Firms to prioritise workers ' rights if Clean Air Zone affects return to work

Birmingham Law Society 's president is warning Birmingham businesses to be patient and ensure they are taking workers ' rights into consideration following the long-awaited introduction of the Clean Air Zone means.

With the new Clean Air Zone altering the way commuters can travel through the city, the cost of driving a non-compliant vehicle within Birmingham 's Clean Air Zone could alter the way they travel or even deter workers from returning.

Although no vehicle is banned within the zone, drivers of vehicles which do not meet a set of criteria deeming them to have clean enough engines will be subject to a daily charge.

Once paid, the daily charge of £8 enables drivers to move throughout the zone without limit on that day. T

hose that do not pay the fee are liable to a fine when entering the area, which covers all roads within the A4540 Middleway Ring Road, except the Middleway itself.

The fee is intended to deter drivers from using uneconomical vehicles and as result, incentivise commuters to seek alternative means of transport.

However, government guidance throughout the pandemic has suggested that public transport is to be avoided unless absolutely necessary.

This puts key workers in a difficult position should their car qualify for the charges, according to Birmingham Law Society.

The society 's president, Inez Brown, says employers should prioritise workers ' rights and consult their teams before making permanent changes to ways of working.

Organisations also have a legal and moral responsibility to meet their health and safety obligations, if employees are apprehensive about a return to work.

Inez Brown (pictured) said: “While we want to encourage people back to the office to help with the investment for the city, employers should not make decisions without having gauged staff preferences or concerns.

“Given previous guidance from the Government to avoid public transport throughout the Covid-19 pandemic, employees may be hesitant to return to work if they cannot drive into the city.

“Employers must be sympathetic to their teams ' reservations around additional fees and use of public transport. Not only that, workers have a number of rights which employers must account for. ”

Changes to legislation from 31 May 2021, mean that as a worker, individuals have protection against experiencing any 'detriment' if they reasonably believe being at work or doing certain tasks would put them at serious and imminent danger.

Additionally, they can take action over a health and safety issue.

Inez added: “Although the vaccine rollout has been a success and is said to be effective against the new Indian variant by health experts, public transport could still pose a health and safety risk.

“If employers wish to implement new working arrangements in the form of a return to office and other workspaces, then they have legal obligations to consult employees before making permanent changes. If appropriate consultation and necessary risk assessments are not carried out then employers could be liable to litigation.

“We all have a part to play in helping to protect the environment and therefore need to introduce a phased approach to ensure that all cars comply with clean air within the next ten to fifteen years. ”