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

[JustineBMumsnet]

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

@FaintSeashellAroma

At what point when working from Home due to Covid situation should an employer be expected to provide appropriate Headsets for employees expected to spend significant time on phone calls whilst also typing? I mean is there a minimum amount of time being expected to work in this way without the appropriate equipment or should it be provided if expected to do this type of work at all?

Great question, there isn’t a specific time limit but when this all started, we all thought this situation would be temporary, however, we now know that it could be for a few months yet. Therefore, I absolutely think it is reasonable to request a headset now. If you had a headset in the office to carry out your role, then you will obviously also need one at home to carry out the same role. If your headset in the office is compatible with the equipment you have at home then your employer could arrange for you to collect them or get them delivered to you, if this is not possible then they should order some for you, or allow you to order them and claim the cost back. Lynsey

@Montydoo

I am due to go back to work next week, after being furloughed since April, however my employer has indicated that our hours will almost certainly be reduced, can they do this with so little notice ? What are my rights if my hours go from 37 to 20 per week - with the pro-rata reduction in salary - if it is - how many payslips would I need to claim WFTC - my salary is currently too high to claim. Thanks for running this chat.

Your employer can’t legally change your hours of work unless either: you agree; or they give you notice to terminate your contract and re-engage you on the reduced hours but maintaining your continuity of service. If they try to just cut your hours- and there is no term in your contract that allows them to do so (please check your contract, it’s unusual to have a clause which says an employer can change your hours of work, but it’s not unheard of) then I would say you had a good claim for unfair dismissal or constructive dismissal - they are different claims and really depend on how your employer tries to change your hours. So, I am afraid I can’t advise you on WFTC eligibility - but I can tell you an employer can't just change your hours - unless you want to agree to that, of course. But what I would also say is the government is clearly going to alter the Job Retention Scheme (JRS) after 31/7/20 - they are going to be looking, we think, about short time working/furlough as an option for an employee's working week - rather than the insistence on a 3 week long furlough period. Perhaps your employer would wait to see what that scheme looks like before they take any steps to try and permanently change your hours? And glad you think this is of use – members of GMB Union have access to similar advice through our network of workplace representatives, staff officers and our own law firm, UnionLine, all the time, not just when we run a chat! Sue

@torthecatlady

The company I work for is looking into redundancy for multiple staff but nothing confirmed yet. At the end of July I will have been there for 2 years. Am I eligible for any redundancy pay if I am made redundant before the 2 year mark?

I’m afraid not @torthecatlady - the entitlement to receive a redundancy payment only arises after you have 2 years service. Sue

@samsays345

I've thought about joining a Union in the past but they are not recognised in my workplace - and so it's not like they could collectively bargain for me or such like. I don't earn much money so I'd really need to justify the monthly subs. What could a union like the GMB do for me if I joined?

Good question, samsays345, while having a union formally recognised in the workplace brings huge benefits to our collective voice at work - it's far from the only we way we fight your corner or provide you with support. Even if the union is not recognised in your workplace, GMB and our network of staff would still be there to fight your corner if you had a problem. You’d get support from trained staff on workplace issues, like ensuring fair pay and the right to a safe workplace – so can be confident in raising issues directly with your employer. And you’d also get access to benefits such as training and education courses and free legal advice to answer questions like the ones raised today, any time you need. The union may also be doing campaigning work within your wider industry to improve conditions or policies nationally. There’s more on all that here: www.gmb.org.uk/why-join-mn The other thing I’d say, of course, is that once you’re a member GMB would do everything possible to support you in growing the union within your workplace – we can provide training and resources to help organise colleagues. Sue

@pushchairprincess

I can work from home, and will continue to do so for the foreseeable. I am working from my kitchen table, using a notebook (I usually have 2 screens at work and not so at home) work takes longer as I have to switch programmes what are my rights to request the correct IT equipment, including chair and additional screen. I have been contracted by my boss asking why my processing is taking longer than usual (indicating I am time wasting at home) it's leaving me stressed and feeling vulnerable to potential disciplinary action (should redundancies be required I may be first in the line) - any advice most welcome.

Firstly, I hope you managed to explain that the reason you can’t be as productive is because you don’t have the correct equipment. This should really be common sense, but maybe they have a full office set up at home so it’s not an issue for them. If your boss would like you to be more productive then they will obviously have to provide you with the equipment you need to do this. If you haven’t already done this, raise it with them ASAP. This is clearly affecting your health and your employer has a duty of care to protect the health and safety of their employees. We don’t know when a full return to work will happen, and ill-health conditions will get worse if they are not tackled. If you are not already in a union, I recommend you join one now if you are worried about potential disciplinary action. Lynsey

@ButterflyOfFreedom

I'm having to work from home due to the situation. At the moment I'm being asked to use my own laptop, mobile & I don't have a sufficient office set up (suitable desk & chair etc). Have I got a right to ask my employer to provide such things?

Yes, you should request what you need ASAP. By law, employers are responsible for the health and safety of all employees, including those working from home. Not having a suitable office set up for a long period of time can cause muscular and joint issues. Reducing the risk of muscular and joint issues caused by your work environment would still be the responsibility of your employer when you are at home. Lynsey

@kedooo

I am pregnant and currently furloughed as my workplace is closed. When it reopens and I'm asked to go back the only way for me to get to work is via public transport which I don't feel safe getting while pregnant and I can't do my job from home. Am I allowed to tell my employer I don't want to commute in to work and will this affect my maternity leave if I take unpaid leave (if they allow it)?

It’s worrying times for all of us, the government instruction on returning to work last Sunday was just a bolt out of the blue without any planning or thought- or so it appeared. So, what we can glean from what has happened since then is that all employers must consider whether a job can be done from home, where it can't be then the employer must do a risk assessment making sure all steps have been taken to make the place of work safe- but obviously part of that conversation should be about any concerns you have about using public transport and what the employer can do to either allay those fears- maybe staggering your start times to avoid what might be a congested journey? A number of people have asked what the value of joining a union are - there are many and we’ve expanded on some general benefits here: www.gmb.org.uk/why-join-mn - but one of the key ways a union rep helps here is assisting you in drawing these concerns to the employer. Don't take any steps to take unpaid leave etc until you have found out from your employer what their intentions are as that could effect your maternity pay depending on where you are in your pregnancy timewise. Sue

@Worried74

I have been asked to return to work next week but have a child in year 4 and obviously no access to childcare. I have been furloughed but still working. My job can be done from home and I have been doing all I can and have paid to take work related courses whilst not in the office, what are my rights?

Ok, @Worried74, my main concern is why you are working when furloughed - the Job Retention Scheme is very clear - an employer can only reclaim wages from HMRC if an employee is doing no work that either generates revenue for the employer or associated company, or provides a service to them. But on the issue of furlough ending when you still have child care issues, if your employer does decide to end furlough then you would need to have the discussion with them about being able to work from home- whilst the government’s message has been very muddled, in our view, what does appear to be the case is still a direction to employers that the first consideration is- "can the job be done from home?". If it can be then it should be. Sue

@lovemyflipflops

Can my employer put me on a part time contract after my furlough period ends ? This is what I expect will happen from conversations with my manager, I won't be able to manage financially.

We think lots of employers will try and use the end of furloughing to try and change terms and conditions to the detriment of their employees - which is why it’s so important to be part of a union (it’s less likely an employer would do this where there’s a strong union, and even where not you’d have a local rep on your side and the weight of the union behind you). But unless there is a term in your contract which allows your employer to change your hours, then the only way they can do that is either with your consent or by taking drastic action to terminate your contract and re-engage you on the reduced hours- but there may also be a redundancy situation here. Until you have fuller information it’s difficult to advise - but make sure you ask for all of it to be put in writing to you and don’t allow them to rush you into anything, please. Sue

@NewModelArmyMayhem18

Oh and perhaps most crucially I am really the pivot of the whole operation in terms of being the only person who has an overview of how everything works! Not blowing my own trumpet that's just how it is!

And is it true that even as a contractor one does have certain rights after two years? If so what are they, please?

Thanks in advance.

No. There are no rights after 2 years for a self-employed contractor I am afraid - employment rights that arise after the 2 year period only relate to employees. The law recognises 3 categories: employee/worker/self-employed. If you believe you are not a self-employed contractor then you could ask an Employment Tribunal to determine if you are either a worker or an employee- that will depend very much on the control the "employer" has over the work you do/when you can do it and whether you can substitute someone else to do your job/refuse to do tasks. They are not straight forward arguments. GMB has pursued many claims on behalf of those in the " gig " economy to show they are workers and should be entitled to holiday pay. Sounds like you need to join a union! Sue

@Serin

Until February of this year I had an exemplary sickness record (have not had an episode of sickness for 10 years) In Feb I had tonsillitis and was off for 4 days, then I caught Covid and was off for 2 weeks. On my return to work I wasn't functioning very well (complete exhaustion, breathlessness and actually still coughing) so I was off for a further week. Because of this I have been put on a disciplinary stage 1 sickness warning. Can they do this? it seems so unfair. I'm a front line NHS worker.

I am sorry to hear that; this is definitely one to raise with your union rep if you are a member of one. GMB has called for all employers to disregard any covid-19 related absence when looking at sickness absence and the triggering of disciplinary procedures. I agree - it seems unfair, but taking legal action seems a limited option to me, unless you believe the action was taken against you because of a 'protected characteristic' - so for example because you are female/BAME/gay? And even then you would have to establish someone who did not share your protected characteristic was treated differently and more favourably. I would encourage you to join a union if you're not a member and speak to your rep about appealing/raising a grievance about the inclusion of the Covid-19 related symptoms. Sue

@justlikejasper

Can an employer legally take an employee off furlough who can't return to work due to lack of childcare therefore leaving them on unpaid leave?

If an employer does take that step, then there may well be a claim for indirect sex discrimination – I expanded a bit more on this in a similar question earlier from @katmarie. Sue

@onlinelinda

If someone is made redundant two weeks before they have two years service, and given a months notice, does the employer have to pay one weeks redundancy on top of the months notice? Does the months notice count towards the period of service?

I’m afraid not, because the statutory notice entitlement is one week for every complete year you have been there. So if you are dismissed by redundancy at 1 year and 50 weeks then the statutory one week notice would take you to 1 year and 51 weeks. But the fact you have contractual notice of one month, then you need to also look and see if that can be paid in lieu - because if it can’t be then it might be that you can argue that the employment doesn’t end until 2 weeks after the 2 years period- so there are lots of ifs and but there (sorry) but I would need to see your contract to try and work out why you have that more favourable notice period in your first years of employment. That’s the kind of thing a Union’s legal team could look at in more detail if you are in one. Sue

@Katesmate123

If someone works part time hours alongside full time staff and the whole team is put back to work only part time will the part time member of staff be asked to do their usual hours? This means the full time staff would be taking home full pay for less hours so be effectively paid much more.

I think it would be surprising if the employer put full-time staff onto part-time hours and then agreed to pay them normal (full time) pay. But if that happens then you wouldn’t have any claim - because you are still being paid the money you are due. Sue

@BristolMum96

My workplace is currently fully closed due to the crisis. When we open we are expected to absolutely max out our working hours. So instead of say 9-5 Mon-Fri, we are expected to open 7-7 Mon-Sun and work as many hours as possible to catch up. This is expected and asked of the whole team. Can they penalise anyone who can't undertake this? Due to childcare, poor health etc.

No, the first consideration is what your contractual hours are, and then what the expectations arising from your contract that an employer could have of you working hours over and above your normal hours? If there is no contractual requirement to do excess hours, then it’s difficult to see how the employer could insist on this. I know you will all feel pressure to assist - but if the employer does insist on hours that are impossible for employees to work because of child care or disability issues, then yes I think that could have repercussions for your employer and people may well have claims if the employer insists on them working additional hours/fails to make adjustments for those with disabilities – or treats people to their detriment if they say they can’t do the extra hours. Sue

@ohdannyboy

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)

There is no requirement to "pay back" any money. The government is giving a grant to your boss at the hairdressers because they are shut and can’t offer you any work at the moment. The government guidance makes it perfectly clear someone who is furloughed can get another job - though it does say you should only do so if your main contract allows for that. I have taken that to mean you should have a conversation with the employer who is furloughing you before you take on any new work. But leaving that aside, is your hairdressing boss saying that they will pay that back to the government?! Because remember the Job Retention Scheme (JRS) is a grant to cover wages an employer has paid. So, who is it they suggest should benefit from any repayment?? That’s just nonsense, frankly. If you give your notice then yes you are entitled to notice pay - and I think that should in fact be at full pay not just the furlough rate for most employees, who only have to give their employer statutory notice. Your situation may be slightly different because you mention having to give 30 days’ notice? But if your boss doesn’t pay your correct wages then you may well have an unlawful deduction from wages claim - sounds to me that moving may well be a good plan! I know lots of people who work in hairdressing don’t see the benefit of being in a union - though not at the place I go to, many of them have joined the GMB, but in retail GMB is strong presence and you should consider joining the union. Here is some more information: www.gmb.org.uk/why-join-mn Sue

@Annie8294

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?

Sounds very odd - how can people be redundant if the employer is saying it can re-employ people straight away? This is just a ruse to try and cut terms and conditions – it’s something that has come up in a few of the other questions and it really shows how important it is you and your colleagues join a union to try and stop rogue employers taking advantage of all of our insecurities about what is going to happen going forward in the job market. They will try to slash workers terms - wonder if the boss is also taking a pay cut? Sue

@snowstorm69

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 ?

Always have a rep go into a meeting with you - it doesn’t matter how calm we feel about situations, when it’s about you and your job then you will feel in a spin - and having someone independent who can write it all down, raise issues for you or prompt you to ask questions is invaluable in these types of situations. And yes, I agree- why is your employer saying there is a need to make redundancies now, when the Job Retention Scheme (JRS) is continuing until the end of October - that may well mean the argument for redundancy is questionable and make any redundancies potentially unfair. It seems to me they are using it as an excuse to reduce T & Cs. If they are making more than 20 people redundant the employer has a statutory obligation to consult with a recognised Trade Union - get your colleagues to join with you. On the 2 years point, it will all depend on how long the process takes- but if there are 20 people being made redundant then the employer must consult with a recognised TU for at least 30 days, if more than 100 people in a 90 day period that increases to 45 days. Sue

@Melllllll90

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?

You really need to sit down and talk through the situation with your union rep, if you’re a member of one - you say you work full-time and then that you were told to return with less than 24 hours’ notice. So, I am assuming you normally work full-time but are presently furloughed and would struggle to return to work immediately because of childcare issues? So, on the notice issue - that would have been set out in your furlough letter - most employers’ notices that I have seen referred to 48 hours, but I don’t know what you agreed with your employer when you agreed to be furloughed? But why isn’t your employer continuing furlough - they can do so and the government isn’t changing its position. I realise it’s very distressing for you - but going in sick probably isn’t the answer, that could count against you in the long term and I am assuming being off sick may be affecting your furlough pay and what your employer can reclaim from the government against your wages? There may be a legal claim here - but any claim would take months to resolve - what you need is a union rep to go in and talk some sense to your employer - good luck. Sue

@sunbuns

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?

One of the issues with the Job Retention Scheme (JRS) is that no employee can insist on being furloughed- that’s a choice for the employer. But I really do think this TA needs to speak to their union rep - I am concerned that there is no written contract, and I am not sure why there isn’t but though may not be completely insurmountable, you can have a contract which isn’t written down but still is a contract- if that makes sense? So, if there is certainty about what was planned to happen etc, then that may mean there was a contract to be given work which hasn’t happened. This really is one where this TA needs to be in a union and ask their trade union rep for help in approaching the employer about her entitlement. Sue

@EG1983

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?

Every employer has a duty of care to make workplaces safe. You are entitled to ask for a risk assessment and to challenge any systems of work that make you unsafe. Also if you can't go back to school due to child care responsibilities you could ask for time off leave for dependents. The understanding is government won't fine parents for not sending their children to school and if you feel your child may not be safe at school then you are perfectly within your rights to ask a risk assessment to see how your child will be made safe at school. Rehana

@PorridgeAgainAbney

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?

Yes, staff can be made redundant, but the employees should be paid 100% of their pay during their notice period. But the government is allowing employers to reclaim money through the Job Retention Scheme (JRS), even where that money is notice pay. There ought also to be some consideration of whether the redundancies are fair – which I’ve covered in some of my other answers - why doesn’t the employer just continue furloughing staff? Sue

@Chloe2012

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.

No - all contractual terms continue during maternity leave, except the entitlement to receive full pay. Sue

@lampygirl

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...)

The Government has been clear on this, anyone who can work from home should continue to do so. If there are people who can’t work from home, then your employer may need to make other arrangements for them or carry out a risk assessment to see how they can return these people to work safely. They should not look at bringing those back who can work from home though, they should still be working from home. The less people being brought into the building the better, as this will help allow 2 metre social distancing. Lynsey

@Perihelion

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?

The only stipulation from the government is that furlough period, at present, has to be 3 weeks. There is no detail on how long the "at work" period is. The situation will change after 1/8/20 - but we are awaiting guidance on how that will look. Sue