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Shielding: Implications of the Lockdown on furlough

by Iain McIlwee | 7 Jan, 2021 | Main News Feed

Shielding, furlough and Statutory Sick Pay (SSP)

With the reintroduction of shielding, experts from Citation have reviewed how to clarify how shielding, furlough and SSP work in conjunction.

The key points are:

During lockdown the advice is that employees who are clinically extremely vulnerable should not attend work if they can’t work from home.
Formal shielding notification letters are being sent out and this letter will act as a fit note for SSP purposes.
The fact that SSP is once again payable for those who can’t attend work because they’re shielding does not change the fact that it’s open to the employer to furlough shielding employees. In December HMRC updated their furlough scheme guidance to add “An employer does not need to be facing a wider reduction in demand or be closed to be eligible to claim for these employees.” This update was welcome clarification of the confusion surrounding whether it would be appropriate for employers to use the furlough scheme for shielding employees in cases where work is available for them.
HMRC’s position remains that it is entirely down to the employer as to whether they chose to use the furlough scheme (although of course, the employee must agree to be furloughed). However, whilst this is in the employer’s discretion, this discretion, like any other decision affecting an employee, should be exercised reasonably and fairly. For example, a decision not to furlough someone who is shielding could lead to allegations of discrimination (particularly if there is inconsistency in approach throughout the business) or claims of breach of trust and confidence.
If an employer wishes to put a shielding employee on SSP rather than furlough, they should have a good business reason for doing so to counter any challenge or potential claim later down the line.

If you are experiencing issues relating to this, please speak to our experts by calling our 24/7 advice line on 0345 844 4848.

For further advice on Furlough you can access the Citation helpline via 0121 707 0077.

You can visit the FIS COVID-19 Hub Here

CITB services during lockdown

by Clair Mooney | 7 Jan, 2021 | Main News Feed

CITB has claified what services remain in place during lockdown.

The National Construction Colleges (NCC) in England and Scotland will be closed for face-to-face training until at least 22 February, which removes risk for delegates and colleagues and ensures consistency across the nations. The NCCs will remain open for other services such as remote learning, which makes use of videocall technology like Zoom or Skype to ensure training can continue during lockdown measures. Contact the NCCs here to find out what’s available.

Health, Safety and Environment (HS&E) testing centres operated by Pearson Vue in England and Scotland remain open, those in Wales have closed based on previous Government guidance, other Independent Test Centres may be open at their discretion.

CITB is available to support apprentices in accessing remote and online learning, following the lockdown closures of their colleges and training providers. CITB customer support staff will not be furloughed to ensure employers and apprentices continue to receive necessary assistance at this time.

CITB grant funding covers remote delivery training, which has adapted during the pandemic to ensure learning continues amid lockdowns. There are now 180 training standards that have been adapted to support remote delivery. Search ‘remote learning’ to find eligible standards here and use the Training Directory to source your required remote training with an ATO.

CITB has created a free COVID-19: Setting up and operating a safe construction site e-course, and other free site operating procedures resources are available on the CITB urgent messages page here.

FIS Supports new CICV Forum face mask safety campaign

by Clair Mooney | 7 Jan, 2021 | Main News Feed

With essential construction work set to continue during the latest lockdown, FIS has helped the Construction Industry Coronavirus (CICV) Forum create a new face mask campaign that urges operatives to make a safe start to 2021.

The unique collective has launched an animation and downloadable infographic to remind workers that it’s vitally important to help protect everyone by following the rules and using the right face covering in the right way.

Headlined Mask for Task: Cover for Covid, the initiative emphasises that workers should wear the appropriate respirator or mask for each task and that a face covering of suitable material should be worn when moving around site.

It also gives specific instructions on how to – and how not to – wear face coverings as well as instructions for taking care of personal protective equipment, such as storing masks in a sealable bag when not in use.

The material was initiated through the FIS H&S Working Group and developed by Iain McIlwee, FIS Chief Executive, in partnership with Rebecca Crosland, Health and Safety Adviser at the Building Engineering Services Association and Chair of the Forum’s Health and Safety sub-group, and Iain Mason, Director of Membership and Communications at SELECT and Chair of the Forum’s Communications sub-group.

Iain McIlwee said: “Since the CICV Forum was established, it has played a key role in creating engaging animations and infographics that have proved effective tools and helped deliver essential messaging to an extremely wide audience.

“The new animation is designed to be shared on social media and the poster can be downloaded free of charge here. Both reinforce the responsibility that everyone in construction shares to make sure that they use the correct face covering for the correct situation, worn in the correct manner.”

Rebecca said: “One of the most direct ways of staying safe is to ensure correct mask use, which this latest infographic and animation promotes. The information is easy to follow and will help operatives protect themselves and their colleagues, customers, friends and family.”

As the industry picks up tools again after the festive break, the Forum is also reiterating its latest guidance on practical measures that workers can follow to protect themselves and their colleagues, customers, friends and family.

Driving home the message that we are In This Together, the Forum is reissuing its suite of guidance that outlines safety during domestic projects, guidance on returning to work safely, the importance of physical distancing outside work and giving contractors space to carry out essential work.

Iain Mason said: “With essential construction work being allowed to continue during lockdown, it is incumbent on everyone working in the sector to ensure that they are operating safely, whatever their capacity.

“That’s why we are also stepping up our full range of social media messaging about travel, social distancing and domestic work to ensure everyone is clear on exactly what behaviours are required at all times.”

Made up of trade associations, private companies and professional bodies, including the FIS, the Forum was set up in March 2020, since when it has drawn on the collective expertise of its members to maintain a steady supply of information and practical advice to the sector.

Watch the animation here and download the infographic here.

New competency standard – have your say

by Clair Mooney | 5 Jan, 2021 | Building Safety Act, Main News Feed, Skills

We would like to hear your comments on a new competency standard that will be published this spring.

Government through the Ministry of Housing Community and local Government (MHCLG) have commissioned the production of a new competency standard (BSI Flex 8670 Built environment – overarching framework for building safety competence of individuals – specification).

This new standard will be used to produce specific standards for new roles listed in the Building Safety Bill and will form an overarching standard that will allow organisations such as FIS to produce competency standards for operatives in our sector. We see this as an opportunity to ensure that operatives installing safety critical products can measure their own competency, be recognised for their competency and have training available to progress their careers.

Objectives
This BSI Flex is intended to achieve four overarching objectives:

Set core requirements for behavioural and building safety competence for all persons working in the built environment in order to improve industry culture and safety outcomes throughout the building life cycle.
Drive adoption of consistent good practice in the development and use of competence assessment frameworks across the built environment.
Enable consistent and objective evaluation of different sector-specific competence frameworks against common criteria by regulators, clients and employers.
Support development of suitable mechanisms to provide robust assessment of individual competence.

The draft standard can be downloaded here.

Please send your questions and any comments to JoeCilia@thefis.org no later than midday on Thursday 28 January 2021 to be included within the FIS response.

Lockdown Restrictions Tighten in England, but Construction and Manufacturing can Continue

by Iain McIlwee | 4 Jan, 2021 | Main News Feed

In a sombre message to the nation the Prime Minister advised that, due to acceleration of COVID-19 cases linked to the new variant of the virus, England would need to enter a new National Lockdown.

People have been advised to stay at home except for specific reasons, “including essential shopping, to work, if you cannot work from home, to exercise, to seek medical help, and to escape domestic abuse”. Whilst the duration of the lockdown was not covered, the Prime Minister included a message of hope that key vulnerable groups would be vaccinated by mid February and this would enable an easement.

Guidance issued this evening by Government confirms that construction can continue where sites can be managed in accordance with the CLC Site Operating Procedures:

Work – you can only leave home for work purposes where it is unreasonable for you to do your job from home, including but not limited to people who work within critical national infrastructure, construction or manufacturing that require in-person attendance

Detailed guidance on Tier 5 is available from Government here.

Beyond construction activity, other areas that may impact members include:

Showrooms: For products used in homes, including bathrooms, kitchens and glazing, must be closed, including where located as distinct sections in hardware stores and builders’ merchants. Delivery, click & collect, and trade counter services may continue.

Training During Lockdown: Colleges are only open for vulnerable children and the children of critical workers, and CITB has confirmed that its National Construction

Colleges will be closed for face‐to‐face training until at least 22 February.
Face‐to‐face training is not included in the list of ‘reasonable excuses’ to leave home, and construction training is not listed within the courses which should continue face‐to‐face training.
Apprentices and other trainees can continue to work on site as part of their training.
CITB Health, Safety and Environment (HS&E) testing centres in England and Scotland will remain open; however, those in Wales have closed.

Further updates will be provided as information becomes available and you can access support via the FIS COVID-19 Hub here.

COVID Update Scotland: Briefing from the First Minister

by Iain McIlwee | 4 Jan, 2021 | Main News Feed

In her address to the Scottish Parliament today First Minister, Nicola Sturgeon announced plans to tighten lockdown measures from midnight tonight.

The First Minister used evidence of accelerating spread of COVID-19 in Scotland (a further 1,905 new cases were reported on Monday – with 15% of tests returning a positive result) to underline the news that a new legal, stay-at-home order was necessary and would come into force from midnight tonight.

Construction was not covered specifically within the speech, however, the First Minister stressed that every businesses should take this as seriously as in March and “look at their operations and ensure that every single function that can be done by people working at home is being done in that way”. FIS understand this to mean that construction can continue in accordance with the Construction Scotland Site Operating Procedures. We await further guidance from the Scottish Parliament and will update accordingly. The First Minister also advised that anybody who is in the Shielding category should not leave the house for the purposes of work and the Chief Medical Officer will be writing to this group to provide further clarity.

In the event of construction workers being stopped on journeys to and from sites, Build UK has produced an authorisation letter template which employers can use. Breaching the stay at home guidance would attract a minimum £60 fine without a reasonable excuse (e.g. work, a medical appointment, exercise or to collect food and supplies). Other aspects of the guidance will see all schools close (for most pupils) til the 1st February.

CICV-SOP-Guidance-Book has been developed to extend this guidance mindful of the best available guidance, nationally and internationally, and serves as a guide for the management of COVID-19 on a construction site for the duration of the pandemic. Additional information to support safe working in a pandemic are available through the FIS H&S Toolkit here.

Follow the latest COVID updates on the FIS COVID-19 Hub here.

The full speech from the First Minister is available via the link below.