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Covid19 Legislation and Update (Part 7)

Here’s the latest review of the ‘The Health Protection (Coronavirus, Restrictions) (England) (Amendment) (No. 2) Regulations 2020.

The Tory government had to review the restrictions in line with legal requirements set out in the legislation.

It was not that the government have, in any way an understanding of the support or sacrifices being made by working class communities and ALL workers who have kept working for the greater good of our values. 

From Wednesday 13 May 2020, you can sit in your local park, you can drive to other destinations, you can play sports, but only with members of your own household.

There is now a clear right to DRIVE unlimited distance for the purpose of taking exercise.

The amended regulations allow you to;

1) to take exercise—  

alone, 

with one or more members of their household, or  

with one member of another household (this is a new addition)

2) to visit a public open space for the purposes of open-air recreation to promote their physical or mental health or emotional wellbeing—  

alone,  

with one or more members of their household, or  

with one member of another household (this is the new addition)

The regulations set out what is considered to be a “public open space”;

land laid out as a public garden or used for the purpose of recreation by members of the public; 

land which is “open country” as defined in section 59(2) of the National Parks and Access to the Countryside Act 1949(a), as read with section 16 of the Countryside Act 1968(b); 

land which is “access land” for the purposes of Part 1 of the Countryside and Rights of Way Act 2000(c) (see section 1(1) of that Act(d)).”.

In a punitive action by the Government they seek to treat us like naughty children and disregard all that working class communities have done to support ALL WORKERS many from our own communities, who worked for the greater good.

The Government have significantly increased the fixed Penalty Notices 

(4) In regulation 10— (a) in paragraph (6), 

The new Fixed Penalty Notice  will be £100”;  if paid within 14 days reduced to £50

Second Fixed Penalty Notice £200

Third Fixed Penalty Notice £400

Fourth Fixed Penalty Notice £800

Fifth Fixed Penatlty Notice £1600 and 

Sixth and subsequent Fixed Penalty Notices £3,200

You do have the right to appeal a Fixed Penalty Notice if you believe it has been issued unlawfully.

You may wish to seek legal advice from a solicitor. We have looked at NetPol who have a list of solicitors. (Link Below). You may want to consider the list or use a solicitor of your choice. 

Returning to Work…

There has been a lot of news about people being asked to return to work, where you cannot work from home.

Previously the Government had advised;

 that you should work from home if you can, and only go to work if you must. 

The Government has changed that advice to workers and now advices 

‘..’that anyone who can’t work from home, for instance those in construction or manufacturing, should be actively encouraged to go to work.

The Government appear to suggest this is subject to safeguards;

‘…we want it to be safe for you to get to work.’ 

If you do return to work the Government are advising the following

‘…you should avoid public transport if at all possible – because we must and will maintain social distancing, and capacity will therefore be limited.’ 

The Government offered the following summary regarding working.

‘…work from home if you can, but you should go to work if you can’t work from home. And to ensure you are safe at work we have been working to establish new guidance for employers to make workplaces Covid-secure.

The Government have issued 8 workplace guidance documents now available under Working safely during coronavirus (COVID-19) guidance.

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

If you are thinking of returning to work or have been directed or requested to return to work. You may want to consider other independent advice other than the Governments,  the following links from the Heath and Safety Executive 

https://www.hse.gov.uk/news/assets/docs/working-safely-guide.pdf

Employers are encouraged to consult with the workers

https://www.hse.gov.uk/news/assets/docs/talking-with-your-workers.pdf

You can get further information from the Trade Union Council (TUC) 

https://www.tuc.org.uk/blogs/governments-back-work-plans-still-wont-make-workplaces-safe-heres-why

If your already a member of a Trade Union member contact your Branch or Regional Office for guidance. If you are not in a Trade Union you may want to join a UNION. Speak to the people who you work with to see if they are already a member of Trade Union. A UNIONISED workforce is an informed and powerful workforce.

ACAS are independent and have useful information

https://www.acas.org.uk/coronavirus

It important to remember we, the workers have the power, we are not to be exploited by Government policy that appears to put the economy or the rich elite above our right to work in a safe environment.

http://www.legislation.gov.uk/uksi/2020/500/pdfs/uksi_20200500_en.pdf

https://www.college.police.uk/What-we-do/COVID-19/understanding-the-law/Pages/default.aspx

https://www.college.police.uk/What-we-do/COVID-19/understanding-the-law/Documents/Health-Protection-Regulations-Amendments-England-changes-130520.pdf

https://www.theguardian.com/world/2020/may/10/boris-johnson-details-first-careful-steps-to-ease-covid-19-lockdown

https://www.hse.gov.uk/news/assets/docs/working-safely-guide.pdf

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