Thread by @WillHayCardiff

More drama around the Welsh Government rules that mean people can potentially be fined for not working from home.

Basically there are questions around if the Welsh Parliament have even voted on these rules.

This is going to be a little bit technical but stay with me..
[Thread]

Yesterday the news broke that the Welsh Government had brought in rules that allowed employees to be fined £60 for not working from home when they were reasonably able to do so.

Employers could face up to £10,000 for not letting workers WFH where possible.

When asked about it today Mark Drakeford called it "unhelpful reporting” and that the threat of fines would actually help protect workers from unscrupulous employers.

He suggested no employee would actually be fined.

He said: "They are designed to protect workers not to penalize them. When these same rules were there earlier in the pandemic, no fines were issued at all when these rules were previously in place."

"They're there to make sure that if a worker feels that an employer is unreasonably, expecting them to be in the workplace, when they could work from home, that they are able to point to the regulations & make it clear that they would be committing an offence were they to do so"

Right, there are few things here. Let's start with the complex bit.

The First Minister claimed that these rules had been in place before.

But legal advice seen by WalesOnline suggests this isn't the case.

There does seem to be evidence that the First Minister was incorrect in stating that these were "the same rules" as earlier in the pandemic.

The name of these regulations in full are: The Health Protection (Coronavirus Restrictions) (No. 5) (Wales) (Amendment) (No. 23) Regulations 2021.

(They don't roll off the tongue)

After regulation 42 in the law where it says "failing to work from home where reasonably practical to do so" it creates an offence under regulation 42A "where a person, without reasonable excuse, contravenes the requirement in regulation 18B."

So what's 18B? It is the bit of the law that covers the fines.

Though 18B has been used in previous Covid regulations, it was in a different context.

It was part of the general rule to stay home when we were all locked down. But there is no longer a general rule to stay home.

According to the advice seen by WalesOnline it is not possible to find this duty in previous Covid regulations, since the previous duty was always subsumed in the general duty to stay at home, and work was one of the listed reasonable excuses.

The new reg, 18B now sets out this duty on its own, separate from any general duty to stay at home.

So some Members are the Senedd are arguing that this is basically a new law that they haven't voted on.

The Plaid MS @FletcherPlaid said: "The First Minister has claimed that these regulations replicate legislation previously agreed, but we now understand that this is a new duty placed on individuals.

"Members of the Senedd have not voted on these new regulations."

Lib Dem @DoddsJane said: "It is inaccurate to state the system of fines is the same as in the past. Reg 18B, which covers the fines referred to was introduced in a different context & while it was voted for by the Senedd, we voted for it under very different circumstances."

The First Minister has also be critised by unions who reject the idea that potential fines for workers is actually a protection.

Wales TUC said: "We remain opposed to the idea that the potential fine on workers would help them. This is based on the incorrect premise that an individual worker is in a position to challenge their boss if they are not complying with the ‘work from home’ regulations."

"We strongly oppose the individualisation of the employer/worker relationship and have again called on Welsh Government to remove the part of the regulations which permits enforcement officers to issue a £60 fine to individuals in relation to this."

They added they were "relieved" that the focus was on employers for any enforcement activity.

Full story here: walesonline.co.uk/news/wales-new…