Covid-19: Workplace Protection

Jim Shannon Excerpts

Tuesday 9th March 2021 Commons Chamber

[Justin Madders (Ellesmere Port and Neston) (Lab)]

The last year has seen extraordinary changes in the way we live our lives, with enormous hardship, enormous heartache and enormous sacrifice for many. As has been demonstrated in this place, the way that many people work has changed. I thank you, Madam Deputy Speaker, the House staff and Mr Speaker for everything they have done to ensure that Members can still do their jobs remotely and safely.

But not everyone has had that choice. For many, their jobs have not only continued as before, but the dangers and pressures associated with them have increased tenfold. Those working in health and social care are the most obvious example of that, with over 800 people sadly losing their lives so far after contracting covid, but many others have also had to face new pressures and dangers as a result of the pandemic. The Government have been too slow to recognise those challenges, so I want to use tonight’s debate to highlight those issues.

The matters that I intend to raise are a combination of issues drawn to my attention by individual constituents and by trade unions, and I draw the House’s attention to my entry in the Register of Members’ Financial Interests. Not all the issues raised with me are new deficiencies in workplace protection. In fact, they all follow a familiar pattern that has been given an extra dimension by covid. What they add up to is a difficult environment for workers where legitimate concerns are not addressed or, worse, are met with detrimental treatment.

I will start with self-isolation. This time last year, the Opposition identified a real issue with any strategy to deal with the pandemic that involved requiring those who tested positive to self-isolate. For many, the financial consequences of not going into work are significant. Many people do not get company sick pay, and statutory sick pay is not enough for people to live on, but perhaps more relevant to the debate is the fact that many people are working in jobs where they do not even qualify for SSP. It was not until six months into the pandemic that the Government finally recognised that by introducing the self-isolation payment. However, seven out of eight people do not qualify for it. That remains a huge hole in our defences.

I would like to focus on some of the issues that people have experienced with their employers when they have had to self-isolate. They do not have any protection from their employer for detrimental treatment. That detriment could be refusal to pay sick pay if they are entitled to it, or it could even be dismissal. I have heard from constituents of cases where a period of self-isolation was used by an employer to trigger a sickness absence review or was used as part of a process that was already under way. I am sure we can all understand the genuine anxieties that people might have if they have to tell their employer that they need to self-isolate—even more so if it is for a second or third time—so why do they have no protection for doing the right thing?

The Government could, either through guidance or regulations, state clearly that a period of self-isolation should be classed as “other leave” that cannot be called unauthorised leave, sickness absence or annual leave and cannot be used as part of any disciplinary or capability process. What of those suffering with long covid? Will the Government add that to the list of conditions classed as a disability under the Equality Act 2010, or will they expect people to prove that they are protected by the Act every time they want to raise an issue?

In terms of those with long-term medical conditions, we know that people with diabetes are at increased risk. Many with diabetes have been able to shield, but what workplace protections will be in place to support people who are clinically extremely vulnerable when shielding ends on 31 March? Are the Government confident that workplace risk will have significantly reduced after that date? Diabetes UK’s research shows that 69% of people with diabetes working outside the home felt unsafe in their workplace. Covid-19 is not going to go away, and neither are those concerns.

[Jim Shannon (Strangford) (DUP)]

A half-hour debate is probably not enough for the issues that could be raised. I know that the hon. Member has been contacted on numerous occasions by people who feel that their health has not been properly protected since the outbreak of covid-19. Does he agree that the information provided by public health agencies was slow in surfacing and that lessons need to be learnt even at this stage about the guidance given to small and medium-sized businesses on workplace protection, which is very important?

[Justin Madders]

I am grateful for the hon. Member’s intervention; he makes an important point. In the early stages of the pandemic, it was difficult for everyone to know exactly what the right thing to do was, but there is no excuse for that now. We have a lot more detail on how covid operates, and we know that it will be with us for some considerable time.

I turn to fire and rehire. This is not a new development—it has been around for as long as people have had jobs—but that does not make it acceptable. In fact, it shows that our employment protections are as antiquated as they are inadequate. GMB and Unite in particular have been involved in a number of high-profile examples of fire and rehire, and there is no doubt that the pandemic has seen the number of examples of this increase dramatically. The current crisis has shone a light on the imbalance of power in the employment relationship and how many people feel totally exposed to the whims of their employer. Their powerlessness does not just manifest itself in people losing their jobs. The imbalance is endemic across many workplaces. Look at everyone on zero-hours contracts, in the gig economy or in agency work—they are literally at their company’s beck and call.

Insecurity is baked into the workplace. It is little wonder that so many people feel a sense of helplessness. When ruthless employers use the cover of the pandemic to push home their advantage, it is time for the Government to step in. That people have job security in this country is an illusion for many. Even for those who are in what we might consider stable employment, any pretence of job security has been cruelly exposed by fire and rehire, which, I am sorry to say, has become almost as widespread as the virus in the last 12 months. People who face a dismissal and re-engagement, to give it its proper legal terminology, are often concerned that they are in this situation at all. Yes, they might have been employed by the same company for many years. Yes, their terms and conditions have remained largely unchanged. They may even have had them collectively agreed by their trade union. The job itself has not changed. It still needs to be done. They perform well and the company is still making good profits, so why are they suddenly being asked to come in and do the job for 20% less pay?

The answer to that lies in the destructive combination of weak employment laws, an indifferent Government and an opportunistic employer who is seizing the moment to chip away at hard-won rights. What then follows is a consultation period that amounts to nothing more than a box-ticking exercise, followed by an impossible dilemma of losing your job altogether or coming back into work the following week on less money. It is a race to the bottom that coronavirus has accelerated. It is time that race was stopped.

Of course, plenty of employers have struggled this year. We know that. That is why the furlough scheme was created, but there are some employers out there who, despite taking advantage of furlough, have still pushed ahead with fire and rehire tactics because they saw an opportunity to make a few more quid for their shareholders. I personally do not think that employers should be taking taxpayers’ cash with one hand only to be giving out dismissal notices with the other. I would like to see the Government saying to those companies that they take the money on the basis that they will support and protect people in their existing jobs, not chip away at them.

The law on unfair dismissal and “some other substantial reason” needs to be fundamentally strengthened so that the onus is on the employer to show that any such changes were essential to secure the survival of the business. That would raise the threshold for employers seeking to justify dismissal from the current test of “sound or good reason”, which we know tribunals do not examine in detail. It adds insult to injury that those who choose not to succumb to the financial blackmail of fire and rehire do not even get a redundancy payment. The Government should be looking to enhance job protection. The furlough scheme is the start of a recognition by the state that it has a role to keep people in work and keep them secure. Let us not abandon that principle now. Let us build on it.

One of the main problems has been people being asked to go into work despite being able to work from home, which is, of course, contrary to the Government’s “stay at home” message that has been in place for much of the past year. Thanks to the marvels of technology, many more people have been able to work from home, but some employers seem to have a very old fashioned attitude that unless they can see the person in front of them, even if they are just sat in front of a computer screen, they cannot be sure that they are working.

Many people have been forced to go into work unnecessarily, including people with underlying health conditions. I even had a constituent who had to go into work when they were supposed to be shielding; what was particularly of note was that the individual had been shielding from home during the previous two lockdowns and had performed their duties from home without any problem. In the third lockdown, however, that was suddenly not acceptable. That is a pattern we have seen with a number of other employers. Their willingness to support those shielding seems to have dropped off a little bit this year. It is almost as if their patience has worn thin. That has also manifested itself in the number of complaints I have had about staff without any health issues who have also been asked to go back into work contrary to the work at home instruction.

Sadly, we have come across someone who was made redundant after complaining about being required to go to work when they could have easily carried out those duties at home. They did not have two years’ service, so they could not claim unfair dismissal. It was difficult to see how they could use other health and safety-related protections, given the difficulties with that law. It is to be welcomed that the Government have just published new regulations which will extend protection to those classed as workers when raising health and safety issues, but it is disappointing that that is not due to come into force until 31 May. People need that protection now; they needed it 12 months ago. It is good that it is being extended to workers, but there are still too many people who are not classed as workers, or, in the case of Uber drivers, who had to fight a five-year court battle just to get that recognition. The Government really need to clean up and strengthen the rules in this area so that everyone in work has basic protections and we do not have the unfair, uneven and exploitative lottery that it is at the moment.

We are also getting more complaints about businesses that are not adhering to covid-19 measures and, sadly, some constituents are too afraid to tell us where they work because they are fearful of reprisals. They have raised concerns about their employer not applying social distancing, not allowing people to stay at home when they display symptoms, asking staff to come in while waiting for test results and telling staff not to disclose close contacts when they test positive. These are all real examples, and they completely undermine the Government’s attempts to restrict transmission of the virus. People need better support, and they need greater reassurance that when they raise concerns they will be addressed and, critically, that there will be no reprisals for them as individuals.

I spent 15 years before I came here representing people who had been victims of workplace injustice, and very often the reason they had been on the receiving end of that treatment was that they had raised a legitimate concern with their employer. Sadly, it seems that things have got worse rather than better in the past few years. In the past year, those concerns have increased tenfold because the number of issues an employee might reasonably raise with their employer about the inadequate level of protection they get when they go into work has increased considerably.

This is not just about workplace protections now. It is in all our interests that people can go about their business and go to work safely. Those who are in a trade union are able to raise concerns collectively, and one such example is from the GMB. It has raised concerns about the guidance on working in other people’s homes, which has changed during this lockdown. The union believes this is creating greater risk. The guidance now mentions meter reading specifically as being a permitted reason for someone to enter a home. The concern is that those meter readers could become super-spreaders and that they are putting themselves and the householders at unnecessary risk just to get a meter reading, which could be done in a number of ways. Unlike a plumber or an electrician, who might enter a handful of properties each day, meter readers can enter hundreds of homes each day, putting themselves and the public at risk. That really needs looking at again.

I want to say a few words on retail. Those working in supermarkets and other essential retail have been working throughout the crisis and have at times faced incredible pressure. They have played a critical role in keeping the country going and I pay tribute to them, but unfortunately not everyone appreciates the work they do. The shop workers’ trade union, the Union of Shop, Distributive and Allied Workers, surveyed its members and found that 76% of them said that abuse had been worse than normal during the pandemic, that 57% had been threatened by a customer and that 9% had been assaulted. We should not be surprised that abuse has increased, given that enforcing social distancing and face coverings were reported in the survey as being two of the biggest triggers for abuse from customers, and these were not issues before the pandemic started.

This highlights a disconnect between what has been decided in this place—regarding face coverings, for example—and the reality on the ground as to how those rules, which were introduced for a very good reason, are enforced. The police cannot be everywhere, and after a cut of 20,000 officers in the last decade, handing them a plethora of new laws to enforce was never going to be realistic. This is placing those who work in retail and hospitality, to name but two, in a difficult and potentially dangerous position.

When we pass laws in this place about important safety measures to stop the spread of the virus, we also need to look at ourselves and ask whether we are setting the right example. I am sorry to say that there have been a few recent high-profile examples of Government bodies not taking the lead. The Driver and Vehicle Licensing Agency in Swansea has been in the headlines a lot recently due to the number of cases contracted in the workplace there. I understand that work was commissioned in June 2020 to look at home working at the DVLA, but that the recognised trade union, the Public and Commercial Services Union, has not been granted sight of that report and has instead been told to go through the freedom of information route to see it.

I appreciate that this does not involve the Minister’s Department, but as the Minister responsible for the workplace, can he please have a word with the Department for Transport and point out that discussions about safe workplaces are not a matter to be pursued through FOI requests? This should involve both parties sitting down and engaging in constructive dialogue. I understand that 300-plus desks have recently been removed by the DVLA to ensure that social distancing is possible, but if that is right, how can it also be right that staff had been working in those conditions since last August? Is this lack of distancing the reason that there have been more than 550 positive cases at the DVLA since September last year? The Government and their agencies should be setting an example to other employers on how to operate safely and responsibly.

On that note, perhaps the Minister could also speak to his colleagues in the Department for Justice about the fact that court staff in London and Liverpool have balloted for industrial action because their union, PCS, says that its safety concerns have not been taken seriously, with not even a risk assessment process having been agreed between the employer and union. We really need to be doing better than this.

It is not an understatement to say that workplace health and safety, far from being a regulatory burden, is now a fundamental part of our return to normality and, indeed, key to wider economic success. That means that we need stronger regulatory interventions, and in this regard the decision to recognise covid as a “significant” rather than a “serious” workplace issue limits the options open to inspectors. I hope that that is something the Minister can look at again. A safe workforce is a productive workforce. It is good for employers and the economy. If this pandemic has taught us anything about the workplace, it is that it is too often characterised by insecurity, imbalance and indifference to basic protections. It is time we changed that.