Local councils publish RAAC data

EIGHT EDINBURGH SCHOOLS AFFECTED

Inspections carried out by local authorities have shown that, at present, there are 16 council areas which have identified schools as containing Reinforced Autoclaved Aerated Concrete (RAAC). 

Local authorities have responsibility to ensure schools are safe for pupils, staff and all their users, and are carrying out inspections of school buildings to identify the presence of RAAC. Ministers have been clear to local authorities that those must be carried out as a matter of the highest priority and have offered assistance to councils in the matter where appropriate. 

Where RAAC has been identified, Councils have assured the Scottish Government that mitigations are in place in accordance with guidance from the Institution of Structural Engineers. 

The schools currently impacted are in the following council areas: 

  • Aberdeen City
  • Aberdeenshire
  • Argyll and Bute
  • City of Edinburgh
  • Dumfries and Galloway
  • Dundee City
  • East Ayrshire
  • East Lothian
  • Glasgow City
  • Highland
  • Inverclyde
  • Moray
  • North Ayrshire
  • North Lanarkshire
  • Perth and Kinross
  • West Lothian

Education Secretary Jenny Gilruth said: “The Scottish Government has been actively engaging with local authority partners, who have statutory responsibility for school buildings in Scotland, for some time.  

“It is important that there is transparency around the schools where RAAC has been identified and mitigations in place. Local authorities were asked to publish by today the data relating to impacted schools in their area given the seriousness of this issue and to ensure this data is freely available.

“I hope this provides reassurance to parents, carers, staff and pupils who may be concerned about the presence of RAAC in their learning facilities. I also expect the local authorities still to publish to do so as a matter of urgency. 

“Currently half of Scotland’s local authorities have identified RAAC in schools.  COSLA has confirmed that safety is their central consideration and that there is robust guidance that is followed by every local authority to ensure that those buildings are safe to be in for pupils, staff and the public. 

“This is in line with the existing guidance from the Institution of Structural Engineers who have advised us they do not believe there is sufficient grounds to update their advice.”

EDINBURGH REPORT:

Reinforced autoclaved aerated concrete (RAAC) is a lightweight construction material that was used in the construction of some public buildings between the 1950s and 1990s. It was mostly used mostly in flat roofing. Despite its name, it is very different to traditional concrete. It is aerated, or ‘bubbly’, and is therefore less durable than traditional concrete.

RAAC can be susceptible to failure when exposed to moisture. As a result UK Government has issued guidance to organisations across the UK to carry out check buildings where RAAC may have been used.

Since April 2023, we have been inspecting our schools to check for RAAC. The work is being carried out in line with UK Government advice. We have contracted independent structural engineers to do the surveys.

No schools have had to close as a result of RAAC. 

These are the schools affected and the mitigations that are in place (as at 8 September 2023):

  • Colinton Primary School – no impact on the school
  • Cramond Primary School – one classroom block is closed, temporary classroom units on site
  • Currie Community High School – access still available to dining hall, old gym block, assembly hall and an art classroom are closed. Newer gym block still in use, some gym classes taking place outdoors
  • Fox Covert/St Andrew’s RC Primary School – gym hall/dining hall closed but likely to re-open after remedial works; kitchen closed for longer term
  • Lorne Primary School – top floor currently closed while assessment takes place; classes relocated within the school.
  • Pentland Primary School – four classrooms, kitchen and supporting areas not in use; numbers restricted in dining hall
  • Trinity Academy – swimming pool, no impact as building has been closed since 2014
  • Trinity Primary School – a classroom area and kitchen not in use; temporary classrooms on site.

RAAC in NHS Lothian: ‘discovery surveys’ to follow desktop exercise

There have been reports in the media that some buildings in the NHS Estate across Scotland may have been constructed using Reinforced Autoclaved Aerated Concrete (RAAC). This material, which was widely in use between 1960 and 1980, was used mainly for components such as roof and floor planks. It is known to be weaker than other forms of concrete and its use was phased out in the 1990’s.

Work is underway at a national level to check and risk assess all NHS buildings which may potentially contain RAAC.

As part of that work, NHS Lothian has identified those candidate buildings in our Estate and supplied the information to NHS Scotland Assure. We have identified the following buildings as requiring investigation:

• Bonnyrigg Health Centre

• Lauriston Building

• Princess Alexandra Eye Pavilion

• Royal Edinburgh Hospital – Cullen/River Centre Extension

• Royal Edinburgh Hospital – Link Corridor/X-Ray

• Stoneyburn Health Centre

• Tranent Medical Practice

• Western General Hospital – Gas Store

It is worth noting that the risk assessment that took place by NHS Scotland Assure was based on a desktop exercise and does not confirm the presence of RAAC within our buildings.

The next stage of the process will be for discovery surveys to be undertaken by an independent contractor appointed by NHS Assure to confirm or rule out the presence of RAAC within our buildings. This is a national process and the surveys are scheduled to be carried out in Lothian in the Autumn.

The output of these surveys will provide further information on any recommended remedial actions. This work is precautionary and not the result of any known issues in any of our buildings.

Legionella bacteria at Western General: Investigations underway

Investigations are being carried out at the Western General Hospital following detection of Legionella bacteria in water supplying parts of the radiotherapy treatment area.

The source has been isolated and there have been no cases of infection in patients or staff.  The type of Legionella detected does not usually cause infection in humans. 

In line with national guidance, a thorough programme of disinfection and cleaning is being carried out and services temporarily relocated to minimise any potential risk.

Essential patient services are continuing to be provided in other areas of the building.

Two specialist radiotherapy treatment machines (Linacs) have been temporarily closed while remedial works continue. Patients who are normally treated on these Linacs will be reallocated to one of the other five treatment machines at the Western General Hospital which are not affected.

The remaining radiotherapy machines will be run for extended hours to ensure patient appointments continue to be allocated and carried out as quickly as possible.

Alison MacDonald, Nurse Director, NHS Lothian said: “Legionella bacteria was detected during routine water sampling as part of our building monitoring and hygiene vigilance measures.”

“The risk to patients and staff is low but we’ve enhanced infection and control measures across the building as a precaution. 

“We assure patients that radiotherapy treatments will continue to be carried out as quickly as possible and apologise to anyone who has been affected or had their appointment rescheduled.”

The situation is being closely monitored and continuously assessed. Patients will be kept informed of any changes and should speak to their treatment team if they have any concerns.

Miles Briggs raises safety concerns over asbestos in Lothian schools

110 schools across Edinburgh contain asbestos

During Education and Skills portfolio questions yesterday at the Scottish Parliament, Lothian MSP, Miles Briggs asked the Cabinet Secretary for Education  and Skills Jenny Gilruth, about the safety of schools in Scotland.

Mr Briggs said how it is critical that this government and councils acts as quickly as possible to remove asbestos from the Scottish schools estate to ensure that pupils, teachers and staff across Scotland are learning and working in a safe environment.

Across the Lothians 241 schools contain asbestos – 110 in Edinburgh (details below), 31 in East Lothian, 18 in Midlothian and 82 in West Lothian. In the last year, 58 schools had asbestos removed – 20 in Edinburgh, 0 in Midlothian, 38 in West Lothian and East Lothian declined to provide the information.

The Scottish Conservatives have previously criticised the SNP for continuing to pass on “savage” cuts to local authorities, meaning schools don’t have the resources to remove asbestos from school buildings.

The Cabinet Secretary for Education and Skills of Scotland, herself a former teacher, was asked “what progress has the Scottish Government made in removing asbestos from schools, what impact assessment has been undertaken to look at where currently asbestos is in the school estate and where this will be removed and what timescale will government develop to make sure this happens”.

In response, Ms. Gilruth acknowledged the importance of the issue and said: “Obviously a number of the schools that we are talking about are historically old buildings, I confess that the last building that I worked in, over in Fife, had asbestos in it.

“It is soon to be replaced by a brand new building thanks to this government. I think that’s hugely important as we move forward in improving the school estate, but we will need to recognise some of the challenge here”.

Lothian MSP, Miles Briggs, said: “The danger of asbestos is common knowledge.

“Despite this we still have over 240 schools in across Lothian which still contain this hazardous material.

“It is vital that pupils, teachers and staff across Scotland are learning and working in a safe environment.

“Continued underfunding of local authorities by SNP Ministers makes it extremely difficult for council to carry out the necessary work in our school estates to remove asbestos.”

The TUC has highlighted the dangers of asbestos today, International Workers Memorial Day. Asbestos is the biggest cause of work-related deaths in Britain.

TUC’s Sally Asquith said: “Schools are some of the most likely buildings to contain asbestos, but also the most obvious site for safe removal.

“Many schools desperately need repair or replacing anyway: the Department for Education has admitted a serious risk of collapse in many school buildings. We know more than 90 per cent of schools contain asbestos, and that the rate of mesothelioma diagnoses among former teachers is rising rapidly, so the need for removal is urgent. In the past six months alone, four schools in England had to close after asbestos was disturbed.

“As well as providing adequate support, and research, for those affected, the only real way to prevent asbestos-related illness in the long term is to remove the substance once and for all.

“Only by removing asbestos from all public buildings can we avoid future risk of exposure and stop the thousands of early – and entirely preventable – deaths from this dreadful, fatal illness.”

#IWMD

Edinburgh

A total of 110 schools contain asbestos:

Nursery/EYC – 21

Primary – 73

High School – 12

Special – 4

We have removed asbestos from 20 schools since 1st April 2022.

Case review on management of transgender prisoner: Women were not at risk from harm

An urgent case review into the management of a transgender person in custody has found that at no point were any women in the care of the prison service at risk of harm.

The Scottish Prison Service (SPS) review also confirmed the person did not come into contact with any other prisoners during their time at HMP&YOI Cornton Vale and that SPS policy was followed during each decision making process and risk assessment.

The review makes four key recommendations into the management of transgender individuals:

  • the creation of a shared justice process for admitting transgender people to prisons in Scotland – to help improve decision making at admission and subsequent case conferences
  • better communication between justice partners to ensure a clearer approach to the transfer of transgender people from court to custody
  • for the wider SPS Gender Identity and Gender Reassignment (GIGR) Policy Review to consider improvements to ‘admission’ and ‘placement and management’ and for SPS to consider the weight of a person’s previous offending history to be considered as part of the case conference process
  • to strengthen the balance around the risk of harm with an individualised approach as part of the admissions process to prison, allowing for someone to be located in secure isolation for the sole purpose of a risk assessment based on known and unknown risks

In addition to the recommendations, SPS is also undertaking a full multi-disciplinary case review for each transgender person in custody. The Service is also continuing to progress, in dialogue with the Scottish Government and other stakeholders, a review of the management of trans prisoners as part of its GIGR Policy Review.

Until these reviews are complete any transgender person in custody who has a history of violence against women – including sexual offences will not be relocated from the male to female estate. Additionally,  any newly convicted or remanded transgender prisoner will initially be placed in an establishment commensurate with their birth gender.

Justice Secretary Keith Brown welcomed the findings in a letter to the Scottish Parliament’s Criminal Justice Committee.

The Justice Secretary said: “Firstly, I want to acknowledge my concern for victims of crime and the distress caused to them.  It is important that consideration of issues relating to the management of prisoners is measured and does not retraumatise victims or risk unintended consequences for transgender people or individuals in the care of SPS.

“All recommendations from the review have been accepted by Ms Medhurst as Chief Executive and will be progressed by SPS in collaboration with others as needed. As confirmed in the letter, SPS will factor the learning identified from this review into its Gender Identity and Gender Reassignment (GIGR) Policy Review, which is ongoing.

“Pending the outcome of the GIGR Policy Review, measures to provide reassurance as set out in Ms Medhurst’s letter will remain in place.

“I would like to acknowledge the work SPS has done in continuing to fulfil its operational responsibilities while completing the lessons learned review. SPS has considerable expertise in managing complex, high-profile and challenging individuals within their care and keeping people safe; and I commend their professionalism.”

In her letter, the SPS Chief Executive Teresa Medhurst reiterated that the SPS remained firmly committed to providing person-centred care to their entire population, including managing and identifying risks, which are not exclusive to transgender people in their care.

She added: “Staff in our establishments have demonstrated their long-standing expertise and strong track record in the management and care of an increasingly complex prison population.

“My priority remains the health, safety, and wellbeing of all people in our care, many of whom are the most marginalised in our society, and that of staff.”

Coalition launches Covid Safety Pledge

A coalition of trade unions, covid safety groups and the Independent SAGE have launched a new ‘Covid-19 Safety Pledge’, designed to ensure workplaces adopt measures to minimize the spread of COVID-19 infections.

The Pledge, aimed at workplaces in both the public and private sectors, asks employers to sign up to three key commitments: protect workers and customers from Covid-19, risk assess their premises and practices to safeguard against infection and specifically ask any workers who test positive for Covid to stay at home while infectious and to provide the support necessary for them to do so.

Employers who sign up for the scheme will be presented as a covid safe workplace, with their name displayed on the Pledge website (covidpledge.co.uk) in addition to being able to display the Pledge sign within their premises.

The move has been backed by the Scottish Trades Union Congress (STUC) in addition to covid support groups such as Covid Families for Justice and Clinically Vulnerable Families.

The STUC warned that employers in Scotland should not roll back on health and safety and support for staff. Supermarket giant Sainsbury recently introduced a policy that allows staff to attend work if infected with covid and punishes them for covid related absence.

Commenting, STUC General Secretary Roz Foyer said: “It’s vitally important that the legacy of COVID-19 isn’t a rollback on workers’ safety or rights. The Covid-19 Safety Pledge allows employers to stand by their workers, ensuring the highest levels of protection against infection are taken, in addition to supporting staff and consumer wellbeing whilst on their premises.

“For people across Scotland – especially those who are clinically vulnerable – this Pledge can act as a clear indicator of responsibility and support for employers wanting to do right by their staff, customers and service users.

“We are also calling on the Scottish Government to support the pledge. Our joint COVID-19 Fair Work Statement should be updated for the new circumstances but also to continue to commit to the fair treatment of workers and the control of the virus.”

RoSPA launches groundbreaking ‘Falls Charity Appeal’ 

Fall prevention has been identified as the number one priority by the leading health and safety charity the Royal Society for the Prevention of Accidents (RoSPA). And RoSPA is now calling on businesses, business leaders and the health and safety community to use the skills they have developed in fall prevention in workplaces, to educate their employees to help prevent falls in the home.

Shockingly, annual deaths due to falls, including falls on stairs, have nearly doubled in England from 3,667 deaths in 1990 to 7,274 in 2019. Falls cause untold misery and pain to thousands of people every year, from physical injuries and death, long-term health effects and disabilities, loss of mobility, loneliness, social isolation and loss of independence

. They also impact massively on society, costing the NHS and wider healthcare systems over £4billion every year. But RoSPA believes businesses and organisations can mobilise their people to help drive these numbers down.

The Falls Charity Appeal has two major aims. Firstly, RoSPA is urging organisations to deliver the charity’s free, twenty-minute Fall Fighter awareness sessions to their staff. These online sessions have been specifically designed to equip people with the knowledge and skills to recognise the potential risks and how to stop falls from happening.

Additionally, the sessions provide people with a better understanding of how to help limit the harm from a fall.

Secondly, RoSPA is asking for donations to be made to its appeal, which will fund the delivery of strength and balance programmes for people in later life, to enable them to lead active, independent lives for longer. Falls are the largest cause of accidental death among over-65s in the UK and these programmes have been shown to reduce the rate of falls by up to 30 per cent.

Errol Taylor, RoSPA’s Chief Executive, said: “At RoSPA we know that businesses are experts in preventing falls in workplaces, but we want to translate these skills to tackle falls that are happening in homes, which are a forgotten killer.

“We believe that if every employee was made aware how falls can be prevented we could, together, achieve a huge reduction in the numbers of those killed and injured. This is why we have developed our innovative free Fall Fighter resource.

“By rolling-out our online sessions, businesses will be taking a leading role in addressing one of the biggest health and safety issues we face.

“There is so much that we can all do to stop falls from happening. A free Fall Fighter awareness session takes just twenty minutes to complete but could change the lives of loved ones forever.

But we’re not stopping there, we want to deliver a programme of strength and balance programmes that will mean more people in later life can lead active, independent lives for longer. These programmes have been shown to reduce the rate of falls by a massive 30 per cent. And by making a donation we can start this incredibly important work.

“By joining together, we can be a powerful and positive force for good. I therefore encourage all businesses and organisations, no matter their size, to adopt and roll-out our Fall Fighter training and donate to our appeal – together we have the potential to save lives.”

In support of the Fall Fighter scheme, early adopter Sarah Riesner, Business Lead – Strategy, Risk & Governance, Severn and Trent, said: “We’re proud to adopt this free scheme, and encourage our 7,500 employees to become RoSPA Fall Fighters.”

And Barry Oliver, Group Executive for Health & Safety, from national house builder Berkeley Group, added: “The Fall Fighter scheme fits well with our strategic focus. Adding it to our own Learning Management System makes the roll-out simple.”

For more information on how you can take part, visit: www.rospa.com/falls-appeal

Hybrid’s hidden danger

43% of organisations won’t carry out risk assessments for home workers

EcoOnline, a technology platform for safer workplaces, has revealed the findings from a Hybrid Working Study it conducted in December 2021.

Surveying health & safety professionals from 447 companies, the study suggests half of employers may need to reassess their health and safety provision (protection of health, safety & wellbeing) for hybrid workers. Worryingly, the data reveals that only one in two firms (52%) are providing safety training for staff based partly at home.

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Against the context of a shifting societal attitude towards the workplace, and a sharp increase in hybrid working models, these figures highlight how businesses must act now to adequately protect workforces in a more fluid and remote office environment.

This means organisations will have to adapt their approach to accommodate for each individual. For most organisations this home-working and hybrid model will mean a comprehensive risk assessment.

However, while nearly six out of ten firms are planning on carrying out new risk assessments for their hybrid team, there’s a substantial minority (43%) who don’t plan to do so.

Looking at how these assessments will be conducted, one in two will ask employees to fill out a risk-assessment form, while 37% will continue to use their current approaches along with an in-office assessment. A tiny minority (4%) will send health and safety professionals to their colleagues’ homes for an in-person review, and 3% will conduct online video assessments with managers or a H&S practitioner.

There are some gaps between the self-risk assessment provision and subsequent training. As you’d expect, almost all companies are asking about workplace ergonomics (97%) in the risk assessment, but only 14% plan to provide training in correct posture and workstation set-up.

The research found that, when it came to risk assessment, 84% highlighted stress (e.g. from overwork or isolation). While approaching nine out of ten claim managing stress will be covered in the learning sessions, only 10% say their company training covers avoiding isolation specifically and just 2% report that it will look at managing workload and scheduling breaks. However, some training programmes exploring stress or remote communications could well incorporate topics such as isolation and workload management.

Positively, 85% coach colleagues on remote communications. Common topics within the home risk assessment are electrical safety (81%), trip hazards (71%) and fire safety (71%) alongside heating and ventilation (61%).

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Ready or not

According to the results of the study, hybrid working is here to stay, yet only one in three are very confident their organisation is fully prepared for the management challenges hybrid working demands. However, only 4% said they were very unconfident that their leadership was ready for the new hybrid world.

Shrinking offices

29% of companies have already decided they’re reducing their office space provision, and 25% have this option on the table. Just under half (47%) are keeping their office estate as it is.

Workplace split

85% of companies expect to have some hybrid workers, with a third (31%) saying that over half of their teams will be hybrid. Despite the media conversation, presuming the prevalence of this mode of working, 15% of organisations will have no hybrid workers and around one in five will have less than 10% of their team splitting their time between home and work.

This shows a rapid change in working practices when we compare how most companies operated pre-pandemic: a third (36%) had no hybrid workers at all and four in ten had under 10% of their team working in this way.

When we examine the exact split between home and work there’s quite a variance. In just over half of organisations (57%), the home office split will vary by agreement with line managers or depending on business needs, rather than follow a regular pattern.

Not for all

17% of companies had declined requests for hybrid working, mainly due to space or home set up. Other reasons cited for having turned down hybrid working requests included isolation, back pain and mental health & wellbeing concerns.

Commenting on the study, Dr Catherine Jordan, Health & Safety Product Specialist, EcoOnline said, “Employers need to remember that their duty of care for their people’s health, safety and wellbeing extends to the at-home part of their working lives. Managing the blend of home and office working requires planning and communication. Risk assessment is an important precursor to any new working arrangement, but it is only one consideration in the successful management of worker safety, health and wellbeing.”

She added, “While the experience of the past two years has been seminal, it will only partly prepare workers and organisations for the changes now underway. Those businesses most likely to thrive in a hybrid working future will have; risk assessed the implications of a hybrid work model and the suitability of individuals’ homes for extended working, provided the right equipment and provided training in the planned approach, updated procedures and guidance to managing the safety, health & welfare of all in the new and changing world of work.

447 companies participated in the research, and most of the respondents were health and safety professionals.

NASUWT: Action needed to protect UK schools from Omicron

Teaching union the NASUWT is calling on governments across the UK to take urgent measures to protect schools from the Omicron variant of Covid-19.

In England the Union has released a joint statement with the five other trade unions representing the majority of education staff prior to the return of schools and colleges for the spring term. 

And in ScotlandWales and Northern Ireland the NASUWT has called for urgent action from the Scottsh Government, the Welsh Government and the Northern Ireland Executive to protect schools now.



Dr Patrick Roach, NASUWT General Secretary said: “Teachers have been on the frontline throughout the pandemic to support pupils and students and provide them with the best education possible.

“However, the rising number of cases of the Omicron variant could cause significant disruption in the next academic term with many teachers being forced to self-isolate.

“We must see immediate action to ensure that schools can continue to operate safely and provide high quality education.”

The statement below is from NASUWT, ASCL, GMB, NAHT, NEU and UNISON:
 
“There has been much speculation about the possibility of more disruption to education over the next academic term as a result of the Omicron variant of Covid-19.  
   
“As trade unions representing the vast majority of education staff, we wish to emphasise that teachers, leaders and support staff desperately want to be able to conduct face-to-face teaching for all children and young people on a consistent basis and without further interruption caused by the pandemic.  
   
“Education staff have moved heaven and earth to support pupils and students throughout the course of the crisis and they remain committed to providing the best possible support for all children and young people.  
   
“They are acutely conscious that this is essential particularly in supporting disadvantaged and vulnerable children and young people who have often been most badly affected by the pandemic both educationally and in terms of their wellbeing.  
   
“But last term education staff were more likely than other workers to test positive and therefore to have to self-isolate, inevitably leading to disruption of education.  
   
“Schools and colleges cannot on their own reduce the threat posed by the virus and they need from the Westminster government more than rhetoric about the importance of education.   
 
“We need the minimum amount of educational disruption this term in order to avoid a third successive year where GCSEs, A-levels and other exams have to be cancelled, and thereby removing the uncertainty and additional workload for students and teachers.  
    
“It is essential therefore that the government takes immediate and urgent steps to mitigate the risk of Covid transmission and that it provides more support to minimise disruption in schools and colleges by such steps as:    

  • Providing government-funded air cleaning units to every school and college classroom that needs these devices. While we welcome the provision of a small number of these units to special educational needs and alternative provision settings, the government’s decision to signpost all other schools and colleges to purchase this equipment from an ‘online marketplace’ is simply not good enough. We also question why the Westminster government takes such a different line on face coverings in secondary schools to Scotland and Wales when they use the same evidence. 
  • Committing to providing schools with more resources in the event that on-site Covid testing is again required. Secondary schools have once again been left in the lurch at the beginning of the spring term by being asked to set up and staff testing stations with little support from the government.  
  • Providing improved financial support to schools and colleges for the costs of supply staff to cover for Covid-related absence. The current government scheme contains so many complex conditions that it is inaccessible in many circumstances.  
  • Making it clear that all schools or colleges due for an Ofsted inspection this term can request that the inspection is deferred, and that their request will be automatically granted. This will enable teachers and leaders to focus on the immediate and urgent task in hand – that of supporting their pupils and students – and remove the unnecessary pressure and distraction of unhelpful inspections at this time. 

“As a new year begins, we urge the government to work more collaboratively and constructively with education workforce representatives to keep schools and colleges open. By working side by side, we can remove unnecessary burdens and find solutions with government in the interests of all children and young people.” 

Can your employer force you back into the office?

There have been reports of people being forced back to workplaces without proper consultation, even as Covid-19 cases remain high, or forced to stay at home due to money-saving office closures (writes TUC’s ALICE ARKWRIGHT). Employers should consult with unions to manage this period positively – rather than issuing directives.

So, what can you do if you feel like you’re being forced to stay at home or go back into the office?  

Talk to your colleagues

If your boss is asking you to return to the workplace or stay at home and you don’t feel comfortable, you should speak to other members and your union rep immediately – they may feel the same about the situation. 

If you raise the issue collectively with your employer, they’re much more likely to listen. Employers shouldn’t be imposing changes on anyone. You and your colleagues should clearly lay out what you want and why it’s beneficial for both you and your employer.  

There’s still limited access to childcare at the moment, so parents and carers may need specific arrangements. Your boss should be working with you and your workmates to understand this.  

And suggesting pay cuts for home workers, as we’ve heard in the media, is the last thing employers should be doing. People have shown huge flexibility during the pandemic and worked hard to keep the country going – now is not the time to be making threats.   

Brush up on health and safety 

There are lots of factors that your employer needs to think about at this time. Primarily, health and safety – is your workplace safe to be in and has your employer considered the mental health impact of returning to the workplace? 

This could include feelings of isolation with continued homeworking or anxiety about returning to the workplace. Our latest webinar provides all you need to know on health and safety at work since government restrictions were lifted.  

Know your rights 

You have certain rights when deciding where to work: 

  1. Employment contract 

Check your employment contract. You might have a “place of work” included and, it could be a breach of contact if your employer unilaterally imposes a change of location, without consent. This is important if your employer is saying you must work from home permanently.  

  1. Safety 

The virus hasn’t gone away, and workers will want to know what their employer is doing to keep them safe. It’s a legal requirement for bosses to carry out a workplace risk assessment. Employers must also carry out the actions that come from their risk assessment – this could include continuing with home working where possible.  

If you think there is a serious or imminent danger to you or your colleagues, you may have the right to leave work depending on the specific circumstances. The relevant law is Section 44 of the Employment Act 1996 and it covers all employees. More information on your health and safety rights on returning to work can be found here

And remember, your employer still has a duty to keep you safe when you’re working from home – see our guidance on risk assessments for homeworkers.

  1. Flexible working requests

Under current law, all employees have the right to request flexible working arrangements, this can include a request to change your location either permanently or for part of your working time. Any employee can make a request, you don’t have to be a parent or carer, but you must have been in the job for 26 weeks and you can only make one request per year.  

Employers have to review these requests fairly and respond within 3 months. They can turn down requests for ‘business reasons’ – but we’re campaigning for better flexible working rights for everyone. 

  1. Reasonable adjustments 

Employers have a legal duty under the Equality Act 2010 to proactively make reasonable adjustments to remove, reduce or prevent any disadvantages that disabled workers face. The law recognises that to secure equality for disabled people, work may need to be structured differently, support given, and barriers removed. This can include working from home.  

If you’re a disabled worker and have been working from home successfully during the pandemic, continuing to work from home could be a reasonable adjustment that your employer can provide, should you want it – but bosses must also provide reasonable adjustments in the workplace.  

  1. Right to time off in emergencies to look after children 

There are huge gaps in childcare provision leaving parents without the support they need to juggle work and care. If your employer has given you short notice to return to the workplace, by law anyone classed as an employee has the right to take time off work to help someone who is dependent on them in an unexpected event.

A dependent includes children but also a partner, someone you live with or a person who relies on you to make care arrangements. If you’re looking at any of these options, talk to your union and they can support you.

Finally, if you’re not in a union, join one.

Unionised workplaces have negotiated for additional access to flexible work and support to manage care that goes way above what you get under the law.  

You’re better off in a union – joining a union today

We’re currently running a survey on flexible working – have your say