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A pregnant health aide is taking legal action against NHS Professionals, an employment agency owned by the Department of Health and Social Assistance, for refusing to put her on leave, in what could be a landmark action for other vulnerable workers who carry the worst part of the emergency shutdown.
The mother of two, who has worked for six years in a London hospital on an agency contract, says she was sent home during the pandemic for safety reasons and has been without work or pay for eight weeks in what his lawyers say it is a violation of the UK Employment Rights Act. Instead, he was advised to apply for a universal credit.
The case exemplifies the experiences of some workers, with some employers and agencies that ignore legal health and safety protections for pregnant women, according to the Maternity Action charity, which supports women.
Andrew Hillier QC, pro bono advisor at the South West London Law Center, who works for the health care assistant, said: “It is unacceptable that NHS Professionals, a key provider of staff for the NHS, is abusing the concept of zero-contracts. of hours, and that experienced and committed health professionals like ‘Ms A’ are suffering from that. ”
The case occurs when other frightened workers who are isolating themselves, whether to protect themselves or their loved ones with underlying health conditions, have spoken of being under pressure to return to work, in some cases in public bodies.
On the day the easing of the government shutdown began, and an increasing number of workers defied public transportation, unions highlighted cases of key workers threatened with looting or fired without pay.
The warning came when the takeout firm Deliveroo was accused by a group of parliamentarians from all parties of “putting thousands of people at risk” with their alleged treatment of their passengers during the shutdown.
Forty-four MPs, from former Labor leader Jeremy Corbyn, to the commons father, Tory MP Sir Peter Bottomley, wrote to the concert economy company demanding a proper PPE and full payment for passengers who contract the virus or symptoms and the end of layoffs during the crisis are isolated.
“Deliveroo’s messengers are precarious and underpaid workers, who cannot isolate themselves when they are sick or protect their families, and customers and restaurant staff and other key workers, including NHS staff, are potentially exposed to infection, “they say in the letter, supporting a campaign by the British Independent Workers Union.
Deliveroo, who rejected the suggestion to put profits above the safety of their brokers, said: “At Deliveroo, brokers are at the heart of everything we do and we are working hard to support them during this unprecedented time. This includes distribute the PPE kit to passengers across the UK, financially support passengers if they are not feeling well and keep passengers safe through contactless delivery. ”
Separately, employers, including councils and schools, have been accused by the Unison union of using Public Health England’s guidance to force frightened staff to go to work. Those involved include a school caregiver whose wife and young son are protecting the government council, who has not been paid for more than a month.
He said, “We feel like we are forgotten. I told my manager that I would either start early or work at the end of the day to limit my exposure to the virus threat, because there is little chance of social estrangement in an elementary school: you can’t help the children sneeze and cough, but they said no.
“We have no income and we are getting into debt. They pay me little anyway, so not receiving money is causing large amounts of stress and anxiety.”
In a letter to the health secretary, Matt Hancock, Unison general secretary Dave Prentis asked the government to extend the licensing plan beyond private companies. “Through no fault of their own, some underpaid workers have to choose between putting food on the table or protecting loved ones,” he said. “The vague public health orientation is giving unscrupulous employers the leeway to put pressure on those who really should go to work.”
NHS professionals said: “The first priority of NHS professionals is always the health, safety, and well-being of all members of our bank, particularly those who may be vulnerable. Unfortunately, we are unable to comment on this case, as the South West London Law Centers have not provided details, which means that we cannot investigate.
“Our policy on where one of our bank members cannot work, either because they are protecting, because they are in their third trimester of pregnancy or because Public Health England defines them as high risk and cannot find another job for them , NHS Professionals are paying for pre-booked shifts and then transitioning to an average weekly pay based on the 12 weeks prior to being notified that they cannot work. “