We believe that our members should never be in a situation where they might endanger themselves and others in the course of doing their jobs.
Putting you in that situation is potentially a breach of health and safety law and may spread coronavirus to people in high-risk groups.
As a last resort, when faced with a dangerous working environment which cannot reasonably be avoided, every employee has the right not to suffer detriment if they leave, or refuse to attend their place of work (or take other appropriate steps) in circumstances where they reasonably believe there is a risk of being exposed to serious and imminent danger (section 44 of the Employment Rights Act 1996).
Although this is very much a right of last resort, the context of a situation will be key on whether refusing to return to work or any other steps are appropriate. This means that an employee cannot automatically refuse a reasonable instruction to return to work without a good reason.
If you feel you are being put at risk it is crucial to get advice and discuss the situation with your UNISON representative. Contact the Branch and if needed you can seek advice from our regional office or legal team.
What is a risk assessment?
If you are attending your normal workplace, your employer must have undertaken a risk assessment to meet the government’s guidance on making workplaces COVID-secure.
A risk assessment is what an employer must do to keep their workers and anybody else who may use their workplaces, safe from harm and must be ‘adequate’, ‘suitable and sufficient’.
It identifies workplace hazards that are likely to cause harm to employees and visitors. COVID-19 is such a hazard and so employers must put in place measures to prevent its spread.
Employers must set out the measures they will take to address the hazards the risk assessment has identified. These must be kept under constant review taking into account changes such as changing government guidance, technological developments (such as vaccines, test and tracing), and increased understanding of how the virus is transmitted (by for example new variants etc).
Employers must identify all those for whom they have a duty of care, whether they are staff or service-users, who are classed as being either at most or moderate risk from COVID-19.
Research has shown that Black workers are at increased risk of infection, serious illness and death through COVID-19.
We need you to help us make workplaces safer: Find out how to become a Safety Rep