An employer can suspend an employee from work if their health and safety is in danger. This can be either a:
• medical suspension
• suspension for maternity reasons
Before an employee can be suspended
Employers must review the employee’s risk assessment before suspending them.
Before employees can be suspended for maternity reasons
There are additional rules before an employer can suspend employees who:
• could become pregnant
• are pregnant
• gave birth less than 6 months ago or who are breastfeeding
The employer must follow these steps in order, and only move on to the next step if the situation is not resolved.
1. Take reasonable steps to remove, reduce or control any risks to the employee and their baby - for example, by preventing exposure to the risk or providing protective equipment.
2. Try to temporarily adjust the employee’s working conditions or working hours.
3. Offer the employee suitable alternative work on their normal terms and conditions.
4. Suspend the employee on full pay. This will last as long as the employee, or their baby, is in danger.
Employees’ pay when suspended
The employee has the right to normal pay (including bonuses) for up to 26 weeks, as long as they’ve been in their job for a month or more.
This is not the same as Statutory Sick Pay. The employee does not have to be signed off by a GP.
Mental Health:
The stress and anxiety of the current crisis will be felt by all of us but for some people Corona-virus and the implications on work and society more broadly will be very acutely felt. How ever the crisis is impacting you and your mental health, its important that you take care of yourself and the information below might help you to do this.
https://www.mind.org.uk/information-support/coronavirus/coronavirus-and-your-wellbeing/
https://www.nhs.uk/oneyou/every-mind-matters/coronavirus-covid-19-anxiety-tips/
https://www.mentalhealth.org.uk/publications/looking-after-your-mental-health-during-coronavirus-outbreak
We hope that this general information is of use to you all and we will update you further tomorrow about the negotiations we continue to do with employers in tomorrow’s update. Take care and stay safe everyone.
In Solidarity!
Lois and Dave
Dave: davidnjones@wirral.gov.uk 07880199539
Lois: loisfounds1@wirral.gov.uk 07384512521
Published on: April 1, 2020