The civil service’s biggest union has taken its concerns about staff safety at court to the next level and is now in dispute with the Crown Prosecution Service and HM Courts and Tribunals Service over measures to prevent the spread of Covid-19.
PCS said it will hold a consultative ballot of all its members working in HMCTS seeking support for a package of proposals to protect staff from the pandemic, including the closure of all court and tribunal buildings in England, Scotland and Wales and a switch to remote working.
Last month the PCS, the FDA and the Prison Officers Association unions jointly warned HM Courts and Tribunals Service that it was not doing enough to improve the safety of court buildings as the latest wave of coronavirus hit new highs in terms of infection levels.
Now PCS has declared itself as formally “in dispute” with the CPS for failing to heed the union’s “calls to stop staff attending courts and tribunals until there are suitable and sufficient safety measures” and HMCTS for “failing to address serious and significant health and safety concerns”.
The union said feedback from members evidenced that courts were not safe and that health and safety issues remain unresolved.
It acknowledged the Crown Prosecution Service had supported its advice that staff should leave court buildings if they did not feel safe, but said wider concerns had not been responded to.
PCS said HMCTS had refused to work with officials on its list of demands – which includes an agreement on “exceptional and completely voluntary” working arrangements as well as a circuit-breaking halt to physical court proceedings.
Other calls on the list are the provision of extra IT equipment to support remote working; reverting to the provision of critical business priorities, as set out in HMCTS’s business continuity plan; and the suspension of HMCTS’s reform programme.
A Crown Prosecution Service spokesperson said the organisation was “absolutely committed” to ensuring the safety of its staff and had worked closely with HMCTS and unions to continually review risks around our people attending court.
“Where our employees do have concerns they are supported to raise them with court staff and their managers, and to remove themselves where necessary,” the spokesperson said.
“We are in ongoing discussions with FDA and PCS and are grateful for their support and expertise.”
They added that the service had developed an “individual risk indicator” tool in conjunction with departmental unions. It helps to identify and support those at higher risk of contracting Covid-19, and aid decisions on whether they should attend workplaces.
A Ministry of Justice spokesperson said the government had been clear throughout the pandemic that justice must continue to be delivered for the public, victims and defendants.
“Every building we operate meets the government’s Covid-secure guidelines, and public health experts have confirmed our arrangements remain sufficient to deal with the new strain of the virus,” they said.
“Positive test numbers are consistent with the wider community and it’s likely that the vast majority contracted the virus outside courts. It is simply untrue to suggest people are at an elevated risk of infection when at a court or tribunal.”
PCS’s consultative ballot of members working at HMCTS is due to be held from 22 February to 15 March.