The health and safety responsibilities owed by school and college employers – UNISON

The health and safety responsibilities owed by school and college employers

Schools have legal responsibilities under the Health and Safety at Work Act 1974 to ensure the health, safety and welfare at work of all employees and to ensure other persons, not in their employment, are not exposed to a risk to their health and safety.

The Management of Health and Safety at Work Regulations 1999 require employers to undertake a suitable and sufficient assessment of the risks to health and safety of employees and others, such as pupils and parents, affected by the conduct of the employer’s undertaking. The Regulations also require the risk assessment to identify the measures necessary to comply with the statutory duties owed by the employer. Where the employer implements such measures, the primary duty is to avoid risks or combat the risks at source. The duties also include having appropriate procedures in place in the event of a serious and imminent danger.

Further, the relevant statutory provisions include the following:

  • Under the 1999 Regulations, any risk assessment shall be reviewed by the employer or self-employed person who made it if there has been a significant change in the matters to which it relates;
  • Every employer shall enable persons who are exposed to serious, imminent and unavoidable danger to stop work and, save in exceptional cases for reasons duly substantiated (which cases and reasons shall be specified in those procedures), require the persons concerned to be prevented from resuming work in any situation where there is still a serious and imminent danger.
  • In addition, the employer owes duty to inform and consult with safety representatives. Under the Safety Representative and Safety Committee Regulations 1977 (recognised unions) and the similar regulations applying where unions are not recognised, every employer shall consult safety representatives in good time with regard to the introduction of any measure at the workplace which may substantially affect the health and safety of the employees the safety representatives concerned represent.
  • Employers must ensure that employees who are exposed to risk to their health and safety which have not been adequately controlled by other means are provided with suitable personal protective equipment.
  • Finally, employers owe duties to assess risks and to protect employees against exposure to harmful biological agents under the Control of Substances Hazardous to Health Regulations 2002.

 

Sections 44/100 Employment Rights Act 1996

Under sections 44 and 100 of the Employment Rights Act 1996, employees are protected from detriment or dismissal where there exist circumstances of danger which they reasonably believe to be serious and imminent, and  they leave or propose to leave, or otherwise refuse to return to their place of work (or any dangerous part of the workplace. There are also protections under these provisions for those who take appropriate steps to protect themselves or others in circumstances which the employee reasonably believes amounts to a serious and imminent danger.

If you are concerned about these legal rights as they apply to you, further advice should be sought from your branch.

 

For more information and advice click on link to UNISON web site here

http://msg.unison.org.uk/q/1myd86IiEb7HxZh55p4T/wv

Breaking News:  Early Years/ Nursery Schools zoom meeting Sunday 17 at 11am

Sunday Jan 17, 2021 11:00 AM 

Join Zoom Meeting
https://us02web.zoom.us/j/82065448996?pwd=M0pkRExzc0o5OVFNRUtPM2xFN0U1UT09
Meeting ID: 820 6544 8996
Passcode: 121124

 

Please click on this link to our website with reasons behind this being called.

Breaking News: Government threat of funding cut to Heads of Nursery Schools and Early Years

BreakingNews: Will Barnet Council close schools early ?

Hi Ian

I am writing to you in your statutory role to ask if you are aware of the Greenwich Council decision which has appeared online this afternoon?

I attach a copy of the letter sent out to all Greenwich schools by the Leader of Greenwich Council.

Please note he states:

“I have asked all Schools in Greenwich to close their premises from Monday evening and move to online learning for the duration of term, with the exception of key worker children and those with specific needs (exactly the same as the first lockdown).”

Throughout the pandemic we have been advised that Barnet Council are working in line with London Councils. I am assuming this decision has been subject to some discussions with London Councils?

Given the increased likelihood of London going into Tier 3 and perhaps the 23 – 28 December initiative being limited for people living in London is Barnet Council going to try to mitigate the spread by following their lead?

I will be writing to over a thousand plus UNISON members working in Barnet Schools most of which are frightened at the increasing likelihood that there will be more infections in the last week of school and the negative impact it will have on their families.

Stay safe.

Best wishes

John Burgess

Branch Secretary.

Barnet UNISON

0208 359 2088

www.barnetunison.me.uk

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Not a member? Join Today at http://unison.org.uk/recruitment/  or by contacting the Branch Office 0208 359

2088

 

Government attacking on our Pension and Redundancy Payments

The Westminster Government has pushed through parliament final regulations that will enact the absolute cap of £95,000 on all exit payments in the public sector.

This means that any exit payment made after the implementation date (anticipated to be on, or soon after 26th October) will be affected.

UNISON are campaigning to demonstrate the severe impact the changes would have on various different types of local government workers.

Read National UNISON update 6 October 2020

http://msgfocus.com/files/amf_unison/project_131/LG_60_2020_-_URGENT_update_on_the_95_000_Cap_on_Public_Sector_Exit_Payments.pdf

 

The consultation closes 9 November 2020

https://www.gov.uk/government/consultations/reforming-local-government-exit-pay

 What next?

In order to alert UNISON members to the seriousness of these attacks UNISON have provided 6 hypothetical worked examples below. (N.B. where the examples below talk about being a ‘member’ this means pension membership not UNISON membership).

 

Examples:

Individual 1: is 59 years old. Member for 19 years and is currently paid a salary of £29,000 per annum. She broadly fits the profile of the average member. Her new redundancy package does not contain a cash payment on top, as her pension strain is larger than the combined SRP and DSP. Member benefits are not affected by the £95,000 cap but are reduced under proposed reforms as SRP and DSP are no longer paid in excess to pension strain. Under the proposed reforms, benefits on redundancy are reduced by around 37%.

  • Individual 2: is 55 years old and has been a member for 25 years. He is paid a salary of £80,000 per annum. His relatively young age means that he receives a high pension strain. Benefits are reduced under proposed reforms as SRP and DSP are no longer paid in excess to pension strain and pension stain is capped at £95,000. His new redundancy benefits are £95,000, as his pension strain is already over £95,000. Under the proposed reforms, benefits on redundancy are reduced by around 61%.
  • Individual 3: is 61 years old. He has been a member for 31 years and is currently paid a salary of £41,000 per annum. Member is entitled to a cash payment as the DSP the member would have been entitled to is higher than pension strain (net of SRP). Member benefits are not affected by the £95,000 cap but are reduced under proposed reforms as full SRP and DSP are no longer paid in excess to pension strain. His redundancy benefits are reduced by 38%.
  • Individual 4: is 65 years old. She has been a member 7 years and is currently paid a salary of £20,000 per annum. Member is entitled to a cash top up as pension strain is less than SRP, and DSP the member would have been entitled to is greater than strain (net of SRP). Member benefits are not affected by the £95,000 cap but are reduced under proposed reforms as full SRP and DSP are no longer paid in excess to pension strain. Under the proposed reforms, benefits on redundancy are reduced by around 25%.
  • Individual 5: is 60 years old. She has been a member for 4 years and is currently paid a salary of £35,000 per annum. Her new redundancy package does not contain a cash payment element as her pension strain is larger than the combined SRP and DSP. Member benefits are not affected by the £95,000 cap but are reduced under proposed reforms as full SRP and DSP are no longer paid in excess to pension strain. Under the proposed reforms, benefits on redundancy are reduced by around 29%.
  • Individual 6: is 67 years old and has been a member 23 years. She is currently paid a salary of £34,000 per annum. Her age and service history mean that there is no pension strain. The member is not affected by the £95,000 cap. Her redundancy package will be unchanged and will consist entirely of the cash payment which is equal to her original SRP plus DSP.

What can you do?

If you have any questions and concerns please email contactus@barnetunison.org.uk

BREAKINGNEWS: Mott MacDonald and Barnet Council in contract termination talks

On Thursday 18 June 2020 former Barnet Council staff working for Cambridge Education were summoned to a succession of meetings where they were informed that, due to the impact of Covid19, discussions are now taking place about ending the contract on 31 August 2020.

The staff are being told there are two possible options:

  • Transfer back into the Council
  • Transfer to a Local Authority Trading Company (LATC)

Consultation on the options started on Friday 19th June 2020 with a briefing for head teachers.

There will be a briefing for the Parent-Carer Forum sometime this week.

Consultation ends 30 July 2020.

The Council wants to start TUPE consultation on 6 July and end consultation on 20 July 2020.

Staff will be informed of the transfer arrangements on 30th July 2020.

Services and staff transfer on 1 September 2020.

“The private sector doesn’t like taking the risks for delivering public services and this is yet another damning example. Mott MacDonald is a global giant want out of this Education Services contract. Barnet Council has stood resolute in the face of the COVID challenge and has used its resources and staff to address the needs of the most vulnerable in the community. This latest crisis could not come at a worse time. The staff delivering this service have been valiantly supporting Barnet Schools to continue to provide for pupils during this pandemic. Now, at a time when they are mobilising to support Barnet Schools reopening in September, they are facing an unknown future. As someone who attended the outsourcing meetings with staff I remember all too well the staff concerns as to what would happen if the contractor wanted to end the contract. This concern was played down at the time, as it always is, by and assurance that they were dealing with a global giant and what could possibly go wrong?

If COVID has shown us anything it has to be that direct control of public services means you are more agile, more efficient and most importantly you have CONTROL.

The obvious and most common sense decision is to simply transfer the services back to the Council. This would enable staff and the service to focus on doing what they do best – delivering support for Barnet Schools.” (John Burgess Branch Secretary Barnet UNISON).

*****
The Trade Unions have not been sent the consultation report which was promised last week, however a copy has been provided. Not a good start to consultation.

To view the report click on the link below

Future of ES – briefing for staff – 19.6.20 final

End.

Notes to Editors.

Contact details: John Burgess Barnet UNISON on or 020 8359 2088 or email: john.burgess@barnetunison.org.uk

Background:

History of the outsourcing of Schools Meals and Education & Skills services

http://www.barnetunison.me.uk/wp/2015/11/17/history-of-the-outsourcing-of-schools-meals-and-education-skills-services/

 

Catering Services: “Jewel in the Crown”: Privatisation of Education & Skills and Catering in Barnet

http://www.barnetunison.me.uk/wp/wp-content/uploads/Barnet%20Jewel%20in%20the%20Crown%20final.pdf

 

Education & Skills and Catering: Threat of large-scale subcontracting

http://www.barnetunison.me.uk/sites/default/files/Barnet%20Education%20&%20Skills%20subcontracting.pdf

 

 

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