Do you have questions about employment rights during the coronavirus pandemic? Ask GMB Union’s experts - £100 voucher to be won

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Amid the coronavirus pandemic and lockdown, our daily lives have changed dramatically and many have had their work situations change in ways they never could have anticipated. We've seen people coming to Mumsnet for employment advice and support in the past weeks, so we know many of you are in difficult situations and need help. That's why we've partnered with GMB Union to set up a 3-part Work Clinic to bring the experts to you and help answer your questions. To start off, GMB has provided a panel of experts to help with understanding your employment rights and keeping safe at work.

Here’s what GMB Union has to say: “GMB is the trade union for everyone. Our job is simple: protecting, defending and extending your rights in the workplace and beyond.

That means being there to fight your corner if you have a problem, big or small – and working to get you a better deal. Whatever the issue, we have thousands of highly trained staff and expert activists to support you. From securing proper sick pay in workplaces and ensuring wage support, to leading demands for proper protective equipment at the Government top table – we make sure our members’ voices are heard locally and nationally.

That’s the power of getting a union on your side. With GMB that’s what you get: a family that stands up for you.”

Want to know who will be answering your questions? Find some information on GMB’s experts below:

Susan Harris, Director of Legal Services at GMB

“Sue is a solicitor and has been Director of Legal Services at GMB since March 2018, particularly dealing with collective issues. Previously employed at Thompsons Solicitors for 28 years as an employment law specialist, Sue acted for unions and their members on an individual and collective basis. She was appointed as a salaried partner with Thompsons when pregnant with 1st child (1993) and full equity partner when pregnant with 3rd child (1996). She is now a mother of 3 daughters, 3 cats, 4 tortoises and numerous fish. She has an abhorrence of exercise; was a regular theatre goer in pre-lock down world, so is now reading more!”

Rehana Azam, National Secretary, Public Services at GMB

“With over two decades’ experience of fighting for workers' rights with GMB, Rehana is one of the trade union movement’s most senior BAME women. She leads national negotiations with employers to improve workers’ pay, terms and conditions and is a fierce campaigner. Rehana is a proud mum of one boy safely brought into the world thanks to the NHS, as well as a gorgeous King Charles Cavalier named Archie. She's a couch to 5K type of runner, but has marched hundreds of miles for the NHS and will dust off her marching boots again after lockdown.”

Lynsey Mann, National Health & Safety Officer at GMB

“Lynsey is GMB's National Health, Safety and Environment Officer. She has a Bachelors degree in Psychology and Masters degree in Environmental Health. Before joining GMB she worked at London Borough of Barking and Dagenham (LBBD) for 9 years, in various Environmental Protection and Public Health roles. During her time at LBBD, Lynsey was also a GMB equality activist and a founding member of GMB Sisters women’s self-organised group. In her spare time, Lynsey is a long distance runner who runs half marathons most weekends and is training for her second London Marathon. She also enjoys baking cakes and knitting clothes for her family and friends' children.”

Perhaps you have questions about your rights when returning to work after lockdown? What legal protections are in place to keep you safe? Maybe you’d like to further understand how redundancies work at this time? Or perhaps now that you need to juggle work, childcare and homeschooling you'd like to discuss flexible working, but don't know where to start?

Whatever your questions surrounding legal employment rights, please ask them below by midday on the 18th May. GMB Union’s experts will be back between 3 and 4pm on Thursday 21st May to answer your questions.

All who post a question (regardless of whether it is answered or not) will be entered into a prize draw where one MNer will win a £100 voucher for the store of their choice (from a list).

Thanks and good luck with the prize draw!

MNHQ

Insight Terms and Conditions apply

I manage a hairdressers, and have been furloughed by my boss, who is paying me 80% of my salary, and as I expect to not to be able to go back to work until late summer, have got a temporary job in a supermarket, at 15 hours a week (plus overtime) , and have been now offered a permanent contract, I feel I can fit both jobs in, however my hairdressing boss is indicating that I should pay some of my furlough money back to him, I am seriously considering giving my notice, as I am loving my change of career - what are my rights re the furloughed money ?? would the furlough money pay my 30 days notice ?? what rights does my boss have over the money i am owed (I will take up my supermarket contract at more hours) -Help (my boss is normally really supportive - but is showing his true colours and I don't feel I can go back - I've been there 12 years)

I'm currently furloughed until the end of June. My employer has announced a massive restructuring programme which effectively will make the whole workforce redundant. They then will re-employ about half on vastly reduced pay and conditions. They do mot want to allow employees to remain on furlough until Oct. Is this unfair dismissal?

My employer has started the consultation process and said there will be redundancies across the company including my department. I’m currently on 80% furlough, as the government announced extension to furlough I had hoped they could of at least hung on till July .. I don’t understand why they’ve been so quick to pull the plug. I’m at 2 years on June 23rd the process looks like it will take me to the end of June at least. Will they regard me as 2 years service still? The business will pick up after the pandemic that I’m confident of but they said then if you come back you would be a new starter again, lose all your work benefits and go through a probation again. I don’t really know what I’m asking as my heads in a spin and I just feel a rollercoaster of emotions. I have the choice to get a representative and then on the weekly plans seems to buy me another 2 weeks if I have a representative- is this a good idea or not ? It’s someone who attends the meetings and then feeds back the answers, but I don’t want there interpretation of the situation really. If it buys me an extra 2 weeks should I get one ?

I work full time i was called to return to work with less than 24 hours notice. I refused due to childcare and having a child that is clilcally vulnerable, after serveral days of explaining my situation of not being able to work my emploter gave me a choice of working less hour and only being paid for them or working and topping up using annual leave. No other option even though i have no childcare. Ive had no choice but to go on sick due to the stress of it all. Where do i stand on this?

There is a supply teaching assistant. They are employed direct through a school but do not have any kind of written contract. They have worked for this school (and only this school) doing supply work for 2.5years. They work the same days throughout the whole of the school year (days are agreed with deputy head in May/June for the following school year, these are then the days the supply ta will work for that school year. The following may/June, days will be agreed for the next school year etc). The ta has recently enquired to the school about pay (Other teaching assistant this person knows have been furloughed, although these other teaching assistants are employed by an agency, not through the school) but has been told they will not be paid as they are only bank/supply staff and only used when needed. The ta in question has read that the government are saying that supply staff employed direct through schools with long term assignments should still be paid by school until their assignment was due to end, as schools are still getting funding for this? The ta does understand the point about if supply staff aren’t needed, they aren’t used. However unlike other staff who are called in with a couple of days notice, this ta is given set days for the entire school year. Their days are specifically set so that they are in class to cover the teacher when the teacher is out for set PPA, so in fact if it wasn’t for Covid19 they would be very much needed still. Also surely being given set days for a whole school year counts as a long term assignment?
The ta is willing to accept that they may not be entitled to anything, but would like an impartial opinion before just accepting this. Also the fact there is no formal contract may be to their disadvantage?

I am of work and a gmb member i have a 7 year old and my husband works full time due to this he stays clear of us when home and i care for my son untill school's reopen or grandparents can help who are shielding i am an engagement lead my employer would not furlough me options quit,sack or bank 0 hour contract did try and get a school place when all started but heard nothing. after all this time i wont send him till its safe to do so not that they have opened yet for year2 please advise should i take the change of contract to bank staff 0 hrs meaning they could replace me
i do feel its unfair employers get all the power when it comes to furlough😢

I work within the education sector but was told late march that I have a child to look after so not to come in and look after ourselves which was perfect timing as my sons secondary closed too. Now am being asked return. What rights do I/you have if im not comfortable sending him back to his school just because they want me back?

I work for am agency that ignores all complaints against the client they send me to work for as such I am treated shabbily at work without any repercussions for the client. What is my recourse?

My SIL's company is making people redundant while they are on furlough, and have stated that the notice period for redundancy will start 1st June so their notice period will coincide with them still being on furlough pay. So basically they are using the furlough scheme to save 80% of the cost of redundant workers' notice pay. Are they allowed to do that?

I've now been furloughed until the end of October. I work in a school and usually only work term time. Could my school make me come in during the school holidays as I've been off work? I would in theory be happy to but have three children to look after as well so could be tricky.

I work in an office, easy to social distance due to majority of staff WFH. My employer has made wearing face masks mandatory and sending people refusing home with no pay. The gov have recently issue a publication stating that face masks aren't required in office settings unless risk of transmission is very high, and the risk assessment should reflect this.

Are they allowed to do this?

I am currently on maternity leave and my employer has kept my company car. It is my car to use for personal and business use. Are the allowed to do this? Thank you.

If I’m currently WFH, can my employer decide to make me go back into the office again to do the same work just because they are sceptical of WFH or because some departments can’t WFH? Even though the guidelines say we should continue to WFH where possible (and has been possible enough since March...)

I know you have to be furloughed for a minimum of 3 weeks at a time. But in rotating staff on and off furlough, how long the does the work period need to be? My boss seems to think 3 weeks on and 3 weeks off. I though it could be 1 week work?

My question is about seemingly unfair expectations of those who have not been furloughed versus those who have. I work in the education sector where the majority of the non-teaching staff("support staff") have been furloughed on full pay (topped up by school).Me and my department are also support staff but were not furloughed and are all working from home full time. When the school holidays start all of us in our department either do not work ("term-time" contracts) or our contracts change to partial working. however we have been informed "off the record" that the expectation will be that we will need to work more than our contracted hours during the holidays. Our annual leave year ends on 31 August and no mention has been made of carrying over leave - even without being forced to work extra hours in the summer holidays we already have on average 11 days to carry over (they have never authorised paid overtime for us - we take time off in lieu). Can our employers force us to work more than our contracted hours, can they refuse our annual leave request and can they restrict how much leave we can carry over? This seems doubly harsh as I understand the furloughed staff are accruing leave during their furlough as well?

I work in a special school, and have been working from home so far. From 1st June we are due to return. My boss has put in many measures to make it safe, including ppe and our own workspaces. I work in the office and am able to work from home, I'm also in the higher risk group, however I asked if I can continue to work from home, but my boss said that he has to be fair to everybody, and can't let one person work from home if my colleagues are coming in (they work with the students, so unable to work from home). Can my boss make me come in, as he said he can as he's made the precautions to make it safe at work. Thanks

I was furloughed for 3 weeks by my employer as I was advised that there was insufficient work to keep both members of my team working. I did not expect to be furloughed as I am the most experienced member of my team and when I challenged their decision was advised that I was being furloughed as my new team member cannot be furloughed due to start date. They called me on monday after the 3 week period and advised that they needed me back. I asked if they could extend my furlough or make reasonable adjustments as I am trying to working from home with a 1 year old, 4 year old, my husband working from home and my dog just had surgery and have to date really struggled. I was told by HR and my line manager that my only options were unpaid parental leave or annual leave. I have used two weeks annual leave to come up with some sort of plan and get my anxiety under control. I will be the only person working on my contract on my return, as they are moving my colleague onto another contract (and they cannot furlough her) and the workload is increasing daily. This is a source of great anxiety, to the point that I was really upset discussing this with my line manager on the call and subsequently requested my gp call me as I felt unneccesarily stressed by my situation (I have not pursued sick leave as I am trying to manage this myself). My question ultimately is should my employer furlough me on the basis of struggling to balance work and childcare in light of Covid19? They are insistent that this is not an option.

Hello everyone, I'm Sue and I'm the Director of Legal Services at GMB Union. I'll be answering most of the questions today, with some help from my colleagues Lynsey and Rehana. I understand how stressful a time this is for all workers across all jobs, let alone those juggling childcare responsibilities as well (something I had to do in the past, but am glad to say as they get older that is one thing that no longer applies!). So I'm looking forward to getting stuck in, and helping you out with some advice today. I'll try not to mention this in every single answer but if you're not already a member of a union I'd really urge you to take a look at joining, so you can get access to advice like this whenever you need it: www.gmb.org.uk/why-join-mn

@CordeliaScott

I have heard that my employer is considering making redundancies. Can I be asked to come into work for the redundancy consultation whilst I'm on furlough?

Hello @CordeliaScott, I am sorry to hear that your employer thinks that redundancies are necessary at this time - the whole point of the government’s Job Retention Scheme (JRS) is to allow employers to get assistance with wages whilst retaining people in employment. As your employer is clearly still accessing that money it’s odd that they think they need to make people redundant - particularly as we have succesffully secured an extension to the scheme until at least the end of October 2020. So if you are member of a union you should ask your rep to speak to your employer to ask them why they are looking at redundancies now - what’s the rationale for job losses, why can’t that decision wait? And I would argue that the employer shouldn't be taking that step whilst the JRS exists. Unhelpfully the government guidance - and it is only guidance - on the JRS does tell employees that they can be made redundant whilst they are on furlough - which may technically be true, but I think there are arguments we can make to say a decision to make employees redundant now is premature - and potentially unfair. Remember also that, depending on the number of employees the employer is planning on making redundant, there may be an obligation to consult a recognised trade union or to elect a body from the employees to consult with, if there is no union at your workplace. There are processes avallable to workers through a union that can support you in defending your interests. Sue

@katmarie

What rights do parents who do not have access to child care right now have in not returning to work if their employer requests it? What happens if they make the decision not to send their child to school or nursery because of fears over safety or wellbeing? Can they lose their job?

This is a dilemma for many working parents @katmarie, but as we know childcare predominantly rests on mums’ shoulders. So I think the best way to approach an employer in this situation is to explain why it’s going to be difficult for you/the parent to return to work until they are sure about their child’s welfare. Ask to work from home in the first instance/ask to continue to be furloughed until the end of the government’s scheme by which time we may have a better idea as to whether the govt has been able to deliver educational environments that are truly safe for kids and the staff employed in them. But if the employer is unreasonable then I think an argument absolutely can be made that the requirement to return into the workplace amounts to an indirectly discriminatory policy which it is more difficult for a woman, because of child-caring responsibilities, to comply with. But, of course, that’s a legal claim which would have to be run in an employment tribunal - and as a trade union lawyer that’s a really interesting argument but I wouldn’t be the woman who has no job and no income during this difficult time. So my best advice? Speak to your union rep, get them to approach your employer and if you aren't in a union, join one! Sue (PS. here's more information about joining GMB Union www.gmb.org.uk/why-join-mn

@notangelinajolie

I'm furloughed. Prior to that my employer asked all employees to take a 20% pay cut which I agreed to. Lockdown was announced days later and I volunteered to be furloughed because my partner had Covid-19 symptoms and I had recently had heart surgery. I am one of 4 people at my place of work with the same job role/job title. The other 3 are still working. I have contacted my employer with a view to returning to work and he has told me that they are not busy enough and do not need me. I am now worried that I will be made redundant. What are my rights? Is the fact that I was furloughed enough criteria for me to be made redundant over my other 3 colleagues?

No, in a redundancy selection process the criteria for selection have to be as objective as possible - so things that can be measured or evidenced easily. If your employer said they were selecting you simply because you had volunteered to be furloughed (without consideration of anything else) I would say that there was a good argument for unfair dismissal - and there may also be an issue about whether you could be said to be a disabled person within the meaning of the Equality Act 2010. You can approach your employer directly on your own about this, but as I’ve said in many of my answers – if you’re in a union then contact your rep who’ll be able to have your back in any discussions with the employer. Sue

@3Littlebirds3

I self isolated for two weeks and sent in the form to my work olace they have not paid me . Im currently on unpaid leave till this corono irus is over as i work in a care home but look after a family member who is very high risk,

You should be entitled to company sick pay or at least Statutory Sick Pay (SSP) for the period when you self isolated; have you approached your employer about what is owed? And you say you are now on unpaid leave - have you asked your employer if they could furlough you? It’s worth asking. Sue

@jacqui5366

I have been asked to go back to work Monday 18th May, and work in a hot desking, with close proximity to the next work colleague, what are my rights if i refuse if I see that the environment is not 'covid secure' - when I last worked there we were not given any sanitisers, or cleaning wipes for phones.

The govt guidelines for workplaces and a return to work which were issued on 12/5/20 set out the steps employers must take to ensure workplaces are safe for people to return to – we at GMB Union have many issues with whether the guidelines go far enough - but as a basic requirement they mean your employer has to undertake a risk assessment/make sure there is social distancing in your workplace /cleaning on a regular basis/washing facilities etc. If you are in a union approach them and ask them to speak to your employer about a risk assessment. If your employer hasn’t done a risk assessment then tell them, in writing, why you feel your workplace isn't a safe environment for you to return to. If your employer insists that you return, then you may have some protection if they try to stop your pay or dismiss you - s.44 Employment Rights Act 1996 and s.100 of the same Act. But again, the law can be a great tool but the wheels grind slowly - better to have the conversation with your employer - preferably via your union rep who’ll be able to stand up on your behalf with the weight of the whole union behind them - and try to get your employer to take the steps that are needed to make your workplace safe - or maybe your employer will be able to reassure you that the work environment is secure. Sue

@blackleggingsandatshirt

Are employers duty bound to provide us with face masks when working ? I have a customer facing roll and expect to be called back to work when the hardware shop I work in will reopen. -what are my rights if they don't ?

Your employer should carry out a risk assessment and implement measures to reduce the risk of exposure to Covid before you are asked to go back to work. Measures could be - click and collect / online orders only; only allowing a certain number of people in the shop; marking out 2 metre distances; only allowing contactless payment; installing plexiglass screens. If there is anything you do that is impossible to do without being 2 metres from someone then it is likely a mask and/or face visor will be needed. This is a last resort as the risk should be removed in other ways before PPE is considered. Join GMB and we can support you if your employer fails to adequately risk assess your role. Lynsey

@chocolateisavegetable

I have never joined a union before, but with the current situation I am now wondering whether it would be a good idea. Can you advise what sort of support you can give those of us with employers who are not doing enough to keep us safe? Many thanks.

I touched on this in a previous answer to @jacqui5366 which may be helpful - we at GMB Union are actively engaging with employers on risk assessments, representing our members in individual issues over their caring responsibilities and, equally as importantly, it has been unions that have been lobbying national government and shaming government and employers into making sure workplaces have PPE and that risk assessments are done. You’d also get support from a rep and the strength of the whole union behind you when raising any issues like those in this Q&A with your employer. And at the outset of all of this, you will recall government ministers thought they were being generous by saying people should be getting Statutory Sick Pay (SSP) if they needed to self-isolate - but we made them aware that people were coming into work when they were ill because they faced the choice between feeding their kids or self-isolating. And we pointed out that there is a 4 day waiting period with no money when all you get is SSP - and that SSP is only £94 a week. So we won SSP from day one, but we also said we need full pay when people are self-isolating or sick because of Covid-19. It was also the Unions lobbying govt that led to the Job Retention Scheme (JRS) being implemented. Sue