[IER] Govt/HSE under fire for refusing to punish employers breaching Covid-19 rules
Sarah Glenister
Sarah at ier.org.uk
Fri Feb 19 18:20:04 GMT 2021
News brief - 19/02/21 <https://us12.campaign-archive.com/?e=__test_email__&u=f121e48a8bb6d3101590c12d3&id=ae90d12592> View this email in your browser
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Govt/HSE under fire for refusing to punish employers breaching Covid-19 rules
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The Health and Safety Executive and the government have both been under fire this week for their apparent refusal to take the risk to workers of Covid-19 seriously.
Despite threatening holidaymakers with a ten-year jail sentence if they lie about travelling to Covid-19 hotspots, the risk of infection is not considered serious enough to stop people from working in dangerous conditions.
Shadow Secretary for Employment Rights and Protections, Andy McDonald, <https://www.theguardian.com/world/2021/feb/14/hse-refuses-to-close-workplaces-that-are-putting-employees-at-risk> asked Employment minister, Mims Davies, why Covid-19 had been classified as a "significant" but not "serious" risk to workers.
This lower classification "best supports inspectors in making sensible, proportionate regulatory decisions", she responded.
An HSE inspector explained to the Guardian this week that the classification of Covid only as a "significant" risk had prevented regulatory agents from forcing businesses to stop unsafe practices- although inspectors are advised to exit unsafe sites to save themselves and leave the workers behind them.
The insider said also claimed that the HSE had said it would have difficulty supporting the decision of any member of staff to serve a prohibition notice on a law-breaking employer.
Mims Davies also said Covid is not a "serious" worplace risk because it is "non-permanent or reversible, non-progressive and any disability is temporary".
Approximately 119,000 UK residents have died of Covid-19 infection so far.
Elsewhere, a source told Construction News that the <https://www.ier.org.uk/news/hse-refused-to-investigate-health-and-safety-breaches-reported-by-subcontractor/> HSE had refused to investigate three sites on which he had witnessed unsafe practices.
The HSE told the industry professional that they did not find his testimony "credible" on its own and further proof was required - proof the complianant said would be easy for the HSE to find if they sent an inspector.
Responding to an investigation into the incident by Construction News, the HSE replied that it was the responsibility of businesses to ensure they were following the rules.
Featured event
<https://www.ier.org.uk/events/redundancy-and-covid-19-are-our-redundancy-laws-strong-enough/>
25th February 2021 – 10:00 am - 3:35 pm
Webinar
£40
About this event
In a time of mass redundancy and looming economic damage, isn’t it time to ask if our redundancy laws are strong enough to protect workers?
Speakers
– 10:00 Carolyn Jones, IER Director – Chairperson
– 10:10 Steve Mitchell, Deputy Head of Legal services at USDAW – Positive USDAW campaigns: stopping the damage of redundancy on the high street.
– 10:40 Prof Alan Bogg, Bristol Univ – The furlough job retention scheme and redundancy: an analysis
– 11:10 Questions
– 11:30 Tea break
– 11:45 Steve Turner, Unite Assistant General Secretary – How Unite are helping to prevent redundancies and save manufacturing jobs
– 12:15 Neil Todd, Thompsons Solicitors – The current redundancy statute and case law landscape
– 12:45 John Hendy QC and Prof Keith Ewing, IER – Redundancy law and loopholes – the way forward.
– 13:15 Questions
– 13:35 End
<https://us02web.zoom.us/webinar/register/WN_c0FatvhqQlauH2N-kqaV7A> Book your place
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Govt ‘not interested in better workers’ rights’, says insider
The Employment Bill has been delayed until late 2021 or 2022, insiders say.
<https://www.ier.org.uk/news/govt-not-interested-in-better-workers-rights-says-insider/> Read full report
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Unions and campaigners urge Equalities Commission to investigate govt Covid-19 response
Campaigners argue that the government is breaching the Public Sector Equality Duty in its handling of the pandemic.
<https://www.ier.org.uk/news/unions-and-campaigners-urge-equalities-commission-to-investigate-govt-covid-19-response/> Read full report
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Uber drivers have right to minimum wage and holiday pay, Supreme Court rules
The Supreme Court has ruled today that drivers of Uber taxis are not self-employed and thus are eligible for workers' rights.
<https://www.ier.org.uk/news/uber-drivers-have-right-to-minimum-wage-and-holiday-pay-supreme-court-rules/> Read full report
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HSE ‘refused to investigate’ health and safety breaches reported by subcontractor
An industry insider said he felt his experience of dangerous workplaces was not taken seriously by the regulator.
<https://www.ier.org.uk/news/hse-refused-to-investigate-health-and-safety-breaches-reported-by-subcontractor/> Read full report
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Garment industry presents highest risk of death from Covid-19 for female workers
Campaigners believe the lack of enforcement of employment law is behind the shocking figures.
<https://www.ier.org.uk/news/garment-industry-presents-highest-risk-of-death-from-covid-19-for-female-workers/> Read full report
IER Director to chair labour law event
Trade unions and the fight against unemployment
With unemployment projected to continue rising over this year, the Marx Memorial Library hosts two online discussions with those at the forefront of the labour movement’s response.
Tuesday, 23 February 2021 - 7:00pm
In this second of two panel discussions, leading industrial relations academics, trade union leaders and activists discuss the challenges posed by the return of unemployment in the private sector, where union power has sharply declined in recent decades. What can we learn from history and the analysis of contemporary capitalism? How do we organise the working class response?
With
Professor John Kelly, Birkbeck, University of London
Steve Turner, Assistant General Secretary, Unite
Sarah Woolley, General Secretary, BFAWU
Register <https://www.eventbrite.co.uk/e/trade-unions-the-fight-against-unemployment-unions-in-the-private-sector-tickets-137442130111> here.
IER and Covid-19
Due to the rapid spread of the coronavirus disease and the need to keep our staff, supporters and speakers safe, IER have decided to postpone all forthcoming IER events and meetings until further notice, including both Health and safety at work after Brexit conferences in Liverpool and London, the IER Executive Committee, IER AGM and our joint event with the Campaign for Trade Union Freedom on 6th June.
IER staff will continue to work, but remotely from home. We will answer emails, produce publications and circulate our weekly News Briefs and other on-line information. However, phone calls to the office or mail sent by post will not receive immediate attention.
We apologise for any inconvenience caused and wish you all best wishes during this difficult time.
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