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.

Share this event on Facebook and Twitter

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

 

Call for clarity on EU workers

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The UK Government must reassure workers they will not lose out after the EU referendum outcome, First Minister Nicola Sturgeon and STUC General Secretary Grahame Smith said yesterday. The STUC also supported the call to give all EU citizens currently resident in the UK reassurance they can continue to live, work and study here without restriction.

The appeal comes as Theresa May prepares to take over as Prime Minister later today.

On Monday the Westminster government said there has been no change to the rights and status of EU nationals in the UK, and UK nationals in the EU, as a result of the referendum.

In a joint statement, the Cabinet Office, the Home Office and the Foreign & Commonwealth Office said:

The decision about when to trigger Article 50 and start the formal process of leaving the EU will be for the new Prime Minister. The UK remains a member of the EU throughout this process, and until Article 50 negotiations have concluded.

When we do leave the EU, we fully expect that the legal status of EU nationals living in the UK, and that of UK nationals in EU member states, will be properly protected.

The government recognises and values the important contribution made by EU and other non-UK citizens who work, study and live in the UK.

I have lived in the UK for more than 5 years. What does the vote to leave the EU mean for me?

  • EU nationals who have lived continuously and lawfully in the UK for at least 5 years automatically have a permanent right to reside. This means that they have a right to live in the UK permanently, in accordance with EU law. There is no requirement to register for documentation to confirm this status.
  • EU nationals who have lived continuously and lawfully in the UK for at least 6 years are eligible to apply for British citizenship if they would like to do so. The eligibility requirements can be found here.

 What if I have lived in the UK for less than 5 years?

  • EU nationals continue to have a right to reside in the UK in accordance with EU law. EU nationals do not need to register for any documentation in order to enjoy their free movement rights and responsibilities. For those that decide to apply for a registration certificate, there has been no change to government policy or processes. Applications will continue to be processed as usual.
  • Non-EU family members of EU nationals must continue to apply for a family permit if they wish to enter the UK under EU law, and they do not have a residence card issued by a member state. There has been no change to government policy or processes, and applications will continue to be processed as usual.
  • Extended family members of EU nationals must continue to apply for a registration certificate (if they are an EU national) or residence card (if they are a non-EU national) if they wish to reside in the UK. There has been no change to government policy or processes, and applications will continue to be processed as usual.
  • Irish nationals enjoy separate rights, under various pieces of legislation, which allow Irish nationals residing in the UK to be treated in the same way as British nationals in most circumstances. There is no change to this position.
  • Croatian nationals might continue to need to apply for a registration certificate to be allowed to work in the UK under the transitional arrangements that were put in place when Croatia joined the EU in 2013. The type of registration certificate that they might need will depend on whether they need permission to work in the UK, and what they will be doing. There has been no change to government policy or processes, and applications will continue to be processed as usual.

 Does the government plan to remove EU nationals from the UK?

There has been no change to the right of EU nationals to reside in the UK and therefore no change to the circumstances in which someone could be removed from the UK.

As was the case before the referendum, EU nationals can only be removed from the UK if they are considered to pose a genuine, present and sufficiently serious threat to the public, if they are not lawfully resident or are abusing their free movement rights.

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However the First Minister is seeking reassurance from Theresa May that these exisiting EU workers rights will be protected.

Ms Sturgeon met the STUC General Council yesterday to discuss fair work and progressive workplace practices in light of the immediate and long-term implications for the Scottish economy of the referendum result, where she also reiterated her message that her government will pursue all options to protect Scotland’s position in Europe.

The First Minister said: “I welcome today’s discussions with the STUC General Council. I want to stress that this government will work with STUC and trade unions to share information, listen and understand priorities and concerns, and make clear, here and further afield, that Scotland remains a stable, attractive and fair place to do business.

“Scotland has a fundamentally strong economy and we will continue to work with employers and trade unions to boost productivity, innovative workplaces and inclusive growth. We will pursue every option to protect Scotland’s position in Europe and, by extension, the interests of EU citizens who live and work here.

“I call on the new Prime Minister, Theresa May to give an immediate guarantee that the existing rights of the 173,000 EU nationals in Scotland will be protected.

“In Scotland we have fostered a distinctive and a positive approach to fair work focusing on economic and social benefits for all.

“The European Union has been instrumental in strengthening and protecting workers’ rights and enshrining key employment rights relating to pay, safe working conditions and the right to unionise. I firmly believe that EU membership delivers many social, economic and cultural benefits for individuals, business and communities across Scotland.

“We will pursue every option to protect Scotland’s position in Europe, and all the many benefits which that brings in terms of workers’ rights and social protections. That includes our place in the single market and the free movement of people.”

Grahame Smith, General Secretary STUC said: “We share the view of the First Minister that the best place for Scotland is firmly within the European Union. We are further assured that the FM is exploring every available option to retain Scotland’s membership within the European Union and is moving to positively address some of the challenges that have arisen in respect of the attitude of the Westminster Government. We look forward to continuing to work closely with the Scottish Government to ensure that our shared commitments to inclusive sustainable economic growth continues.”

A fairer deal for Scotland’s workers

Tackling low pay and zero hours contracts: new guidance will promote fair work

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The Scottish Government will today formalise its commitment to making Scotland a fairer place to work with new statutory guidance for public sector procurement. The move has been welcomed by the STUC.

The document represents the first time any administration has gone as far, and ensures that public sector procurements can take account of the fact that employers whose staff are treated fairly are likely to deliver higher quality services.

Those bidding for public contracts will now be expected to adopt fair work practices, which may include –

  • paying the Living Wage
  • no unnecessary use of zero hours contracts
  • giving workers an active voice in the workplace

The Scottish Government is prevented by EU procurement law from making the Living Wage mandatory in contract agreements, but the new statutory guidance means that companies who want to secure business with public bodies are now obliged to sign up to these fair work conditions for anyone working on the contracts.

Infrastructure Secretary Keith Brown will launch the new guidance in his speech to the Procurex national procurement conference in Glasgow this morning.

He said: “The commitment to making Scotland a fairer place to work is a key tenet of this government, and our new statutory guidance for public sector procurements sees us nail our colours to the mast.

“Our model of procurement, putting the social, economic and environmental aspects of sustainability at the heart of all we do, remains the foundation of our approach.

“Employers must now recognise that they cannot adopt exploitative practices in relation to their workers and expect to be rewarded with lucrative contracts in the public sector.

“If you want to do business with the public sector in Scotland, you have to be a responsible employer and value your workers. You have to do your bit to make Scotland a fairer and more equal society.

“We will continue to do everything in our power to promote that ethos.”

The news has been welcomed by those representing workers throughout Scotland.

Grahame Smith, General Secretary of the Scottish Trades Union Congress (STUC) said: “The STUC welcomes the Statutory Guidance on Fair Work Practices being introduced by the Scottish Government, a move that once again highlights the different approach taken by the Scottish Government in tackling poor employment practices and low pay in the Scottish economy.

“The Scottish Government has taken the lead in driving forward the real Living Wage as have local authorities and we believe it is right that companies wishing to receive public contracts should demonstrate that they treat staff fairly by paying a living wage, recognise the benefits of trade unions and collective bargaining and treat their workers with the dignity and respect they deserve.

“The Fair Work Agenda and the approach taken by the Scottish Government to promoting positive industrial relations as being key to economic success is thankfully at odds with attacks on trade unions at UK level and these statutory guidelines provide public bodies the opportunity to ensure contractors understand what is expected from them, as part of the public procurement process, and their role in delivering fair work and good terms and conditions for Scottish workers.”

The Fair Work Convention was set up last year to ensure there are more good quality, well-paid jobs at all levels throughout the public, private and third sectors.

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Fair Work Convention Co-Chair Anne Douglas (above) said: “The Fair Work Convention believes it is vital that work which provides individuals with opportunity, fulfilment, security, respect and effective voice and balances the rights and responsibilities of employers and employees. In doing this we can generate real benefits for individuals, organisations and for society more widely.

“It is therefore important that the Scottish Government uses all its levers to promote fair working practices and the Convention welcomes these being reflected in statutory guidance.

Linda Urquhart, the Convention’s other Co-Chair, continued: “The Fair Work Convention is currently engaging across Scotland, with business, employees, union, third and public sectors as well as society more generally to help evidence fair work and the basis from which the Fair Work Framework for Scotland will be created.

“Following the publication of their Framework in March the Fair Work Convention will welcome an opportunity to work with the Scottish Government to further this approach.”