By Terry Brandon, BALPA National Officer Q I am at the very early stage of pregnancy; what should my employer be doing to mitigate the risk of me catching COVID at work? Specific COVID-19 risk assessment under Control of Substances Hazardous to Health Regulations 2002 (COSHH) should be performed in all workplaces. This is a legal requirement, and employers must consult workers on this process, via the trade union. It would also be good practice to make these assessments available to all employees. The TUC also encourages unions to request individual risk assessments for workers who are deemed vulnerable to COVID-19 for example, because of age, health reasons, or pregnancy. These should be carried out by employers, and take into account the employees role, likelihood of exposure, and steps that can be put in place to limit exposure, including working from home or changes to duties. Obviously, this would be very difficult for a pilot; however, your airline should be able to show that it has taken all reasonable steps. Alert your Company Council reps if you are unsure, or if your employer does not provide you with satisfactory responses. If you have not already, advise your employer of your pregnancy. The CAA states: The commercial aircraft environment is not generally considered hazardous to the normal pregnancy. At a normal cabin altitude, maternal haemoglobin remains 90% saturated and because of the favourable properties of foetal haemoglobin including increased oxygen-carrying potential, plus increased foetal hematocrit and the Bohr effect, foetal PaO2 changes very little. The key focus in assessment of fitness to fly is the health and wellbeing of the mother and the baby. Delivery in flight, or diversion in flight to a location that may not have high-quality obstetric services, is undesirable. For this reason, most airlines do not allow travel after 36 weeks for a single pregnancy and after 32 weeks for multiple pregnancies. Most airlines require a certificate after 28 weeks, confirming that the pregnancy is progressing normally and that there are no complications, and the expected date of delivery. In specific individual circumstances, an airline may allow some discretion. Q I have heard the terms unfair and wrongful dismissal used as if they are interchangeable but are they the same? No, they are different, but they could both apply in some circumstances. To avoid unfair dismissal claims, an employer must have a fair reason to dismiss an employee. It must also follow the correct procedures and act reasonably. An employee with two years service may bring a claim for unfair dismissal. Wrongful dismissal claims require no minimum period of service and are brought when an employer does not give an employee the correct notice due under the terms of the contract of employment. Q Can you clarify the IR35 off-payroll working rules that have been announced recently, and outline their purpose? These new rules have been described as anti-avoidance tax legislation. They are designed to ensure that those who are employed in all but name are taxed at a rate similar to employed individuals. Effectively, the new rules shift the burden onto employers to prove that workers are in fact self-employed. The organisation is obliged to conduct a separate assessment of an individuals employment law status to confirm that they are classified correctly an issue highlighted in the recent Uber decision, which confirmed the companys drivers are workers, not self-employed contractors. Uniquely to IR35, it is possible for someone to be classified as one thing for tax purposes and another for the purpose of key employment law rights. If you have a question youd like to put to Terry or any of our other BALPA experts, email TheLog@balpa.org I N D US TR IAL ISSU E S Know your rights