Bargaining in support of staff still working in their normal workplace Last updated: 8 April 2020

Bargaining on

workplace practices

during the COVID-19

pandemic

Bargaining on workplace practices during the COVID-19 pandemic Last updated: 12 May 2020 1

UNISON will seek to update this guidance as developments unfold and applies

across the UK. If negotiators have any comments on this guidance or any

experience of the scheme that could be usefully incorporated in the guidance, please

contact Bargaining Support at bsg@unison.co.uk

Bargaining on workplace practices

during the COVID-19 pandemic

Introduction

This short guide is intended to assist negotiators when supporting staff required to

continue to work at their normal workplace during the COVID-19 pandemic. This

guide highlights best practice in health and safety and terms and conditions for this

group of workers.

Whilst the government’s advice in England changed in May 2020 to “stay alert,

control the virus, save lives”, along with the easing of some restrictions, their

emphasis remains on staying at home as much as possible and working from home

if you can.

Employers should not expect workers to travel to work and work at their normal

workplace unless it is not possible to work from home or if they are a critical worker.

The simplest way of preventing transmission of COVID-19 is to completely eliminate

any work-related travel and social contact, and this can best be achieved by

employers instructing and facilitating workers to work from home.

If workers are working at their normal workplace they should at least follow the

measures listed in the new “COVID-19 secure” safety guidelines

www.gov.uk/guidance/working-safely-during-coronavirus-covid-19

More guidance on home working for workplace reps and branches:

www.unison.org.uk/content/uploads/2020/04/Homeworking-model-policy-and-

bargaining-guidance-April-2020-2.docx

And for members: www.unison.org.uk/coronavirus-rights-work/coronavirus-

working-home

Bargaining on workplace practices during the COVID-19 pandemic Last updated: 12 May 2020 2

More guidance for UNISON reps on COVID-19

www.unison.org.uk/coronavirus-rights-work/covid-19-advice-reps

and from bargaining support www.unison.org.uk/bargaining-guides

Coronavirus guidance for health and safety reps

www.unison.org.uk/unison-health-and-safety/coronavirus-guidance-health-

safety-reps/

As Dave Prentis, UNISON’s general secretary has stated:

“In the next stage of our national and international effort to fight this virus, safety

must be paramount – for working people, for public services and for those fighting to

care for those in the most desperate need…

Our members have worked so hard to battle the virus, protect our communities and

maintain the lockdown. Now they need the government to work just as hard to

ensure that any relaxation of the lockdown – whenever it comes in different parts of

the UK – is safe for all workers.

That is UNISON’s bottom line.”

OUR PLAN TO REBUILD: The UK Government’s COVID-19 recovery strategy

www.gov.uk/government/publications/our-plan-to-rebuild-the-uk-governments-covid-

19-recovery-strategy

For specific guidance for branches, reps and members in Northern Ireland

UNISON Northern Ireland

https://www.unison-ni.org.uk/

NI Direct government services

www.nidirect.gov.uk/articles/coronavirus-covid-19-overview-and-advice

For specific guidance for branches, reps and members in Scotland

UNISON Scotland

https://unison-scotland.org/

Scottish government

www.gov.scot/coronavirus-covid-19

For specific guidance for branches, reps and members in Wales

UNISON Cymru/Wales

https://cymru-wales.unison.org.uk/

Welsh government

https://gov.wales/coronavirus

Bargaining on workplace practices during the COVID-19 pandemic Last updated: 12 May 2020 3

The guidance is structured as follows:

Supporting ‘critical’ or ‘key’ workers and other staff who cannot work from home

............................................................................................................................... 4

Who are the ‘critical’ and ‘key’ workers? And the other staff who cannot work

from home?............................................................................................................ 4

How can these workers be supported to remain healthy and safe? ..................... 6

What particular health and safety measures are UNISON calling for? ................. 7

What about ‘self-isolating’ workers, ‘shielded’ workers, pregnant workers and

other workers at particular risk should they contract COVID-19? ....................... 10

What if there are genuine concerns from members that the workplace is not

sufficiently safe or due regard has not been given to specific COVID-19 health

and safety requirements? .................................................................................... 12

What about staff with childcare or vulnerable adult care concerns? ................... 13

What about workers who are redeployed i.e. asked to take on different roles than

normal during the COVID-19 pandemic? ............................................................ 14

What about other workplace activity started before the COVID-19 pandemic such

as restructuring, redundancy consultations, TUPE transfers, non-urgent

disciplinary procedures? ...................................................................................... 16

Bargaining checklist ............................................................................................. 17

Bargaining on workplace practices during the COVID-19 pandemic Last updated: 12 May 2020 4

Supporting ‘critical’ or ‘key’ workers and other staff who

cannot work from home

Who are the ‘critical’ and ‘key’ workers?

The government have identified various workers such as those working in

healthcare, social care, local government, key public services, utilities and transport

“whose work is critical to the COVID-19 response.”

More guidance for healthcare workers www.unison.org.uk/at-work/health-

care/big-issues/covid-19-advice-health-workers

More guidance for social care workers www.unison.org.uk/care-workers-your-

rights/coronavirus-advice-social-care-workers

More guidance for local government workers www.unison.org.uk/at-work/local-

government/coronavirus-guidance-local-government-workers

More guidance for higher education workers www.unison.org.uk/at-

work/education-services/key-issues/covid-19-advice-staff

The government list also confirms that educational provision will be available for the

children of parents who are critical workers. The workers providing this educational

provision are also obviously critical workers themselves.

More guidance for education workers www.unison.org.uk/at-work/education-

services/key-issues/covid-19-closures

And the other staff who may not be able to work from home?

The government’s new strategy that applies from Wednesday 13 May in England

states that:

“all workers who cannot work from home should travel to work if their

workplace is open. Sectors of the economy that are allowed to be open

should be open, for example this includes food production, construction,

manufacturing, logistics, distribution and scientific research in laboratories.

The only exceptions to this are those workplaces such as hospitality and

nonessential retail which during this first step the Government is requiring to

remain closed.”

Therefore, a wider pool of workers in England may now be expected to work in their

normal workplace if it is open. It should only be open if it is safe to do so within

‘COVID-19 Secure Guidelines’, although the government makes reference only to

employers following these guidelines as soon as is practicable.

Bargaining on workplace practices during the COVID-19 pandemic Last updated: 12 May 2020 5

It should be noted that the government states that their guidance “should be

considered alongside local public health and safety requirements for Scotland,

Wales and Northern Ireland.”

For specific guidance for branches, reps and members in Northern Ireland

UNISON Northern Ireland

https://www.unison-ni.org.uk/

NI Direct government services

www.nidirect.gov.uk/articles/coronavirus-covid-19-overview-and-advice

For specific guidance for branches, reps and members in Scotland

UNISON Scotland

https://unison-scotland.org/

Scottish government

www.gov.scot/coronavirus-covid-19

For specific guidance for branches, reps and members in Wales

UNISON Cymru/Wales

https://cymru-wales.unison.org.uk/

Welsh government

https://gov.wales/coronavirus

Bargaining on workplace practices during the COVID-19 pandemic Last updated: 12 May 2020 6

How can these workers be supported to remain healthy and safe?

Health and safety issues are of critical importance in supporting workers. Branches

and workplace reps should be reminding employers of their continuing duty of care

to employees, even in these difficult and unprecedented times. Now, perhaps more

than ever, employers should not be allowed to cut corners on safety measures.

The starting point for the employer should be the risk assessment, prioritising

measures that eliminate or at least minimise the risk of the hazard. As the main

hazard is contracting COVID-19, whilst the risk cannot be totally eliminated,

measures to minimise the risk should include social distancing and protections such

as handwashing facilities, alcohol-based hand sanitisers and personal protective

equipment.

Some measures to prevent the spread of COVID-19 may, in themselves, create

additional hazards. These include homeworking, isolation and other stress or mental

health problems, staff being re-assigned to different roles or duties, use of

volunteers, use of unfamiliar equipment, and working in different buildings and

facilities.

The government has most recently issued guidance to help ensure workplaces

are as safe as possible (www.gov.uk/guidance/working-safely-during-coronavirus-

covid-19) that covers 8 workplace settings which are allowed to be open. These are:

• construction and other outdoor work

• factories, plants and warehouses

• labs and research facilities

• offices and contact centres

• other people’s homes

• restaurants offering takeaway or delivery

• shops and branches

• vehicles.

The guidance focuses on 5 key points:

1. Work from home, if you can

2. Carry out a COVID-19 risk assessment, in consultation with workers or trade

unions

3. Maintain 2 metres social distancing, wherever possible

4. Where people cannot be 2 metres apart, manage transmission risk

5. Reinforcing cleaning processes.

To assist with risk assessments, existing guidance on infection prevention and

control for COVID-19 issued jointly by the Department of Health and Social Care

(DHSC), Public Health Wales (PHW), Public Health Agency (PHA) Northern Ireland,

Health Protection Scotland (HPS), Public Health England and NHS England has

recently been updated. This covers areas such as personal protective equipment

(PPE) shortages, and routine decontamination of reusable equipment.

Bargaining on workplace practices during the COVID-19 pandemic Last updated: 12 May 2020 7

Compliance with all this guidance would help employers to demonstrate they have

complied with their legally enforceable health & safety duties.

However, each workplace provides its own unique challenges, which employers

must respond to in their risk assessments. For example, although the government

may advise that for most workplaces outside the health & social care sector,

personal protective equipment (PPE) is not necessary, there may be circumstances,

such as when social distancing is difficult to maintain, when it is.

As the Health & Safety Executive, TUC and CBI made clear in a joint statement,

failure to comply with public health guidance and do everything reasonably

practicable to keep workers safe from COVID-19 may result in employers being hit

with enforcement notices and potential closure.

Coronavirus guidance for health and safety reps

www.unison.org.uk/unison-health-and-safety/coronavirus-guidance-health-

safety-reps/

Social distancing and hygiene in the workplace

www.unison.org.uk/coronavirus-rights-work/social-distancing-workplace

Government guidance on working safely during coronavirus (COVID-19)

www.gov.uk/guidance/working-safely-during-coronavirus-covid-19

Government guidance on infection prevention and control for COVID-19

www.gov.uk/government/publications/wuhan-novel-coronavirus-infection-

prevention-and-control

More guidance on health and safety risk assessments

www.unison.org.uk/get-help/knowledge/health-and-safety/risk-assessment

and www.unison.org.uk/content/uploads/2014/07/On-line-Catalogue221002.pdf

Bargaining on workplace practices during the COVID-19 pandemic Last updated: 12 May 2020 8

What particular health and safety measures are UNISON calling

for?

As well as specific measures for particular workplaces, UNISON branches and

workplace reps should be asking employers to:

• conduct health and safety risk assessments

• allow home working (where the role permits) for staff to better achieve the

recommended social distancing

• ensure all reasonable social distancing measures are in place in the workplace,

including arranging rotas and schedules to reduce the number of staff required on

site

• ensure that measures are in place to protect those staff most at risk either

because of age, or they are disabled, have an underlying health condition or are

pregnant. This could include change of duties, additional social distancing

measures or instructing them to stay at home even when it is not possible to do

their job from home

• if staff are working with people who may be showing COVID-19 symptoms,

ensure appropriate isolation procedures are in place, that contact with those

experiencing COVID-19 is limited, as far as is reasonably practicable, to those

whose jobs require it and to those who have been provided with the required

personal protective equipment (PPE)

• provide sufficient protective equipment and ensure workplaces are fully stocked

with all necessary cleaning products

• ensure adequate supplies of thermometers to monitor the health of staff (and

service users where relevant) and of hand-washing facilities and alcohol-based

hand sanitisers

• reviewing the provision of tissues and sealed bins for disposal, along with the

regularity of waste collection

• considering the intensification of cleaning methods and its regularity

• ensuring cleaning staff are provided with disposable gloves and aprons, utilise

disposable cloths and mop heads, and deploy both detergent-based and steam

cleaning as appropriate

• staggering staff breaks so that safe distances can be kept in rest areas

• keeping windows and doors open where it is safe to do so

• minimising face-to-face contact through restricted travel and meetings

• keeping in touch with their local public health team over health & safety issues.

Bargaining on workplace practices during the COVID-19 pandemic Last updated: 12 May 2020 9

More guidance on social distancing www.unison.org.uk/coronavirus-rights-

work/social-distancing-workplace

If the physical distance between people cannot be maintained, try to negotiate the

use of other measures. For example:

• some refuse firms have reduced the number of people permitted in the cab of a

refuse vehicle to two, allowing staff to maintain a safer distance

• agreeing that staff undertake continuing professional development (CPD) plans at

home, helpful for staff whose role cannot be done at home

• limiting close contact with others to only those who have been provided with the

appropriate training and personal protective equipment (PPE).

More guidance on personal protective equipment (PPE)

www.unison.org.uk/coronavirus-rights-work/personal-protective-equipment-

coronavirus

It is also important that the employer communicates to all staff a clear procedure

should they experience any of the symptoms of COVID-19.

This should include:

• publicising what COVID-19 symptoms are as advised by the government and

the NHS

• who to notify at work

• an immediate need to go home and to self-isolate in line with government

advice

• who to contact if their symptoms worsen

• that any proof required should be limited to the isolation notes that can be

obtained from NHS 111 https://111.nhs.uk/isolation-note/

In recognition of the unprecedented scale of the COVID-19 pandemic, it’s also

important to get the employer to agree to discount any related absence from triggers

for action specified in any attendance management, disciplinary, redundancy or

capability policy.

More guidance on sickness absence during the COVID-19 pandemic

www.unison.org.uk/content/uploads/2020/04/Covid-19-Pandemic-Bargaining-

over-Sickness-Absence-v3.pdf

Bargaining on workplace practices during the COVID-19 pandemic Last updated: 12 May 2020 10

What about ‘self-isolating’ workers, ‘shielded’ workers, pregnant

workers and other workers at particular risk should they contract

COVID-19?

For some people, self-isolating at home is essential under government guidance

(such as those who live in a household where another member has displayed

symptoms of COVID-19 and those who need to follow shielding measures because

they have a very high risk of severe illness from COVID-19 due to an underlying

health condition).

The government has also issued ‘strong advice’ that pregnant women should work

from home if possible. In addition, the government advised pregnant women to be

particularly stringent about ‘social distancing’. If it is not possible for a pregnant

worker to work from home, it is essential that the employer undertakes a risk

assessment of each individual pregnant worker’s working environment and the

specific role they have.

More guidance on supporting pregnant workers during the COVID-19

pandemic

www.unison.org.uk/content/uploads/2020/04/Covid-19-Pandemic-Bargaining-

in-support-of-pregnant-workers.pdf

Staff who are self-isolating but cannot do their work at home, should, by law at least

receive statutory sick pay. Employers may also provide contractual sick pay. Staff

who are undertaking shielding measures can be furloughed under the government’s

Job Retention Scheme, which has now been extended until October 2020.

More guidance on furloughing and the Job Retention Scheme

www.unison.org.uk/content/uploads/2020/04/Job-Retention-Scheme-QA.pdf

www.unison.org.uk/content/uploads/2020/04/Job-Retention-Scheme-

Bargaining-Guidance.pdf

Try and negotiate with employers to instead continue to pay normal salaries if

feasible and ‘medically exclude’ self-isolating staff, as a way of encouraging

workers to do the right thing and follow government guidance on self-isolation, and

not infect other workers.

Under the NJC ‘Green Book’ terms and conditions used in local government and

many schools there is a clause:

“An employee who is prevented from attending work because of contact with

infectious disease shall be entitled to receive normal pay. The period of

absence on this account shall not be reckoned against the employee’s

entitlements under this scheme.”

This would be the ideal option to reach for negotiations, particularly for self-isolating

staff who cannot be furloughed.

Bargaining on workplace practices during the COVID-19 pandemic Last updated: 12 May 2020 11

More guidance on supporting staff unable to work

www.unison.org.uk/content/uploads/2020/04/Covid-19-pandemic-bargaining-

for-staff-unable-to-work-v5.pdf

All bargaining guidance for branches and workplace reps during the COVID-19

pandemic

www.unison.org.uk/bargaining-guides

Bargaining on workplace practices during the COVID-19 pandemic Last updated: 12 May 2020 12

What if there are genuine concerns from members that the

workplace is not sufficiently safe or due regard has not been given

to specific COVID-19 health and safety requirements?

UNISON believes that workers should never be in a situation where they might

endanger themselves and others in the course of doing their jobs. Throughout the

pandemic, the union has challenged the government on issues of health and safety,

including availability of personal protective equipment (PPE).

However, PPE should be considered alongside – not instead of – measures such as

working from home, workplace adjustments and following government guidelines on

social distancing and self-isolation.

As a last resort, when faced with a dangerous working environment which you

cannot reasonably be expected to avert, every employee “has the right not to suffer

detriment if they leave, or refuse to attend their place of work (or any part) in

circumstances where they reasonably believe that they are being exposed to serious

and imminent danger”.

Although this is a measure of last resort, UNISON will provide advice and support to

members who choose to exercise these rights.

If there is any concern about the safety of a workplace, the branch should

contact their regional organiser (www.unison.org.uk/regions) and seek legal

advice if appropriate.

Bargaining on workplace practices during the COVID-19 pandemic Last updated: 12 May 2020 13

What about staff with childcare or vulnerable adult care concerns?

Workers who are not ‘critical’ or ‘key’ workers under the government list will not be

able to access educational provision for their children as yet. However, the

government has announced that schools in England should prepare to begin to open

for more children from 1 June.

UNISON’s Head of Education, Jon Richards has demanded: “Ministers must

pause their plans and work together with unions to create safe schools.”

Latest COVID-19 advice for school staff from UNISON

www.unison.org.uk/at-work/education-services/key-issues/covid-19-closures/

In the meantime, many workers may be faced with the dilemma of how to safely care

for their children at home, whether during the school term or during the school

holidays.

The government advice includes:

1. Parents should not rely for childcare upon those who are advised to be in the

stringent social distancing category such as grandparents, friends, or family

members with underlying conditions.

2. Parents must also do everything they can to ensure children are not mixing

socially in a way which can continue to spread the virus. They must observe the

same social distancing principles as adults. So normal options for childcare such

as at grandparents or friends may not be possible.

Some workers may also be faced with the dilemma of having to care for vulnerable

elderly adults, including those that are ‘shielding,’ but not be able to work from home.

It is important that in such situations the employer is sympathetic. Employers should

be encouraged to explore the possibility of homeworking for these employees, or

redeploying them to a suitable alternative job they can undertake from home if the

worker agrees. However this may not be feasible and it will be important to try to

negotiate the option of furloughing the worker if they are not able to work from home

and fulfil their caring responsibilities safely, rather than forcing staff to use their

annual leave or take unpaid leave, and before the possibility of redundancies is

explored.

Employers can furlough staff under the government’s Job Retention Scheme. Self-

employed workers may be able to apply for a grant under the government’s Self-

employment Income Support Scheme.

More guidance on furloughing and the Job Retention Scheme

www.unison.org.uk/content/uploads/2020/04/Job-Retention-Scheme-QA.pdf

www.unison.org.uk/content/uploads/2020/04/Job-Retention-Scheme-

Bargaining-Guidance-3.pdf

Bargaining on workplace practices during the COVID-19 pandemic Last updated: 12 May 2020 14

What about workers who are redeployed i.e. asked to take on

different roles than normal during the COVID-19 pandemic?

It’s important that workers are not forced to take on different roles in order to keep

their job. Agreement should be on a voluntary basis and with proper support

provided by the employer such as additional training.

Any redeployment is likely to mean a variation in the employment contract unless

there is a ‘flexibility clause’ in the worker’s contract that allows a change to the job

and duties or work location. This would need to be specified and is different to a

clause stating “any other duties commensurate with the grade/role.”

It would be essential for the employer to get the individual agreement of the affected

worker to any redeployment following a full discussion on the implications. The

employer should confirm any changes made to the contract in writing, including the

temporary nature of the redeployment during the COVID-19 pandemic. There is

always an expectation for the employer to act ‘reasonably’ including the

consideration of suitable alternative work within the particular circumstances of the

worker. An employee can appear to agree to the change in contract by performing

the changed duties.

If there is any concern about a proposed redeployment, the branch should

contact their regional organiser (www.unison.org.uk/regions) and seek legal

advice if appropriate.

Workers should be compensated for all reasonable additional costs incurred during

the redeployment, such as for additional travel, meal allowances and

accommodation.

Workers should suffer no financial detriment and should continue to be paid at their

usual contracted rate. If anything, there may be a need to review overtime

payments, bonuses etc so that the employee’s willingness to work flexibly in difficult

circumstances, possibly taking on additional or new responsibilities can be

appropriately rewarded.

Where employees are temporarily undertaking roles that are paid at a higher rate

than their usual contracted rate, they should receive the higher rate of pay for the

duration of the assignment.

What about secondments?

It’s important that staff voluntarily agree on the secondment and not be forced to

undertake it. Ideally this will be time-limited or will at least state when the situation

will be periodically reviewed.

As far as the worker is concerned, they still have the same employer. The host

organisation may reimburse costs to the normal employer and this should be an

Bargaining on workplace practices during the COVID-19 pandemic Last updated: 12 May 2020 15

agreement between the organisations, but the status of the worker will not change,

nor should they see any changes to when they are paid and by whom.

It is also important that their normal employer guarantees to reinstate the worker to

their former job, with the pay and benefits that they would have received had the

secondment not taken place.

The employer should also compensate the worker for all reasonable additional costs

incurred during the secondment, such as for additional travel, meal allowances and

accommodation.

Bargaining on workplace practices during the COVID-19 pandemic Last updated: 12 May 2020 16

What about other workplace activity started before the COVID-19

pandemic such as restructuring, redundancy consultations, TUPE

transfers, non-urgent disciplinary procedures?

We are in a middle of an unprecedented global health emergency and nothing

should detract from providing the critical work needed to respond to the pandemic.

Employers should be persuaded to put on hold all unnecessary activity that could

detract from focusing on the critical work.

For example, the NHS employers and trade unions agreed on a statement,

recognising that partnership working in organisations may need to be streamlined

and that organisational change, employment processes and industrial disputes put

on hold.

This includes “disciplinary and other employment procedures (for example, sickness

and capability triggers) while the crisis lasts, except where the employee requests

proceeding as it would otherwise cause additional anxiety, or where they are very

serious or urgent.”

Acas have also brought out guidance on disciplinary and grievance procedures

during the coronavirus pandemic. They highlight that procedures:

“must be carried out in a way that follows public health guidelines around

social distancing and closure of certain business premises.

Going through a disciplinary or grievance procedure can be stressful in

normal times, and employees might be facing other stressful circumstances at

this time. Employers should give careful consideration to the health and

wellbeing of employees when deciding whether and how to proceed at this

time.

It can be helpful for the employer to talk through the options with everyone

involved before making a decision whether or not to proceed.”

They also point out that a worker on furlough can still take part in disciplinary and

grievance procedures. This includes allowing furloughed workplace reps

accompanying workers at procedures.

More guidance can be found in the model workplace agreement for the

duration of the COVID-19 pandemic

www.unison.org.uk/content/uploads/2020/03/Model-Workforce-Policy-for-

Duration-of-Covid-19-Crisis-Final.docx

Acas guidance on disciplinary and grievance procedures during the

coronavirus pandemic

www.acas.org.uk/disciplinary-grievance-procedures-during-coronavirus

Bargaining on workplace practices during the COVID-19 pandemic Last updated: 12 May 2020 17

Bargaining checklist

More guidance for UNISON reps on COVID-19 www.unison.org.uk/coronavirus-

rights-work/covid-19-advice-reps

and www.unison.org.uk/bargaining-guides

Is it impossible to do the work from home or are the workers identified by the

government as ‘critical’ or ‘key’ workers? Try to persuade employers to explore

different ways of working that may allow some workers to work from home,

perhaps with loaned IT and other equipment.

If it’s essential for workers to continue to work at their normal workplace, has the

employer allowed a more flexible start and finish time so as to avoid busier travel

times?

If it’s essential for workers to continue to work at their normal workplace, has the

employer properly considered all health and safety risks? Have they undertaken

COVID-19 risk assessments? Have they put in place measures to eliminate or

minimise risks including social distancing and isolation measures as required,

handwashing and alcohol-based hand sanitisers, and use of personal protective

equipment (PPE) where appropriate? Have they followed all the government

guidance on COVID-19 secure workplaces?

Has the employer made special provision for disabled staff and others with

underlying health conditions? Have they considered the medical exclusion of

such staff on full pay if they are not able to work from home? If this is not

feasible, have they considered furloughing these staff members?

Has the employer made special provision for pregnant workers and undertaken

individual risk assessments? Have they considered the suspension of such staff

on full pay if they are not able to work from home and suitable alternative work

that can be done at home cannot be offered?

Have staff who use PPE been properly trained in their usage?

Has the employer a clear procedure in place should any staff members

experience symptoms of COVID-19?

Has the employer considered the furloughing of staff who have unexpected

caring responsibilities as a result of government action, if they are not able to

work from home?

Has the employer considered the medical exclusion of staff on full pay who have

to self-isolate because they have contracted COVID-19 or a member of their

household has contracted COVID-19, if they are still well but not able to work

from home?

Bargaining on workplace practices during the COVID-19 pandemic Last updated: 12 May 2020 18

If the employer will not continue to pay self-isolating workers, will they agree to

pay contractual sick pay and not just the statutory sick pay that is legally due to

such workers?

Where staff cannot work from home, is the employer also considering

redeployment? It’s important that individual workers agree to any such

redeployment and they are not forced to take on work for which they are not

trained or do not feel is suitable or reasonable.

Is all unnecessary activity started before the COVID-19 pandemic such as

restructuring, redundancy consultations, TUPE transfers, non-urgent disciplinary

procedures put on hold?

Are employers carefully considering public health guidelines and the health and

wellbeing of employees when deciding whether and how to proceed with

disciplinary or grievance cases during the COVID-19 pandemic, as well as

following the Acas guidance?

Has the employer agreed to regular as well as ad hoc meetings (by telephone or

video) with union reps to discuss ongoing COVID-19 issues and

communications?