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GMB Union and TUC critical of new legal requirement in Wales to work from home

News | Richard Gurner | Published: 18:23, Tuesday December 21st, 2021.
Last updated: 19:04, Wednesday October 18th, 2023

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Workers in Wales are now required to work from home “where practicable”

The GMB Union has criticised a new legal requirement for people to work from home in Wales.

People could be hit with a £60 fine (or £30 if paid within 14 days) if they flout the new rules – which came into effect on Monday, December 20. Business would be fined £1,000 for a first offence and up to £10,000 for repeated offences.

Enforcement of the rules for individuals would be up to police while local authorities will have responsibility for businesses. Caerphilly Observer understands that enforcement of the new rules is to be “unlikely”, and that the new measures are there to emphasise the need for people to work from home when they can.

The new rules, on the Welsh Government website, state there is a requirement to work from home “where practicable”. Until the change, working from home had been guidance. In practice, “where practicable” could have a wide interpretation, eg if your home internet connection is poor.

“Wrong chord”

The GMB Union has criticised the measures saying they “strike the wrong chord”.

The union has raised concerns that bad employers were likely to exploit the rule to protect themselves from fines by placing liability on workers.

Kelly Andrews, GMB senior organiser said: “We think this strikes the wrong chord.

“We have major worries that this could lead to bad employers pressuring their workers to work from home without a paper trail and place any financial risk on them.

“Those workers are also the most vulnerable and can least afford to take the financial hit.

“But the truth is for a lot of families a £60 fine over Christmas will have a severe financial impact.”

The Wales TUC has also expressed its concerns that it wasn’t consulted on the regulations.

Wales TUC General Secretary Shavanah Taj said: “A worker is not responsible for their place of work, their employer is. This sets a really worrying precedent that the responsibility is somehow shared, and is at best naïve. We hope Welsh Government urgently repeals this to remove the fine on workers.”

Senedd recalled

The Senedd is to be recalled tomorrow for members to discuss the latest changes and will meet virtually at 1.30pm. Before that, the First Minister is due to hold a press conference at 12.15pm.

A Welsh Government spokesperson said: “We have always ensured Ministers are available for scrutiny and are in discussions with the Senedd on this matter.

“Further to our long-standing advice for people to work from home wherever possible, from Monday this will now be a legal requirement to work from home unless there is a reasonable excuse not to. This change was confirmed in a televised press conference last Friday. We expect employers to take all reasonable steps to facilitate home working and provide employees with the support they need.”


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