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

STUC takes CBI to task for ‘highly irresponsible’ call for workers to return to offices

STUC General Secretary Roz Foyer has written to CBI Scotland calling on the organisation to reconsider its public call for a return to offices for non-essential workers.

The letter takes the business organisation to task for contradicting the Scottish Government’s view (shared by the STUC) that there should be a pause in any return to offices where working from home is possible:

Backing for staff facing abuse

Abuse directed at retail and bar staff who ask customers to comply with the law and wear face coverings will not be tolerated, Justice Secretary Keith Brown said yesterday.

It continues to be a legal requirement to wear face coverings in places such as shops and pubs and on public transport unless exempt – and Mr Brown said any form of abuse, threats or violence faced by workers as a result of simply doing their job is “completely unacceptable”.

It comes as new powers came into force in Scotland last month, making assaulting, threating or abusing certain staff a new standalone offence. Previously such conduct would be dealt with under more general offences.

Face coverings are a hugely important mitigation in the fight against COVID-19 as they create a physical barrier that helps stop the virus spreading from an infected person, while providing a degree of protection to the wearer against exposure to the virus. 

Mr Brown urged people to follow the rules and treat staff with respect as Scotland continued to face high infection levels.

He said: “I would like to thank the vast majority of people who continue to wear face coverings and urge people to please follow the rules and guidelines still in place. It is still a requirement to wear face coverings in indoor public places, such as shops, public transport and when entering and moving about in hospitality settings.

“Everyone who can should wear a face covering because it is a simple and vital measure we can take to protect others and stem the spread of this deadly virus.

“Retail workers and those working in hospitality play a vital role serving our communities which has been clearly demonstrated throughout the pandemic and it’s extremely important they know they have the protection of the law when carrying out their duties.

“Any form of abuse, threats or violence faced by such workers as a result of simply doing their job is completely unacceptable and will not be tolerated.

“Parliament recently introduced a standalone law with penalties of up to 12 months in prison and fines up to £10,000 for this type of behaviour and staff serving communities across Scotland can be assured the police and prosecution services stand ready to respond to any instances as necessary.”

DCC Malcolm Graham of Police Scotland said: “Everyone has the right to go to their work without being threatened or assaulted.

“Retail workers now have added protection in law and the police will act on reports we receive about this kind of unacceptable behaviour.

“I would also continue to encourage people to follow the regulations and guidance that remain in place to help stop the spread of coronavirus.”

Solicitor General for Scotland Ruth Charteris QC said: “People in any walk of life should expect to go about their business without the fear of threats or abuse.

“This is true of shop workers who are protected in law and deserve our thanks and appreciation for the work they have done throughout the pandemic.”

By law, you must wear a face covering in certain indoor public places, including public transport, in Scotland unless an exemption applies.

See the complete list of settings where we all have to wear face coverings.

Lockdown Lowdown: Job satisfaction soars amongst young Scots – but two fifths worry about future prospects

A new study examining the impact of lockdowns on Scotland’s young people has revealed that over two-thirds (67%) feel positive about their current employment situation as lockdown eases, but only two-fifths of Scottish students are confident about securing future employment. 

Commissioned by the Scottish Government and delivered by the Scottish Youth Parliament, YouthLink Scotland and Young Scot, the study of nearly 2,500 young people serves as a follow-up to previous surveys that explored young people’s concerns in response to the pandemic.

The latest LockdownLowdown research examines the lasting impact of lockdowns and comes as many young people return to in-person education and work as lockdown restrictions ease.

The results revealed that job satisfaction among young people has risen since last year, with 67% of young people feeling good about their current job situation – a 12% increase from the previous LockdownLowdown report in the winter.

However, positive sentiment waned when young people were asked about their confidence in finding a job in the future – with 2 in 5 (37%) of those currently in higher education concerned about securing graduate employment.

In general, employment and finances were leading worries among young people, with more than a third (36%) admitting that their work hours had been cut, while a fifth (22%) were placed on furlough, and 18% lost their job entirely. This comes when over a third (36%) don’t know where to access information on financial support.

The Lockdown Lowdown survey identified mental health as a further concern among young people, with over a third (35%) worried about their mental wellbeing and two fifths (40%) not confident about accessing information on mental health and wellbeing.

Following the reopening of schools and learning environments, over three quarters (76%) of young people have returned to in-person education – with 85% happy to be back. However, nearly half of respondents (44%) felt unprepared in the run-up to this year’s assessments, and only 2 in 5 (38%) were confident that the grades determined by their teachers would be delivered fairly.

Nearly 2,500 young people from across Scotland took part in the research that will be used by the Scottish Government and shared with stakeholders, including the NHS and local authorities.

Josh Kennedy MSYP, Chair of the Scottish Youth Parliament, said:Meaningfully engaging with the views of young people is the only way to ensure that decisions are made with their views and needs at the centre.

“The latest LockdownLowdown report makes it very easy for decision-makers to find out what young people think about restrictions easing. Young people have had an incredibly challenging time over the last year and a half.

“I would encourage every decision-maker in Scotland to look at the views presented in this report and consider them when making decisions about how Scotland comes out of the Pandemic.”

Tim Frew, CEO of YouthLink Scotland, said: “As we strive to return our lives to normal after this really challenging period, it’s vital that government and other decision makers know where young people are at, and their thinking on the pandemic.

“In this latest survey there are very clear messages from young people around anxiety about future employment prospects, mental health remains a significant concern and there are clearly issues about the impact lockdown has had on assessments and results.

“As we continue to come through the pandemic, the voices of young people need to be listened to as we shape the way forward. The findings also show the importance of youth work to many young people, and demonstrates the incredible support youth workers have continued to offer in extremely difficult circumstances.”

Kirsten Urquhart, Interim CEO of Young Scot said: “Given the immense challenges young people have faced throughout the pandemic, it’s no surprise to see rising concern over future employment.

“While a surge in job satisfaction is cause for cautious optimism – we want to reassure young people that Young Scot is here to support every young person with their next steps as we begin to recover from the pandemic.”

GMB Scotland press for proper employment status for 2,800 HM Coastguard rescue workers

GMB Scotland is pressing for proper employment status for more than 2,800 HM Coastguard rescue workers based at 310 rescue stations around the UK.  About 900 of these workers are based in 116 rescue stations around the coast of mainland Scotland and the Islands. 

The duties of HM Coastguard rescue workers include help rescue people trapped on the coast, for example on cliffs, stuck in mud or in the water, search for missing people, report and deal with pollution and other hazards and help emergency services and local authorities during emergencies, for example flooding.  

These HM Coastguard rescue workers can be called out at any time of the day or night so they work irregular hours. They may have to work in hazardous situations for long hours and may have to carry out physically demanding tasks. 

HM Coastguard rescue worker can have other employment. Required skills include: first aid, water rescue, map work, search techniques, communications and skills needed in for local area, for example rope rescue, mud rescue etc. 

GMB Scotland is demanding that their status as workers is properly recognised and the work they do is properly valued and recognised.

Like for other recent high profile workers in irregular employment across the UK the union is prepared to litigate to obtain justice for these brave men and women. 

Numbers of HM Coastguard rescue workers on irregular hours by Areas across the UK 

Area 1 Scotland & Orkney Islands 137 
Area 2 North Scotland 126 
Area 3 East Scotland 97 
Area 4 Inner Clyde to River Tay and East Scottish Border 134 
Area 5 North East England 122 
Area 6 East of England (Yorkshire, Humberside & Lincolnshire) 134 
Area 7 East Anglia 155 
Area 8 South East England 152 
Area 9 : Southern England including Isle of Wight 202 
Area 10 : South West England 175 
Area 11 : Cornwall including Isles of Scilly 162 
Area 12 : North Devon including Severn Estuary 176 
Area 13 : South East Wales to Mid-Wales 203 
Area 14 : North West Wales 162 
Area 15 : Great Orme to West Scottish Border including the Lakes 152 
Area 16 : Solway to Firth of Clyde including Northern Ireland 190 
Area 17 : Kintyre to Mull, Isle of Arran and Inner Hebrides 159 
Area 18 : Loch Linnhe to Outer Hebrides including Skye & the Small Isles 160 

 Gary Smith, GMB Scotland Secretary, said: “These 2,800 brave men and women who work in all weathers to rescue people and save lives are denied even the most basic rights of respect and recognition by their employer HM Coastguard. 

“Staff with over 30 years experience are being axed without the basic right of being represented by their Union. The HM Coastguard rescue workers risk their lives to help and save others but are treated worse than any other Government worker. Urgent action needs to be taken to show respect for these unsung heroes. 

“The union is prepared to litigate for these workers, so they can be properly recognised as part of the HM Coastguard rescue workforce and to ensure their basic employment rights are respected.” 

Mental health “perfect storm” will affect millions this Winter

A “perfect storm” of mental health stresses is being created with lockdowns, economic anxiety, enforced social distancing, poor weather and isolation – meaning millions of home workers will suffer in silence this Winter.

The UK is possibly facing its biggest ever mental health crisis since the WWII this Winter as a combination of many factors will contribute to the low mood and poor mental health of millions of employees working from home.

According to the ONS (Office of National Statistics) 69% of adults in the UK are staying that Coronavirus is having a negative effect on their life and the drill down statistics are even worse:

  • 63% are worrying about the future
  • 56% are feeling stressed or anxious
  • 49% are bored

“The worrying thing is everyone is in the same boat – we are so busy fighting our own fires – many of us don’t have the time or energy to help others”, says Jonathan Ratcliffe from office company Offices.co.uk.

“People are having a rotten time of it at the moment, and this Winter will be a real crunch point for many”.

Critical stress factors this Winter include:

Lockdowns – working from home and seeing less family/friends mean increasingly isolated lives

Uncertainty – Worries over employment and the economy creating a feeling of anxiousness

Poor Weather – Less daylight, poor weather means less opportunity to leave the house for fresh air and exercise

“The big worry for myself and my colleagues is either a new National lockdown, or the schools will close, because this will tip the balance for many people working from home and just managing to keep things on an even keel”, says Jonathan Ratcliffe

Offices.co.uk offers these general pointers to those working from home and feeling the pressure:

Routine – it’s vital if you want to be motivated that you set a routine. Make sure you get up at a decent time and start work at 9am.

To do list – Start by writing a small list of work to achieve, lower your expectations and work towards ticking all those goals even if they are small.

Talk to someone – If you have a work buddy, you’d usually chew the fat with, why change? Give them a call, maybe first thing – helps you both realise you are not alone.

Food and drink – Make sure you eat properly and stay hydrated throughout the day.

Fresh air – At lunch time take a walk or sit outside, put your phone down, look around and enjoy the peace and quiet.

Finish at 5 – Don’t be tempted to work into the evening, try and finish up around the same time as you would normally.

Put the phone down – After “work” is over, try to forget about it. Enjoy time with a partner or family.

Wine O’clock – It’s tempting to hit the wine each night, we’re under stress. But you didn’t booze like this before, time to reduce intake and get a good sleep.

Sleep – Decent bedtime and try and get 8 hours solid sleep if possible.

Plan for the other side – This will end, we simply don’t know when yet, and when it does you need to be in the best shape possible to seize any opportunities. Get planning!

“Bosses need to be very aware that their remote staff might be struggling, and while they have their own pressures, they need to reach out and monitor staff daily to make sure any issues can be addressed – being sensitive and caring is upmost for employers this Winter period”, concludes Jonathan Ratcliffe from Offices.co.uk

British Psychological Society launches homeworking guidance

In response to the huge change in working practices the British Psychological Society (BPS) has published guidance on how to create healthy sustainable homeworking conditions for both workers and their employers.

Working from home has become widespread since restrictions to control Covid-19 were introduced in the UK. This has meant a major shift for individuals and organisations.

The guidelines, ‘Working from home: Healthy sustainable working during the Covid-19 pandemic and beyond’, outline the practical steps and considerations that can make homeworking a success and has advice for both workers and their employers.

Drawing on psychological expertise the guidelines advise workers to set appropriate boundaries between their work and personal life and encourage employers to recognise and address risks to physical and mental wellbeing involved in remote working. It also recommends that employers adopt a flexible approach because each individual’s situation will be different and may change rapidly without warning.

Professor Gail Kinman, joint author and member of the BPS Covid-19 Working Differently Group, said: “Working from home can work well, but under current conditions some people have struggled to adjust to new environments and working patterns.”

“Managing employees is different and what works in a traditional workplace may not apply when working remotely. It’s important to get the balance right when making arrangements that aim to meet everyone’s needs. Effective two-way communication is essential at every stage.”

“We hope our new guidance will help employers and employees work together to ensure successful and healthy homeworking.”

Working from home

 

Peoples Assembly Scotland: Zoom meeting tonight

Over the recent period the Peoples Assembly Scotland, along with trades unions and other progressive groups, have rightly focused on the absence of support  for NHS workers which, coupled with governments across this island’s unpreparedness, has worsened the extent of the Covid 19 crisis.
However they are not the only group of workers for whom the crisis is changing both the nature, and perhaps the future, of their industries.
At its most recent meeting it was agreed to sponsor a number of “public” meetings to hear from those in other sectors whose members are facing similar challenges but whose stories are rarely the focus of the main stream media.
The first of these addressing the plight facing those who work offshore will be TONIGHT (Tuesday 12th May) at 7pm, the invitation below will facilitate entry to the meeting.
We will be welcoming RMT officer Jake Molloy along with UNITE Regional Officer, John Boland, as Chair and Vice Chair of the Offshore Coordinating Group who will be talking about the crisis facing workers with thousand’s of job losses looming in the North Sea. 
Its a crisis not just for those directly employed in oil and gas but across the offshore sector, their supply chains including ferries. As it appears that the industry is heading into recession join the Peoples Assemblies meeting to hear those who represent those workers affected and how the unions must address not just their immediate concerns but the long term effects on our economy .
Attached is the most recent report of the Offshore Coordinating Group “Crisis behind the Crisis”.
Phil McGarry  (Chairperson) Keith Stoddart (Secretary), 
Peoples Assembly Scotland

Join Zoom Meeting:

https://us02web.zoom.us/j/85108863460?pwd=SXlaVGx0cjYyVC83L2hrUzNFckZFQT09

Meeting ID: 851 0886 3460
Password: 562022

MAY DAY: Half of the world’s workers could see their livelihoods destroyed

“For millions of workers, no income means no food, no security and no future. Millions of businesses around the world are barely breathing. They have no savings or access to credit.”

The continued sharp decline in working hours globally due to the COVID-19 outbreak  means that 1.6 billion workers in the informal economy – that is nearly half of the global workforce – stand in immediate danger of having their livelihoods destroyed, warns the International Labour Organization.

According to the ILO Monitor third edition: COVID-19 and the world of work , the drop in working hours in the current (second) quarter of 2020 is expected to be significantly worse than previously estimated.

Compared to pre-crisis levels (Q4 2019), a 10.5 per cent deterioration is now expected, equivalent to 305 million full-time jobs (assuming a 48-hour working week). The previous estimate was for a 6.7 per cent drop, equivalent to 195 million full-time workers. This is due to the prolongation and extension of lockdown measures.

Regionally, the situation has worsened for all major regional groups. Estimates suggest a 12.4 per cent loss of working hours in Q2 for the Americas (compared to pre-crisis levels) and 11.8 per cent for Europe and Central Asia. The estimates for the rest of the regional groups follow closely and are all above 9.5 per cent.

Informal economy impact

As a result of the economic crisis created by the pandemic, almost 1.6 billion informal economy workers (representing the most vulnerable in the labour market), out of a worldwide total of two billion and a global workforce of 3.3 billion, have suffered massive damage to their capacity to earn a living. This is due to lockdown measures and/or because they work in the hardest-hit sectors.

The first month of the crisis is estimated to have resulted in a drop of 60 per cent in the income of informal workers globally. This translates into a drop of 81 per cent in Africa and the Americas, 21.6 per cent in Asia and the Pacific, and 70 per cent in Europe and Central Asia.

Without alternative income sources, these workers and their families will have no means to survive.

Enterprises at risk

The proportion of workers living in countries under recommended or required workplace closures has decreased from 81 to 68 per cent over the last two weeks. The decline from the previous estimate of 81 per cent in the second edition of the monitor  (published April 7) is primarily a result of changes in China; elsewhere workplace closure measures have increased.

Worldwide, more than 436 million enterprises face high risks of serious disruption. These enterprises are operating in the hardest-hit economic sectors, including some 232 million in wholesale and retail, 111 million in manufacturing, 51 million in accommodation and food services, and 42 million in real estate and other business activities.

Urgent policy measures needed

The ILO calls for urgent, targeted and flexible measures to support workers and businesses, particularly smaller enterprises, those in the informal economy and others who are vulnerable.

For millions of workers, no income means no food, no security and no future. […] As the pandemic and the jobs crisis evolve, the need to protect the most vulnerable becomes even more urgent.”

Guy Ryder, ILO Director-General

Measures for economic reactivation should follow a job-rich approach, backed by stronger employment policies and institutions, better-resourced and comprehensive social protection systems. International co-ordination on stimulus packages and debt relief measures will also be critical to making recovery effective and sustainable. International labour standards, which already enjoy tripartite consensus, can provide a framework.

“As the pandemic and the jobs crisis evolve, the need to protect the most vulnerable becomes even more urgent,” said ILO Director-General Guy Ryder.

“For millions of workers, no income means no food, no security and no future. Millions of businesses around the world are barely breathing. They have no savings or access to credit.

“These are the real faces of the world of work. If we don’t help them now, these enterprises will simply perish.”

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.”