COVID-19 Update

COVID-19 update and PCS COVID-19 workplace exposure questionnaire: legal advice and support for all PCS members

An update for members around COVID-19 arrangements in the workplace and PCS provision of legal advice for members.

Legal Advice Service

PCS is launching a new legal advice service for those members who believe they contracted COVID for a work-related reason.

Thousands of union members have contracted COVID; many in the workplace or in connection with work. A failure by the employer to properly protect staff in relation to work may give rise to a Personal Injury (PI) claim, though of course the burden of proof is on the member/union.

PCS, in conjunction with Thompsons Solicitors, has launched a new service to provide free legal advice and support for members who have been exposed to COVID-19 in the workplace. As part of the service we have launched a questionnaire that allows us to gather all of the relevant information about the member and the circumstances in which they were exposed. Click here to access the questionnaire.

We are advising all members who think that they have been exposed to COVID-19 due to work-related reasons to complete the questionnaire. The questionnaire will automatically be sent to Thompsons Solicitors for free legal advice. Thompsons will analyse all questionnaire returns. Where a questionnaire indicates that a member has contracted COVID-19 in the course of their work, they will contact the member to discuss their case and the possibility of bringing a personal injury claim. The same law, as with other PI claims, will apply which of course means that we must prove a link between the employer's inactions/actions and the 'injury', but this will form part of the conversation between members and Thompsons Solicitors.

Home Office members attending the workplace

As members will be aware, the Home Office have reverted to Phase 1 of their Return To Work Protocol. In other words, only those members whose role cannot be performed effectively from home and which is critical should be attending the workplace. Even where attendance is necessary under this criteria, the Cabinet Office has been clear that this attendance should be minimised. PCS interprets such an instruction as meaning amongst other things; the adjustment of shift start/finish times, electronic handovers and frontline operational members completing admin functions, virtual training etc. at home.

PCS is continuing to work with the Home Office to ensure that workplaces are made safe for workers required to attend them. Building Risk Assessments for individual workplaces have been published. PCS Branch Health & Safety representatives are liaising with the central Home Office H&S team to review these Risk Assessments and undertake workplace inspections.

Members are our eyes and ears on the ground – if you identify any issues, problems or working practices that call into question the safety of your workplace please contact your local PCS representatives.

Vulnerable cohorts

Unfortunately there remains no change (despite the newly identified COVID-19 variants) to the Home Office Policy on these cohorts, namely:

• Extremely Clinically Vulnerable (ECV) staff - to WFH and if they cannot, to receive Paid Special Leave.

• Staff with ECV Household/ Family members, Clinically Vulnerable (CV) staff and those with CV household/family members – can be required to return to the workplace if they cannot work from home.

It is very important to note that all members required to return to the workplace have the right to be offered, and to take part in, a one-to-one discussion with their manager using the CIRI tool (COVID Individual Risk Assessment).

These Assessments should be a meaningful process which should take into account the health of members and their families, the safety of the workplace, any appropriate roles which can be undertaken in the workplace and whether working from home options can be facilitated.

If members require any specific additional support, they are advised to contact their local branch representative, particularly if they have concerns around the safety of the workplace.

Mass testing

PCS has been involved in detailed discussions with the Home Office and Border Force regarding the setting-up of COVID-9 testing sites for civil servants.

Since December 2020 several sites have been set up and are fully operational. In the Home Office these are at Martello House (Folkestone). Maple House (Manchester), Heathrow Airport (administered by HAL), and various Inland Reporting Centres.

Further Border Force testing sites are planned for Belfast, Holyhead, Edinburgh, Felixstowe, Immingham, Stansted, Pembroke, Tilbury, Harwich, Luton and Dover.

In addition, the Home Office are involved in Civil Service test sites planned for QEII Centre London, Lunar House Croydon, Manchester, Cardiff and Portsmouth.

These sites are for asymptomatic members only and use the Lateral Flow Test method (more details on GOV.uk) which gives a result in 30 minutes.

Taking a test is voluntary and the test are administered by non-Civil Servants and, in some cases, clinical staff. Whilst PCS supports asymptomatic testing, both of these factors are important points of principle for us as is the provision of official time for members to undertake the test.

PCS continues to work to support and protect its members during this pandemic. Please take care.

Martin Andrews (Assistant Group Secretary, H&S/Accommodation Lead)