Queen’s Speech: Broken promise on employment bill will see “bad bosses celebrating”

The TUC yesterday accused the government of “turning its back” on working people after ministers failed to include an employment bill in the Queen’s Speech.

  • Vital rights ministers had promised like default flexible working, fair tips and pregnancy discrimination protections risk being ditched “for good” 
  • New seafarer minimum wage plans are “unworkable” and won’t prevent a repeat of P&O, warns union body 

The TUC has accused the government of “turning its back” on working people after ministers failed to include an employment bill in the Queen’s Speech. 

The union body said that the government’s broken promise to boost workers’ rights will see “bad bosses celebrating”. 

In 2019, the government announced it would bring forward a new employment bill to improve people’s rights at work, but despite committing to the bill on at least 20 occasions, ministers have shelved the legislation.  

Commenting on the decision to exclude an employment bill from yesterday’s Queen’s Speech, TUC General Secretary Frances O’Grady said: “The prime minister promised to make Britain the best place in the world to work. But he has turned his back on working people. 

“Today, bad bosses up and down the country will be celebrating. 

“No employment bill means vital rights that ministers had promised – like default flexible working, fair tips and protection from pregnancy discrimination – risk being ditched for good. 

“And it means no action on the scourge of insecure work and ending exploitative practices like zero-hours contracts and fire and rehire. 

“After the P&O scandal, dragging our outdated labour laws into the 21st century has never been more urgent. 

“But by shelving the employment bill, ministers have sent a signal that they are happy for rogue employers to ride roughshod over workers’ rights. 

“Enough is enough. This is a government that just doesn’t get it – from the cost of living emergency to the insecure work epidemic.  

“People can’t wait for greater rights and security at work – they need it now.” 

On the seafarer minimum wage enforcement plans, O’Grady added: “This proposal is feeble and likely unworkable. The government has done nothing to tackle the most flagrant labour abuse in years by  P&O.  

“Only stronger employment legislation that boosts worker protections and stops companies firing on the spot will prevent another P&O-type scandal.” 

The TUC says that the following policies were all promised within an employment bill, and are now risk being ditched altogether: 

  • Ensure that tips go to workers in full. 
  • Introduce a new right for all workers to request a more predictable contract. 
  • Create a new single enforcement body offering greater protections for workers. 
  • Extend redundancy protections to prevent pregnancy and maternity discrimination. 
  • Make flexible working the default unless employers have good reason not to. 
  • Allow parents to take extended paid leave for neonatal care. 
  • Introduce a new legal entitlement to one week’s leave for unpaid carers. 

In addition, the government consulted on reasonable notice period for shifts allocated and cancelled, and payments for cancelled shifts, which the TUC points out the government has “since gone quiet on.” 

The union body also highlights that the government promise to make employers responsible for preventing sexual harassment risks falling by the wayside without the employment bill, as the policy needs primary legislation to carry it forward.

In the notes to the 2019 Queen’s Speech, the government said it would bring forward the employment bill to:  

  • Protect and enhance workers’ rights as the UK leaves the EU, making Britain the best place in the world to work.  
  • Promote fairness in the workplace, striking the right balance between the flexibility that the economy needs and the security that workers deserve.  
  • Strengthen workers’ ability to get redress for poor treatment by creating a new, single enforcement body.  
  • Offer greater protections for workers by prioritising fairness in the workplace, and introducing better support for working families.  
  • Build on existing employment law with measures that protect those in low-paid work and the gig economy. 

In the 2019 Conservative manifesto, the following promises were made on employment rights:  

  • We will create a single enforcement body and crack down on any employer abusing employment law, whether by taking workers’ tips or refusing them sick pay.  
  • We will ensure that workers have the right to request a more predictable contract and other reasonable protections. 
  • We will encourage flexible working and consult on making it the default unless employers have good reasons not to.  
  • We have reformed redundancy law so companies cannot discriminate against women immediately after returning from maternity leave.  
  • We will legislate to allow parents to take extended leave for neonatal care, to support those new mothers and fathers who need it during the most vulnerable and stressful days of their lives.  
  • We will look at ways to make it easier for fathers to take paternity leave.  
  • We will extend the entitlement to leave for unpaid carers, the majority of whom are women, to a week. 

The UK has one of the best workers’ rights records in the world, says UK Government

The UK has one of the best workers’ rights records in the world. As a result of government action, there are now more employees on the payroll than ever before, as we continue to support workers and build a high skilled, high productivity, high wage economy.

The government has protected and enhanced workers’ rights by:

  1. Making sure 2.5 million people received a pay rise in April by raising the minimum and living wage. The largest ever cash increase to the National Living Wage will put over £1000 a year into a full-time workers’ pay packet, helping to ease cost of living pressures. We’re helping younger people too, by lifting the minimum wages for under-23s and apprentices.
  2. Leading the world with one of the highest minimum wages in the world – more generous than those in similar economies such as France, Germany and Japan.
  3. Holding UK businesses to account, ensuring employees are getting what they are owed. In December we named and shamed 208 employers who had failed to pay the minimum wage – taking the total number of employers named since 2014 to around 2,500. We made sure these companies paid back their employees and paid the price with hefty fines for law breakers. We have also quadrupled the maximum fine for employers who treat their workers badly.
  4. Giving the lowest paid in society more control over when and where they work. The government just this week announced it will extend the ban on using exclusivity clauses to contracts where a worker’s guaranteed weekly income is below the Lower Earnings Limit, which is currently £123 a week. This ensures an estimated 1.5 million people have the option to pick up extra work if they want to, further increasing flexibility.
  5. Tackling appalling business practices, such as P&O Ferries firing their employees without consultation. Reporting them to the insolvency service and taking an active role in ensuring they treat their workers fairly, we also recently committed to producing a statutory code on fire and rehire practices to strengthen the rights of all employees. This will clamp down on controversial tactics used by employers who fail to engage in meaningful consultations with employees before making changes to their contracts.
  6. Closing a loophole which sees agency workers employed on cheaper rates than permanent workers.
  7. Recognising the importance of flexible working arrangements by announcing a wide-ranging package of measures to help give employees more flexible working options in the future, including seeking views on making flexible working the default unless employers have good reason not to.
  8. Offering generous leave entitlements, continuing with our aim to make the UK the best place in the world to live and work. Workers get over 5 weeks of annual leave and a year of maternity leave, while the EU minimum for maternity leave is just 14 weeks.
  9. As part of this, we also brought into force a world first, giving parents a new legal right to 2 week’s paid bereavement leave for those who suffer the devastating loss of a child, irrespective of how long they have worked for their employer.
  10. Giving all workers the right to receive a statement of their rights from day one.
  11. Supporting workers throughout the pandemic, taking steps to protect the earnings of workers through furlough, including a new law to make sure furloughed employees who were made redundant received full redundancy payments.
  12. And of course, all this action to support workers’ rights has come alongside the government’s unprecedented £9bn package to support families with the cost of living, including a £150 council tax rebate, and a £200 energy bill discount to cut energy bills for the vast majority of households.

Scottish Secretary responds to Queen’s Speech

Scottish Secretary Alister Jack said: “This is a Queen’s Speech which delivers for Scotland and the whole of the UK.

“Measures in the Queen’s Speech will help us grow our economy, so we can continue to recover from the pandemic, tackle the rising cost of living and level up across the country.

“We will bring in a range of measures to make our country safer, from tackling state-sponsored espionage, to cracking down on modern slavery.

“We will show leadership with a series of ambitious reforms which will support citizens across the United Kingdom.

“We will continue to maximise the benefits of Brexit with legislation to cement our fantastic trade deals with Australia and New Zealand, and remove outdated EU laws. Outside of the EU, the UK will continue to prosper and thrive.”

The top cybersecurity threats for 2022: and what businesses can do to protect themselves

As we enter into a new year, cyber crime continues to threaten businesses. Cyber attacks cost the global economy an estimated $6 trillion USD in 2021, and the costs are predicted to increase for 2022.

Since the beginning of the pandemic, hackers have been quick to exploit the growth in home working practices. Small businesses also reported an increase in attacks, and with 60% closing within six months of falling victim to a data breach, establishing a comprehensive cybersecurity strategy has never been more important.

Anthony Green, CTO and cyber crime expert at FoxTech, discusses what businesses should watch out for in the coming year: “In 2022, with many organisations implementing flexible working policies, and bringing personal devices into the office, it’s important to understand how cyber attackers might continue to exploit our changing working practices.

“It is often easier for attackers to breach home network devices, so when personal devices are being used to access company data at home, or brought into the office and connected to company networks, it can expose their system to hackers searching for vulnerabilities to exploit. With hybrid working policies expanding companies’ cyber risk, it’s vital to be aware of what the threats are, and how to prevent attackers gaining access.” 

To help businesses plan their cybersecurity strategies, FoxTech has put together a guide to the top predicted cybersecurity threats for 2022, and what organisations can do to protect themselves:

Ransomware

Ransomware was the defining force of cyber attacks in 2021. Hackers infiltrate a system, steal sensitive data and demand a ransom for its return. Ransomware attacks surged by 144% in 2021 from the previous year, and the problem is only expected to develop in 2022.

Anthony comments: “A spate of high-profile ransomware attacks in 2021 has led many organisations to review their cyber risk controls and implement more effective strategies against data loss.

“While this might make it more difficult for cyber criminals to mount traditional ransomware attacks in the short term, attackers are incredibly agile, so we are expecting their strategies to shift in the coming year”

“To prevent your business from falling foul to a ransomware attack, there are two things to consider:

  • Preventing an attacker from gaining network access – investing in an external security assessment is the most reliable way to discover your vulnerabilities. Cybersecurity experts can then configure your security tools to protect you from the latest methods of attack.
  • Catching an attacker before it’s too late – it can take months for an attacker to gather the data they need to demand a ransom. Working with an external, specialised cybersecurity company that can monitor your system and quickly alert you to any suspicious activity can be the difference between a minor incident and devastating financial loss.

“Constant systems monitoring – by someone who is aware of developments in attackers’ tactics – will be more important than ever, as cyber criminals are looking for new ways to circumvent security operations. Currently, businesses are subject to 10,000 attempted attacks a day, but it often takes months for hackers to infiltrate an organisation’s most well-protected data. Catching a threat straight away, and acting quickly to mitigate the effects of a breach, will prevent attackers from stealing enough sensitive data to deliver a ransom.”

Phishing

Over 75% of cyber attacks start with someone opening a malicious email. These emails are designed to extract data from the recipient, usually a password, which is used to gain further access to an organisation’s network. Once an account takeover has been successful, hackers are able to mount more sophisticated attacks.

So how can businesses protect themselves from phishing scams?

Anthony comments: “Security awareness training is essential. Only 14% of UK companies perform cybersecurity awareness training, but educating employees on how to spot phishing scams is crucial.

“Things such as shortened links, an impersonal address, or anyone asking for private information, can all indicate that an email is not legitimate, even if it appears to come from a trusted source.”

The NCSC provides free security awareness training available here: 

https://www.ncsc.gov.uk/training/top-tips-for-staff-scorm-v2/scormcontent/index.html

It is also imperative to set up Two Factor Authentication on email accounts and ensure the secure configuration of your email service.

Business Email Compromise Attack

In 2022, when so much business will be conducted through online conversations between remote workers, organisations need to be aware of business email compromise attack – also known as ‘conversation hijacking.’ These attacks are well-researched, and highly personalised, making them difficult to detect and very effective.

This kind of attack usually comes once access has been gained through a phishing attempt. A hacker reads through breached emails to learn as much as they can about business practice and payment details.

Next, they will use this information to craft seemingly authentic messages which can be sent to both employees and customers, with the aim of tricking them to transfer money or update their payment information.

“A scam that we are seeing more and more frequently is when a hacker impersonates an organisation’s CEO to redirect large payments to their own accounts,” says Anthony.

“Once this money has been lost, it is almost impossible to retrieve, so it really is crucial to prevent hackers gaining access in the first place – and to have your accounts frequently and carefully monitored by cybersecurity experts who can spot an intruder before the final attack has been mounted.”

Companies interested in finding out their cyber risk score can order this for free from FoxTech here: Get in touch | FoxTech (foxtrot-technologies.com).

NHS Lothian: Please wait for Covid Vaccine Booster invite

Frontline health and social care workers and those aged 70+ are currently being invited forward for the COVID-19 Vaccine Booster to provide longer protection against coronavirus.

Others who are eligible for the vaccine will be invited forward soon.

Visit http://nhsinform.scot for more information.

Chief Medical Officer urges pregnant women to get vaccinated

“By far the best course of action for you and your baby is to get both doses of the vaccine”

Scotland’s Chief Medical Officer is urging pregnant women to get the coronavirus (COVID-19) vaccine to protect them and their baby.

Following a recent study showing evidence of increased hospitalisations, Dr Gregor Smith is encouraging all expectant mothers to discuss the vaccine with their healthcare professionals so they can make a fully informed choice.

The UK Obstetric Service (UKOSS) published research last month which showed the number of pregnant women being admitted to hospital with COVID-19 across the UK is increasing, with many experiencing acute symptoms.

The report also suggests the Delta variant is associated with an increased risk of severe illness among hospitalised pregnant women.

Dr Smith said: “Firstly I want to thank all our healthcare staff for everything they are doing across Scotland not just in relation to the wider vaccination programme but also for their efforts to ensure good outcomes for women, families and babies during the pandemic.

“We have written to heath boards and GPs to ensure they are aware of all the latest evidence-based advice and guidance to enable them to fully discuss the very clear positive benefits of the vaccine with their patients.

“Recent data shows the number of pregnant women being admitted to hospital with COVID-19 has risen, and that is concerning. Evidence suggests that the Delta variant may be associated with an increased risk of severe illness among hospitalised pregnant women.

“We want all pregnant women to have the information they need to make an informed choice, so if you have any concerns or questions, please speak to your midwife, GP, or go along to a drop-in clinic. By far the best course of action for you and your baby is to get both doses of the vaccine.”

UKOSS study

NOTE: 3,613 new cases of COVID-19 were reported in Scotland yesterday. The trend is upwards – this pandemic is far from over.

Two metre distancing to remain in healthcare facilities

Physical distancing will remain in place at health care settings across Scotland from Monday (August 9) when COVID-19 restrictions are lifted elsewhere in the country.

Hospitals, GP surgeries and dentists will be among the locations which will continue to observe the current two metre distancing requirement to help control the spread of the virus.

The measure will be reviewed as the NHS remobilises safely from the pandemic.

Health Secretary Humza Yousaf said: “The safety of patients and healthcare staff is paramount.

“As we move beyond level 0, we must remember that the  virus has not gone away and safeguards like distancing may be needed in some settings as we learn to live with COVID-19.

“Physical distancing in our health system will remain for now as we move safely out of lockdown.

“We will keep the situation under review and will publish a plan for the safe recovery of our NHS in the coming weeks.”

Deputy Chief Nursing Officer Anne Armstrong said: “Hospitals and other health care settings have developed new ways of working to meet the challenges of the pandemic, but there is still a risk of hospitalised cases and winter threats.

“Physical distancing will help protect staff and patients as part of the ongoing management of confirmed or suspected COVID cases.”  

USDAW hails protection for Scottish shopworkers as MSPs pass new law

Retail trade union Usdaw has welcomed yesterday’s unanimous vote in the Scottish Parliament for a ground-breaking law to protect shopworkers. This follows a long campaign by the union for new legislation to tackle growing violence, threats and abuse against retail staff.

The Protection of Workers (Retail and Age-restricted Goods and Services) (Scotland) Bill was successfully steered through the Scottish Parliament by Daniel Johnson MSP (Labour, Edinburgh Southern).

Stewart Forrest, Usdaw’s Scottish Divisional Officer, said: “We are grateful for the support of MSPs and congratulate Daniel Johnson MSP on securing ground-breaking legislation to protect shopworkers from violence, threats and abuse. We hope the UK Government will now follow suit to protect shopworkers in the rest of the UK.

“Retail staff have been on the frontline throughout the coronavirus crisis, helping to keep our communities fed, despite the risks of contracting the virus. Yesterday the final results of our 2020 survey showed that 9 in 10 shopworkers had been abused last year. This new law firmly backs up Usdaw’s clear message that abuse is not part of the job.

“We are now looking to work with the Scottish Government, police and retailers to promote the new law. We want criminals to understand that assaulting and abusing shopworkers is unacceptable and will land them with a stiffer sentence. Our hope is that this new legislation will result in retail staff getting the respect they deserve.”

Paddy Lillis, Usdaw General Secretary, said: “The Scottish Parliament is leading the way on protection of shopworkers by passing this Bill. It is a great result for our members in Scotland, who will now have the protection of the law that they deserve. We are grateful to Daniel Johnson for steering this important legislation through the Parliament.

“We have been deeply disappointed with the UK Government’s response to our campaign, offering little more than sympathy and their objecting to protection of shopworkers legislation. So we are looking for MPs to support key workers across the retail sector and help turn around the UK Government’s opposition.”

Animals and Wildlife Act comes in to force in Scotland

New measures to increase the maximum available penalties for the worst cases of animal cruelty have come in to force.

Taking effect from 30 November, the Animals and Wildlife (Penalties, Protections and Powers) (Scotland) Act 2020 increases the maximum penalty for the most serious animal welfare and wildlife crimes to five years imprisonment and unlimited fines.

These tougher penalties will be available to courts when convicting those who are involved in animal fighting, causing unnecessary suffering to animals or committing a wide range of serious crimes against wildlife.

In addition, the new ‘Finn’s Law’ will prevent those who attack or injure service animals in the course of their duties from claiming they did so in self-defence. The law is named after a police dog called Finn who was injured whilst pursuing a suspect with his handler in England in 2016 and sustained serious injuries.

Other parts of the Act will create flexible new powers to allow various Fixed Penalty Notice (FPN) regimes to be developed for a wide range of less serious animal health, animal welfare and wildlife offences, outwith the court system. These will be introduced in future secondary legislation.

Changes to restrict the licensed killing of seals are due to take effect from 1 February 2021.

The Scottish Government is also preparing a report to be laid before the Scottish Parliament by 1 March 2021 on the use of acoustic deterrent devices on fish farms.

The reclassification of mountain hares as endangered animals, which will protect the species from being killed, injured or taken (except under licence for certain limited purposes) at any time of the year is expected to come into force on 1 March 2021, subject to certain permitted exceptions.

The introduction of new powers to deal more quickly with animals seized to protect their welfare will be brought forward at the earliest opportunity in 2021.

Rural Affairs Minister Mairi Gougeon said: “We take animal welfare and wildlife crime very seriously, and we are committed to ensuring Scotland’s animals have the best possible protection, including our dedicated service animals.

“The vast majority of people in Scotland treat animals and wildlife with respect and care, however the small minority who don’t will be held accountable with consequences that reflect the severity of their crime.”

Scottish Society for Prevention of Cruelty to Animals (SSPCA) Chief Superintendent Mike Flynn said: “As Scotland’s animal welfare charity, the Scottish SPCA has long campaigned for harsher sentences for animal and wildlife crime and it is fantastic to see these come in to effect. Sentencing must act as a deterrent and we are hopeful increasing sentences and fines will achieve this.

“A number of the proposals due to come in to force will be transformational. We seize thousands of animals for welfare reasons every year, so the prospect of new powers to get these animals in to a home more quickly is welcome. Currently, animals can spend months or even years in our care and we look forward to working with the Scottish Government to implement the reforms as soon as possible. The Act will enhance Scotland’s position as a global leader in animal welfare standards.”

Finn’s handler PC Dave Wardell said: “Every day in Scotland our brave police dogs and horses put themselves in harm’s way to look after us and protect society.

“To see these amazing animals receive the protection in law that they so rightly deserve is a great moment in my life. Thank you.”

Holyrood support for shop workers

The Economy, Energy and Fair Work Committee yesterday announced its unanimous support for the general principles of the ‘Protection of Workers Bill’ after it published its Stage One report on the bill.

The Bill, which seeks to increase protection for retail workers, was introduced by Daniel Johnson MSP.

While taking evidence the Committee heard compelling stories of the unacceptable violence, threats and aggression that retail workers are subject to. The Committee was told that workers who sell age restricted goods have a special role in upholding the law and this can sometimes trigger violence and abuse.

The Committee was also concerned to hear that shop workers do not always report these crimes. Some workers think it is a normal part of their job or believe that it will not be taken seriously by their employer or the police.

The Committee heard that there needs to be greater awareness of the scale and seriousness of these crimes among members of the public, retail staff, retail employers and the police.

 Committee Convener Michelle Ballantyne MSP said: “Retail workers have always played a key role in Scotland’s communities; however, the role that they have played over the last few months has been phenomenal.

More than 375,000 people in Scotland work in the retail sector and all of them deserve our thanks. They have been at the heart of members’ consideration of this bill. 

“The abuse that retail workers face every day just for doing their jobs is completely unacceptable. Each incident is one too many and the Committee welcomes the bill’s aim to provide greater protection, especially where retail workers are enforcing age restrictions. Abuse must be taken seriously and crimes must be reported to ensure that these matters are given the priority they deserve.”

While approving the general principles, the Committee has invited Daniel Johnson MSP to work proactively with the Scottish Government to help address reservations that the Committee has with regards to the legislation. 

Michelle Ballantyne MSP added: “The abuse of retail workers is clearly a problem and it needs to be addressed. That is why we are supportng the general principles of the bill today.

However we are also clear that this bill is far from the finished article. Work needs to be done to ensure that the bill increases protection for retail workers in a clear enforceable way.

“I look forward to the Member working with the Scottish Government before the Committee considers the bill at Stage Two.”

Shopworkers’ trade union Usdaw has welcomed the Scottish Parliament’s Economy, Energy and Fair Work Committee unanimously passing to the next stage the Protection of Workers (Retail and Age-restricted Goods and Services) (Scotland) Bill, promoted by Daniel Johnson MSP (Labour, Edinburgh Southern).

Usdaw calls for MSPs to support the measure when it is debated at stage 2.

Stewart Forrest, Usdaw’s Scottish Divisional Officer, said: “We thank the all-party committee for their diligence, unanimous approval of the general principles of the Bill and recognition that retail workers are subject to unacceptable violence, threats and aggression every working day.

“Also their understanding that age-restricted sales is a major flashpoint, where shopworkers are at risk because they enforce the law to help keep our communities safe.

“Throughout the coronavirus emergency shopworkers are ensuring that Scotland remains fed. Shopworkers are at an increased risk of contracting Covid-19, yet they have continued to go to work and help respond to the crisis. Despite this, we have seen abuse, threats and violence against shop staff double this year.

“However abuse of shopworkers is a problem in more normal times and, in our view, the current legal provisions do not sufficiently protect them. The Scottish Government has indicated they too support the intentions of the Bill and will engage in the details of it. We hope that will lead to a change in the law to better protect shopworkers.”

Paddy Lillis, Usdaw General Secretary, said: “This is very welcome news and we hope it will result in the Scottish Parliament leading the way on protection of shopworkers, as they did with emergency service workers, and pass this Bill.

“At a time when we should all be working together to get through this crisis, it is a disgrace that people working to keep food on the shelves are being abused and assaulted. Action is required. Our message is clear, abuse is not part of the job.

“Retail staff are key workers delivering essential services and that role must be valued and respected, they deserve the protection of the law. Shops are the cornerstone of our communities and we continue to work with the employers to improve health and safety for staff. We also call on customers to stay calm and respect shopworkers.”

Consumers face losing thousands amid travel protection breakdown

Which? is warning urgent action is needed to protect consumers who face losing large sums of money amid a breakdown of the system of travel protections.

The consumer champion has been inundated with messages and requests for help from people who face losing large sums – with some airlines and package travel providers refusing to meet their legal obligations to issue refunds for cancelled flights and holidays.

While Which? supports the government exploring options to help the travel industry, it is demanding that the crisis not be used as an excuse to undermine consumer protections. Reports of some package providers refusing refunds running into thousands of pounds in expectation of changes to the law are unacceptable.

Which? has heard from a family who were meant to be travelling to a wedding in Italy and whose flights have not been cancelled, despite Foreign Office (FCO) guidance against going to the country hardest hit by the virus.

Instead, the airline is offering to switch their flights to more expensive ones in the future. In some cases this can cost as much as £100 more per person.

The consumer champion has also been contacted by unhappy airline customers who are being offered vouchers instead of being refunded, with many complaining that they have received no clear guidance from their airline about what the next steps will be.

All flights on EU carriers in or into the EU and all flights leaving from an EU airport are protected by the EU’s Denied Boarding Regulation, which requires refunds or rerouting when flights are cancelled.

People have also been in touch reporting that their travel agents are refusing to offer refunds for cancelled holidays, despite travel regulations. Dozens of holidaymakers due to travel to France in the coming weeks have told  Which? that their travel agent is refusing to issue a refund.

One customer was refused a refund for his holiday with a well-known beach holiday specialist. The customer faces losing £2,300 and the only options being offered are a credit note or rebooking. And, that if he decided to cancel instead, he would have to try to claim on his travel insurance.

The law says you are entitled to a full refund if your package holiday is cancelled because of extraordinary circumstances at the destination – so you do not have to accept a credit note.

Faced with these difficulties, many people are finding themselves pushed from pillar to post between airlines, tour operators and insurance companies – whose policies are not set up for providers failing to fulfill their duties in this way.

Which? has also heard from holidaymakers who have fallen foul of little-known exclusions in insurance policies – meaning they were not covered for cancelling an upcoming trip, even after the FCO advised against travel to their destination.

Many more people are concerned that they will be uninsured for upcoming trips booked well before the coronavirus outbreak as insurers make sudden changes to their policy terms and conditions.

Taken together, these issues represent a serious breakdown of the current system of travel protections, which is vital to ensuring millions of consumers have the confidence to book expensive holidays and flights abroad.

Urgent action is needed to protect consumers amid the crisis in the travel industry. It is vital that any emergency measures under discussion, such as credit notes replacing refunds for package holidays, include strong guarantees or protections so consumers know they are not at risk of losing their money if a travel firm fails.

And while consumers with holidays booked under the current regulations may choose to accept a credit note, their right to claim a refund must not be taken away retrospectively by any changes to the law. The hard-earned money of thousands of holidaymakers – who may be facing difficulty themselves – must not be used as a backdoor bailout of the travel industry, when direct government support is being used in other sectors.

While the current uncertainty continues, airlines must respond swiftly to this fast-moving situation by informing passengers about what is happening with future flights, and show flexibility with rebooking options if a flight has not been cancelled.

Insurers must also heed last week’s warning from the FCA about treating customers fairly and work with the government and travel industry on solutions to tackle the coronavirus crisis, as the public must have confidence that they will be covered when they travel.

Rory Boland, Which? Travel Editor, said: “We’ve heard from hundreds of people who face losing large sums of money because their travel plans have been left in tatters or they have been abandoned abroad and face extortionate bills to get home.

“It’s vital that the government, insurers and the travel sector work together to tackle the huge challenge posed by coronavirus, as the travel industry depends on people having confidence that they will be protected in times of crisis.”

Which? is a non-profit organisation working to make life simpler, fairer and safer for consumers. During the coronavirus crisis, Which? is making a range of news, advice and guides available for free for anyone who needs it at https://www.which.co.uk/news/coronavirus  

USDAW: Shopworkers need legal protection

Too many shopworkers are assaulted and they need the protection of the law, Usdaw will tell a Scottish Parliament Committee today.

Shopworkers’ trade union Usdaw will today give evidence to the Scottish Parliament’s Economy, Energy and Fair Work Committee in support of the Protection of Workers (Retail and Age-restricted Goods and Services) (Scotland) Bill, which is being promoted by Daniel Johnson MSP (Labour, Edinburgh Southern).

The Committee will meet at 9.45am in the Scottish Parliament’s David Livingstone Room (CR6).

As well as taking evidence from Usdaw, the committee will also hear from: Law Society of Scotland; Police Scotland; Scottish Grocers’ Federation; Scottish Retail Consortium; The Scottish Beer and Pub Association; Co-operative Group, and GMB.

Usdaw’s 2019 Freedom From Fear survey of over 1,000 Scottish retail workers shows that:

  • More than 6 in 10 Scottish retail workers experienced verbal abuse.
  • 32% were threatened by a customer.
  • 2.3% were assaulted, which amounts to more than 15* assaults every day across all of Scotland’s shopworkers.

Stewart Forrest, Usdaw Scottish Divisional Officer, said: “Violence, threats and abuse against workers is totally unacceptable and we welcome the opportunity to give evidence in support of Daniel Johnson’s Bill.

“The statistics are shocking, showing that on average a Scottish shopworker can end up on the wrong side of a verbal or physical assault more than once every three weeks. Our message is clear, abuse is not a part of the job.

“Life on the frontline of retail can be pretty tough for many shopworkers and there is still a lot to do to help protect them. We launched our Freedom From Fear Campaign in the face of growing concerns amongst retail staff about violence, threats and abuse. The campaign works with employers to promote respect.

“There needs to be a simple stand-alone offence that is widely recognised and understood by the public, police, the judiciary and most importantly criminals. Retail staff have a crucial role in our communities and that role must be valued and respected, they deserve the protection of the law.”

Voices from the Scottish frontline: 

As part of Usdaw’s survey of violence, threats and abuse against shopworkers, respondents have the opportunity to feed back their experiences, here are some examples from Scotland:

Alcohol: Aberdeen – “Customer under influence refused alcohol and became abusive and threatened staff.” Bellshill – “Because Scottish licencing laws are not clear to customers, I receive abuse on a regular occurrence.” Irvine – “Daily abuse from customers under the influence of drugs and alcohol”. Glasgow – “Couldn’t sell alcohol before 10 am got an earful and told I’d ruined her life.” Aberdeenshire – “Refused customer alcohol as they were drunk they tried to grab my hair and grabbed hold of my shirt.”

Age-restricted sales: Broxburn – “Customers very aggressive when refused sale of age restricted products, particularly alcohol. They think it’s ok to shout and swear at you using language that is disgusting and personal insults.” Fife – “ID’d someone who looked about 19, called a ‘ginger c**t’.” Fraserburgh – “Refused customer cigarettes and they started shouting and swearing”. Stranraer – “I was sworn at when I refused sale of a restricted item without ID”.

Throwing goods: Inverurie – “Customer threw items of their shopping at me as they were unhappy about the price.” Aberdeen – “I asked some youths to leave the store and they started throwing things at me.” Dalkeith – “One time a customer threw a computer at the manager.” Stenhousemuir – “His scotch pie, was not hot, he threw it back at me, and it hit my face.”

Sexual harassment: Fife – “Customer talking to members of staff inappropriately forcing members to be feel uncomfortable.” Moray coast – “Usually more sexual harassment that makes me feel extremely threatened and unsafe” Glasgow – “Got flashed by a customer, have had customers grab me and comment on my breasts.”

Shoplifters: Fife – “Shoplifter tried to head-butt me”. Braehead – “Chasing shoplifters – threatened with knife and syringes.” Glasgow – “Shoplifter tried to headbutt and kick me whilst he was being detained. Threatened to find my family using social media and slash their faces.”

Belittling: Wick – “Asked if I was stupid, spoken to like a child.” Dumfries – “I was asked if I was a normal person or not.” Dunfermline – “A customer once told me he wished I’d go away and kill myself for trying to do my job helping him.” Glasgow – “I have been called a fat cow and a jobs worth from shoplifters”.

Assault: Dingwall – “One customer elbowed me on purpose when I went past.” Greenock – “Was attacked and a fag stubbed out on my face.” Stirling – “Shoplifter pushed me over dislocating shoulder”.

Verbal abuse: Dundee – “I have had customers shout at me if something doesn’t go right and called many names, such as b***h and c**t.” Inverness – “A Woman was very upset about our lack of 10p bags and got verbally abusive.” Kilmarnock – “People being rude and bad mannered if they have to wait more than a minute in a queue.”

After work: Edinburgh – “I have been stopped in the street going home and verbally abused by a family member of a shoplifter that I had caught previously that day. I feel very uncomfortable being put in that situation as these people know where I live and are known to be violent!” Irvine – “Got threatened to be done away with because I closing the store!” Glasgow – “Threat to be stabbed, have car smashed up, to be met when finished work, called names, spat at. The list goes on”.