Working together for Worker Safety

The statement calls on employers, trades unions and workers to work together to reach the right decisions on all workplace issues that arise throughout the coronavirus (COVID-19) outbreak and ensure workers are treated fairly.

Economy Secretary Fiona Hyslop said: “Partnership with workers and trades unions is crucial to making the right decisions to protect workers and ensure public safety while also helping businesses to stay open and keep people in employment.  

“Employers must allow their staff to follow medical advice to self-isolate or isolate with their households. Workers should never feel pressured to breach that advice. Fundamentally, employers should look to maintain jobs and pay their workers throughout this crisis, and to make use of Government support to achieve this.

“Scotland’s success as an economy is built on a shared endeavour between workers, unions and employers and this approach will help us get through this outbreak.

“It is now more important than ever that Scotland adopts Fair Work principles and practice to get through the COVID-19 health and economic crises and support businesses and their staff to get through this together with co-operation. Many companies are doing this and I thank them for it.”

STUC General Secretary Grahame Smith said: “This statement rightly sets out the high expectations that the Scottish Government and the STUC has that fair work principles will be fully applied by employers during the crisis to address the many concerns that workers are experiencing on the ground.

“Fundamental in all of this, is the need for unions and workers to be fully involved in making the key decisions. What constitutes fair work is not in the gift of employers.

We’ve seen already that some employers can’t be trusted to take decisions that respect the health and safety, the welfare and the incomes of workers. Unions can be trusted and have been demonstrating this throughout the crisis, working day and night to support workers, defending incomes and job security and ensuring that everyone can work safely when necessary or is empowered to stay at home.

“We welcome the commitment from the Scottish Government that it will use all of its influence to ensure that employers act in line with the principles set out in the statement.”

View the statement in full here.

Earlier this week the STUC today issued a stark warning to employers as it was inundated with complaints from workers about companies keeping open for non-essential work and pressuring employees to present for work even while business was suspended.

It warned employers that they could find themselves in implied breach of contract and face future constructive dismissal claims if judged to be endangering workers. With Government advice making clear that only essential work should continue, the burden of proof would be on the employer to prove they had acted reasonably.

The STUC also said that employers have a statutory duty to risk assess for COVID-19, as it is a ‘substance hazardous to health’, and to put in place a safe system of work.

STUC General Secretary Designate, Rozanne Foyer said: “While many employers have acted swiftly and correctly too many have not. This has caused general confusion and real alarm. Union offices across Scotland have been inundated with calls from members. Meanwhile the STUC is fielding questions by the minute from worried workers.

“Our advice to workers is clear, contact your union for support, join a union and in the meantime contact the STUC for advice. Speak to other workers and make a joint demand of the employer to present clear justification of a decision to compel you to work.

“Contact your health and safety rep if available or otherwise insist on seeing the full risk assessment your employer is obliged to undertake.”