STUC warns hospitality employers not to pass the burden onto workers as businesses reopen

Edinburgh pub worker calls on hospitality staff to join a union

Commenting on the re-opening of indoors hospitality, Roz Foyer, General Secretary of the STUC has reminded employers that workers are preparing to resist detrimental changes to contracts and conditions associated with the safe return to work.

Roz Foyer said: “Indoor hospitality re-opening safely depends on changes to working conditions. But these must not be allowed to come at a cost to workers.

“Workers are the heart of hospitality, but for too long employers have been able to pass the unstable condition of the industry onto their staff.

“We will not forget the businesses who refused to furlough their staff during this pandemic, and who have treated workers callously with attempts to make them sign away their terms and conditions in order to ringfence profit or prevent unexpected costs.

“From cafes like Coias in Dennistoun to cinema chains like Cineworld, workers have come together to win their demands in the return to work period.

“If you are asked to work differently or to sign a new contract, don’t accept, delay, and work out with your colleagues whether you are happy with the proposal. Then join a union and take action.”

Matthew Waddell, 19, who returned to work at the Diggers pub yesterday, urged workers to be prepared to resist the prospect of changes to work and conditions.

He said: “The incoming economic crisis should be a call to all workers to join unions, unionise their workplaces and make sure those unions are active.

“The precarious nature of hospitality work and the effect a COVID recession will have on it makes unionisation all the more urgent.

“The Better Than Zero campaign against precarious work is on hand to give guidance and support for hospitality workers and any other workers who do not have unions.”

STUC publishes red lines for action before relaxing lockdown

The STUC has published it’s ‘red lines’ for action before any relaxation to the current lockdown should be considered. It has also released its letter to Alok Sharma raising serious concerns about UK approach to workplace guidance.

STUC’s red lines

  1. Capacity for greater testing and a return to contact tracing
  2. Capacity to supply PPE to non-essential workplaces
  3. Sectoral Guidance needs to be agreed between unions and employers
  4. Effective enforcement measures must be in place.
  5. A continuation of the job retention scheme and other support for those who cannot work.

In its letter to Mr. Sharma, the STUC criticises the UK Government for a failure to properly consult, for sending mixed messages ahead of Sunday’s announcement and for producing weak workplace guidance to date which will likely cause safety issues and problems within a workplace context and may even put lives at risk.

The STUC will only support a four-nation approach if the UK Government puts safety of workers and the general public first.

It is calling on the Scottish Government to maintain and strengthen its safety-first approach and to continue to work closely with the STUC to prepare detailed safety guidance for different industrial sectors.

The STUC also pledged support for any workers who collectively refuse to return to work because of legitimate safety fears.

STUC General Secretary Designate Rozanne Foyer said: “Ahead of the Prime Minister’s much trailed announcement on Sunday, there have been a series of mixed messages and confusing briefings emanating from Number 10.

“Any move towards lifting restrictions on workplaces re-opening must be evidenced based, open and transparent and be for the four nations of the UK if possible. However, the four-nation approach is only possible insofar as the UK Government prioritises safety over profit and takes into account the levels of infection across each part of the UK. We will not support a four-nation approach if it puts additional lives at risk.

“Equally, there must be no weakening of the Scottish Government’s resolve. That is why we have published our five key principles which outline the measures which must be in place before return to work commences in any non-essential workplace.

“We need to be far further ahead in testing, have a proper contact tracing system in place, have ready supplies of PPE for any workplaces that is to re-open, and have enforcement measures in place.

“Each work sector must be treated according to its distinct characteristics and governed by guidelines agreed with unions. And there must be no implied threat of loss of income for workers not able to return to work. The job retention scheme must stay in place with no further reductions in levels of pay support.

“And we have a very clear message to employers and to all levels of government. If workers have legitimate safety fears, unions will use all means at their disposal to keep them safe and the STUC will support any action aimed to protect workers in Scotland.”

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STUC Alok_Sharma letter

STUC warns employers over contract and health and safety breaches

The STUC has issued a stark warning to employers following 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.”

Working together for Worker Safety

Economy Secretary Fiona Hyslop and STUC General Secretary Grahame Smith have issued a joint statement outlining the shared commitment to fair work practices in Scotland.

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.”

Comments on the general election result

With all the votes now counted, the Conservatives now have a clear majority at Westminster. They have 365 seats, while the Labour Party had a disastrous night – their worst since the 1930s.

But while England voted to ‘get Brexit done’, it was a markedly different story north of the border where the SNP cemented their position as the dominant force in Scottish politics, winning 48 of the 59 seats- a rise of 13. Continue reading Comments on the general election result

Sorry We Missed You: screening and panel discussion

THURSDAY 21st NOVEMBER at CAMEO CINEMA

5:45 – 8.45pm

Join us for a special screening of Ken Loach’s new film Sorry We Missed You followed by a panel discussion. Continue reading Sorry We Missed You: screening and panel discussion

Film & Discussion: I, Daniel Blake

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Hello,
You are invited to the following event:

I DANIEL BLAKE + Q&A

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Event to be held at the following time, date and location:

Saturday, 26 November 2016 from 10:00 to 13:00 (GMT)

Cineworld Fountainpark
30/3 Dundee Street,
EH11 1AF Edinburgh
United Kingdom

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You are invited to a private screening of the film I Daniel Blake with a Q and A on Saturday 26th November at Cineworld Fountainpark Edinburgh.  The film will be followed by a Q&A session which will begin immediately after the film screening.

On the panel will be Peter Kelly, Director of Poverty Alliance,  Bill Scott from Inclusion Scotland,  Paul Laverty,  script writer for IDB,  Jack Munro National campaigner around IDB,   Sacha Callaghan,  Disability History Group, a spokesperson for the STUC and a representative of the Scottish Parliament. 

We hope you can join us and participate in this event.

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We hope you can make it.

Best,
Action Against Austerity

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Sturgeon moves to cushion Brexit damage

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First Minister Nicola Sturgeon has announced measures to support and stimulate the economy in the wake of the EU referendum.

Capital spending on projects to support and create employment will be accelerated, starting with an additional £100 million of funding in this financial year. The capital funding will be used to speed up delivery of health and other infrastructure projects.

Projects will be assessed for accelerated funding against a range of criteria including how quickly work can start, the number of jobs that will be supported or created, the likely impact on the supply chain and geographic spread.

The Scottish Government will also set up a new dedicated service to provide information and support to businesses affected by the EU referendum, while a new Post-Referendum Business Network will work closely with the main business bodies, the STUC and the Scotland Office.

The plans were announced at the Golden Jubilee which will receive an extra £5 million to bring expansion of its elective centre forward from 2018-19 to this year.

Further details of the Capital Acceleration Programme, including the projects to be supported by the initial £100 million of additional funding and details of funding for future years, will be announced in due course.

The First Minister also called on the UK Government to give early certainty about EU Structural Funds and to urgently announce its own economic stimulus package, which would enable the Scottish Government to do even more to accelerate capital spending.

The First Minister said: “As I have made clear since the EU referendum, the Scottish Government will pursue all possible options to protect Scotland’s relationship with the EU and ensure that our voice is heard.

“However, it is also important to act now to support and stimulate the economy.

“Scotland is and remains an attractive and stable place to do business – however, there is no doubt that the referendum outcome has created deep and widespread uncertainty, with the impact on jobs and investment already being felt.

“The UK Government has not yet taken any meaningful action to alleviate uncertainty or to boost confidence.

“Scotland is and remains an attractive and stable place to do business – however, there is no doubt that the referendum outcome has created deep and widespread uncertainty, with the impact on jobs and investment already being felt.

“The UK Government has not yet taken any meaningful action to alleviate uncertainty or to boost confidence, and there are very real concerns that the damage to the economy and to jobs will be severe and long lasting.

“It is against this background that the Scottish Government is announcing early action to boost confidence, stimulate economic activity and support business.

“Our Infrastructure Investment Plan is already delivering major infrastructure improvements, with projects worth almost £6 billion currently under construction – we will now inject a further £100 million of spending this year to accelerate planned projects.

“We will also provide business with wider support to help them navigate the uncertainty caused by the referendum result. Business organisations have asked for a single point of contact and we will shortly launch a new Business Information Service that will provide up-to-date information and advice, and answer questions from individual businesses, going some way to alleviate business concerns about the future.

“We will also establish a new Post-Referendum Business Network, to work more closely and collaboratively with the main business bodies, the STUC and the Scotland Office to help shape future policy and support for business.

“These three initial measures will help support new and existing jobs and alleviate business concerns at this difficult time.

“However, it is important that the UK government also acts and I am calling today for urgent action on two fronts – firstly, early assurance about EU Structural Funds and, second, a UK wide stimulus package which, through consequential funding, would enable the Scottish Government to do more to accelerate capital spending.”

The STUC has welcomed the announcement. STUC General Secretary Grahame Smith said: “The STUC strongly endorses the approach set out by the First Minister today. The Scottish economy, already weak due to the downturn in the oil and gas sector, risks falling into technical recession as a result of Brexit induced uncertainty. In this context it is important that the Scottish Government accelerates capital projects where feasible in order to support employment.

“The First Minister is also entirely justified in calling on the UK Government to act swiftly to help minimise the economic consequences of their calamitous handling of the referendum and its aftermath. With borrowing costs at a historic low, now is the time to invest to support jobs in the present and increase the economy’s capacity to grow sustainably in the future.

“The STUC looks forward to making a positive contribution as a member of the new Post Referendum Business Network.”

Employers organisation CBI Scotland also welcomed the infrastructure investment. Hugh Aitken, CBI Scotland Director, said: “We welcome the Scottish Government’s commitment to boosting growth through infrastructure spending and look forward to seeing more details.

“Progress on the Glasgow airport link, together with improvements to the A82, A96 and A9 are projects previously identified by businesses as vital, alongside advances in digital infrastructure.

“Firms will also be encouraged by the Scottish Government’s pledge to work closely with the Scotland Office as it engages with firms following the EU Referendum.

“Our members stand ready to work alongside both the Scottish and the UK Governments as companies seek clarity on trade, regulation, access to talent and protection for the economic and social benefits of EU funded projects.

“As options for the future take shape, it will be more important than ever for both governments to partner with businesses in navigating their approach.”

Opposition parties do not believe the stimulus is enough, however. Scotland Secretary David Mundell said Ms Sturgeon should rule out a second independence referendum to restore business confidence, while Labour’s Jackie Baillie said the £100 million commitment ‘feels like a drop in the ocean‘.

Scottish Labour Economy spokesperson Jackie Baillie said: “It is welcome that the First Minister has agreed with Labour’s calls to bring forward infrastructure spending to stimulate the economy, although the SNP could be much bolder with this investment.

“For context the SNP announced £100 million today – the Queen Elizabeth University Hospital in Glasgow cost £850 million and the Queensferry Crossing will cost over £1 billion. Any investment is welcome but this feels like a drop in the ocean.

“Labour outlined a series of policies in our Brexit Action Plan two weeks ago including the establishment of a Brexit support fund for at risk sectors. The SNP Government should adopt this Labour policy to give support to key industries.

“Today’s announcement must be only the start of the increased investment. Nicola Sturgeon must stop the cuts her government is imposing on public services in Scotland. The SNP Government is cutting hundreds of millions of pounds from schools and local services, our police force is facing cuts and our health boards are tens of millions in the red. It is not sustainable. Any post-Brexit stimulus from both the SNP and Tory Governments must include an end to austerity.

“Labour will continue to make the case to use the new tax powers of the Scottish Parliament to invest in our economy and stop the cuts to public services. The recent interventions from senior SNP figures like Kenny MacAskill show that a debate about tax is very much back on the agenda.”

You can read Labour’s Post Brexit Action Plan here