HR CORONAVIRUS FAQs Guidance for headteachers in schools and educational settings during the coronavirus pandemic - 3rd September 2021 - Hackney ...
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HR CORONAVIRUS FAQs Guidance for headteachers in schools and educational settings during the coronavirus pandemic - 3rd September 2021 1
HR guidance for headteachers in schools and educational settings during the coronavirus pandemic Business Continuity This guidance reflects the current situation where all lockdown restrictions have been lifted from 16th August 2021. This situation may change rapidly due to local outbreaks and variants of concern. All service Headteachers are asked to review their Business Continuity Plans with an emphasis on maintaining sufficient staffing levels to continue to provide education provision for their school. This guidance applies to all schools and educational settings (maintained, community, voluntary aided, academies and free schools) and will support Headteachers to handle potential teaching/support staffing matters that may arise due to the coronavirus from 1st September. The relevant guidance is: Government guidance: Schools coronavirus (COVID - 19) operational guidance Additional guidance: ● Full list of guidance: Guidance for schools: coronavirus (COVID-19) ● Day to day running of a school: Coronavirus: Education and childcare Contingency Framework: education and childcare settings (excluding universities) Special schools and other specialist settings: coronavirus (COVID-19) ● Early years and childcare: Early years and childcare: coronavirus (COVID-19) Guidance for early years and childcare providers ● Safe working and protective measures: Coronavirus (COVID-19): home test kits for schools and FE providers Safe working in education, childcare and children’s social care Coronavirus (COVID-19): safe travel guidance for passengers Please ensure that all teaching/support staff are kept informed of the latest government advice through school staff communications. All teaching/support staff must read and comply with that guidance. A list of questions covered in this document is below. It is advisable to read and understand all of the guidance. However, if you quickly need to refer to a specific answer, click on the question or heading below to jump to that section: HACKNEY COUNCIL HACKNEY EDUCATION 2
HR guidance for headteachers in schools and educational settings during the coronavirus pandemic Table of contents Health Guidance 7 1.What are the symptoms of coronavirus? 7 2.What are the appropriate steps if someone becomes unwell at work? 7 3.What are the instructions for households who need to isolate prior to surgery or day surgery? 7 4.Can an Occupational Health Service be used to inform decisions related to the Covid-19? 8 Self-isolation 8 5.What are the arrangements for NHS test and trace? 9 6.Who should self-isolate? 9 7.Should staff who are not vaccinated but are instructed to self isolate by NHS track and trace be paid? 9 8.When might staff (including those who are fully vaccinated) be exempt from self isolation? 10 9.What precautions should exempt staff take if they have been identified as a close contact of a positive case? 10 10.Should colleagues be informed if a member of staff is a close contact of a positive case of COVID-19 and they are at work as they are exempt from self isolating? 10 11.Can a Headteacher instruct someone to self-isolate? 11 12.Can a Headteacher ask a member of staff to provide proof they need to self isolate?11 Testing 12 13.What are the arrangements for routine testing of staff? 12 14.Is it mandatory for staff to participate in asymptomatic testing? 12 15.Do third party contractors have to be part of the lateral flow testing within schools? 12 16.What if a member of staff develops symptoms? 12 17.A member of staff is showing COVID-19 symptoms but they refuse to take a test. What can I do? 12 18.Can we ask a member of staff to provide evidence of having a COVID-19 test? 13 Vaccinations 13 19.If a member is unwell after having the coronavirus vaccination, how should any sickness absence be recorded? 13 20.Do we need to keep a record of staff who have been fully vaccinated and are we legally allowed to ask for evidence so we know who needs to self isolate if they come into close contact with a positive case? 13 Working Guidance 14 21.What is the guidance in Step 4 of the government's roadmap from 19th July? 14 22.What are the guidelines for working arrangements for schools? 14 23.Can staff work across groups of children and schools? 14 Individual working arrangements 15 24.Which staff should complete a COVID-19 vulnerabilities risk assessment? 15 25.Do we need to ask agency workers to carry out a vulnerability risk assessment before they start a placement? 15 HACKNEY COUNCIL HACKNEY EDUCATION 3
HR guidance for headteachers in schools and educational settings during the coronavirus pandemic 26.Does a coronavirus vaccination impact on the vulnerability's risk assessment? 15 27.If staff have received the vaccine do they now need to review or recomplete vulnerability assessment? 16 Supporting staff who are at increased risk from COVID-19 16 28.What are the current working guidelines for staff who are clinically extremely vulnerable? 16 29.What about staff who may be otherwise at increased risk from COVID-19? 17 30. Is COVID-19 more serious in pregnancy? 17 32.A member of staff has a medical condition that isn’t listed in the guidance. What should they do? 18 33.What are the provisions if a teacher/support staff lives with someone who has increased risk from coronavirus? 18 34.Can staff request to come to work at a different time than the school has requested, so that they are not arriving at school during peak time on public transport? 18 35. If it is agreed that an employee will work from home for an extended period, what are the key considerations? 18 36. If a member of staff has to work from home, will the school have to pay them a home working allowance? 19 Local outbreaks and variants of concern 19 37.If we need to change our working arrangements and class allocation, can I ask a class teacher from one year group to cover another year group? 19 Apprentices 19 38.Can I hire an apprentice or create a work placement? 19 PPE and face coverings 20 39.What is the current general guidance on staff wearing PPE? 20 40.What is the current guidance for face coverings for staff, pupils and students during the coronavirus pandemic? 20 41.What if a member of staff wants to wear PPE or a face covering and it is not a requirement for their role? 21 42.We have a high number of SEND children at the school, can staff refuse to work with them without PPE? 21 COVID-19 related absence 22 43.If an employee has been advised to self-isolate 22 …and they are sick, what sort of leave is this? 22 …but they are not sick, what sort of leave is this? 22 44.How is COVID-19 related absence recorded on iTrent? 22 Sickness 22 ‘Other’ absence 22 45.How can I support a member of staff who experienced prolonged symptoms after contracting coronavirus (Long COVID)? 23 Annual leave for support staff who work 52 weeks per year 23 46.Using holiday 23 47.Carrying over holiday 23 48.Previously booked holidays 24 HACKNEY COUNCIL HACKNEY EDUCATION 4
HR guidance for headteachers in schools and educational settings during the coronavirus pandemic 49.A member of staff wants to go on holiday abroad and may need to quarantine for 10 days when they return? 24 50.If an employee is confirmed as having the coronavirus, what should their colleagues be told? 24 Absence due to concerns over COVID-19 24 51.How should headteachers respond if an employee refuses to come to work? 24 52.How should headteachers respond if an employee refuses to come to work due to health and safety concerns (invoke section 44)? 25 53.If an employee decides not to attend work without discussing this with their manager and getting agreement, what sort of leave is this? 25 54.How will you manage staff who have taken the decision to self-isolate, because they believe they are at risk and are anxious about attending to work? 26 55.A member of staff is not attending to work based on the advice they have received from their union. How do we manage this? 26 Dependency leave 26 56.What are the provisions for staff who need to look after dependents due to COVID-19? 26 57.Staff have informed you that they cannot return to work due to concerns regarding their children returning to an education setting. What options do you have? 27 58.How do you deal with staff who are anxious and do not attend work, and provide a medical certificate for stress, anxiety or depression? 27 Support for staff and wellbeing 28 59.How can headteachers support staff during the coronavirus emergency? 28 60.How can I support staff who are suffering from work-related stress during the Coronavirus pandemic? 28 61.What support has been put in place to support staff who have lost close family members and friends and are anxious about returning to work? 28 62.How will you manage staff who do not want to attend work because they are anxious about taking public transport to work? 29 63.The risk of racial harassment has increased with the coronavirus. What should Headteachers and colleagues do? 29 Probation and performance management 30 64.What happens if a new employee’s probationary period assessment can’t be completed due to COVID-19 30 65.What provisions will be made for Early Career Teachers who are absent due to coronavirus during their induction period? 30 66.What is the guidance on pay progression for 2021? 30 67.If I have concerns regarding a member of staff’s performance (online) during COVID-19, how do I support them? 30 Coronavirus Job Retention Scheme 32 68.What is the Coronavirus Job Retention Scheme (CJRS) and can schools make use of it? 32 Contingency workers and contractors 33 69.What should we do about pay for agency workers? 33 70.What happens if the agency workers contract ends? 33 HACKNEY COUNCIL HACKNEY EDUCATION 5
HR guidance for headteachers in schools and educational settings during the coronavirus pandemic 71.In the event of the full or partial closure of a school, does an agency worker remain entitled to be paid if other employees continue to be paid even if they are not working from home? 33 72.What are the pay arrangements for casual/sessional/zero hours employees? Are we going to get paid if our usual work is not required? 33 73.What happens for staff who are paid through private funding e.g. parental contributions? 34 74.Can we ask external contractors what provision they have put in place to reduce the risk to their staff and school staff on school premises? 34 75.The school has been paying external contractors invoices, but the external contractor has furloughed their staff, what should we do? 34 DBS checks 35 76.Are there any changes to the DBS process? 35 Changes to reflect Right to Work rules 35 Verification of ID documents 35 Further information 35 HR Processes 35 Organisational change – restructures 36 Disciplinary, capability, formal sickness and grievance procedures 36 Recruitment 36 Voluntary Aided Schools, Free Schools and Academies 36 Further information 37 Hackney Education HR guidance 37 Government advice 37 Local Government Association 37 London Diocesan Board of Schools 37 HACKNEY COUNCIL HACKNEY EDUCATION 6
HR guidance for headteachers in schools and educational settings during the coronavirus pandemic Health Guidance 1.What are the symptoms of coronavirus? The symptoms of the coronavirus are: ○ A high temperature. ○ A new, continuous cough. ○ Loss or change of sense of smell or taste (anosmia). Note: These symptoms do not necessarily mean someone has the illness. The NHS have set out further details of symptoms here: Symptoms of coronavirus. About 1 in 3 people with COVID-19 do not have symptoms but can still infect others. This is why everyone is advised to get tested regularly (see Questions 14-18) Staff can also check their symptoms online using the 111 online coronavirus service. Please also see the guidance on testing (Question 9). 2.What are the appropriate steps if someone becomes unwell at work? Please refer to the What to do if a pupil or member of staff has coronavirus symptoms or tests positive for coronavirus on Hackney Education’s Coronavirus advice page. 3.What are the instructions for households who need to isolate prior to surgery or day surgery? Local NHS protocols will apply in these circumstances and staff should be advised of these on receipt of any appointment details and discuss these with their manager. The member of staff will need to provide a copy of the letter that the NHS hospital has sent to them or the member of their household detailing the surgery as proof. After being discharged from hospital a further period of self-isolation may be required, the hospital will advise about this accordingly. Again, staff will need to provide a copy of the documentation from the NHS hospital as proof of this further period of self-isolation. Unless already on sick pay, all employees should remain on normal full pay for the duration of the self-isolation period. Those who can work from home (either in their own role or on alternative duties), should do so. It may be the case that dates scheduled for hospital admission get deferred, resulting in a further period of self-isolation being required, but this may be something that headteachers will need to accommodate as a consequence of the current situation. HACKNEY COUNCIL HACKNEY EDUCATION 7
HR guidance for headteachers in schools and educational settings during the coronavirus pandemic 4.Can an Occupational Health Service be used to inform decisions related to the Covid-19? Headteachers should be assessing the level of risk posed by COVID-19 to individual employees using the COVID- 19 vulnerabilities risk assessment and use this to inform discussions with the individual. Advice can be sought from the school’s Occupational Health provider if required. Employees cannot call the Occupational Health Service for advice themselves. If they need medical advice they should contact their GP or NHS 111. HACKNEY COUNCIL HACKNEY EDUCATION 8
HR guidance for headteachers in schools and educational settings during the coronavirus pandemic Self-isolation 5.What are the arrangements for NHS test and trace? The NHS test and trace service: ● provides free testing for anyone who has symptoms of COVID-19 to find out if they have the virus ● gets in touch with anyone who has had a positive test result to collect information about close contacts ● alerts those contacts, advises them to take a PCR test and instructs them to self-isolate, and from 16 August will also check which contacts are exempt from self-isolation Government guidance and NHS guidance is available for staff who have symptoms or have tested positive or where a member of their household has symptoms or tested positive. Government guidance and NHS guidance where a member of staff has been told they are a contact of someone who has tested positive for COVID-19 but do not live with them. 6.Who should self-isolate? Pupils, staff and other adults must not come into the school if they: ● Have any symptoms of COVID-19 (a high temperature, a new continuous cough or a change or loss or change to their sense of smell) ● Have tested positive for COVID-19 ● Live with someone who has symptoms or has tested positive for COVID-19. (unless they are required not to self isolate - see below). Staff may need to self isolate if they are returning from abroad. Check the quarantining when entering England on GOV.UK. Staff contact the NHS 111 online coronavirus service if they are worried about their symptoms or are unsure what they need to do. 7.Should staff who are not vaccinated but are instructed to self isolate by NHS track and trace be paid? Vaccinations are not compulsory so staff should still be paid if they are required to self isolate by NHS test and trace. If managers believe that employees do not fulfil the criteria for self-isolation, they should contact their HR Business Partner/Advisor. This guidance will be kept under review and may be updated. HACKNEY COUNCIL HACKNEY EDUCATION 9
HR guidance for headteachers in schools and educational settings during the coronavirus pandemic 8.When might staff (including those who are fully vaccinated) be exempt from self isolation? Staff who live with someone who has symptoms of COVID-19 or has tested positive for COVID-19 or has been a close contact of a confirmed positive case will not need to self-isolate if any of the following apply: ● They are fully vaccinated - this means 14 days have passed since they have received the final dose of an NHS COVID-19 vaccination. ● They are under 18 years, 6 months of age ● They are taking part or have taken part in a COVID-19 vaccination trial ● They are not able to get fully vaccinated for medical reasons Staff do not have to inform their workplace that they are exempt from self isolating however we recommend that headteachers hold sensitive conversations with their staff to discuss if they are willing to share this information to enable headteachers to make contingency plans and precautions where necessary (refer to Question 21 for further information). 9.What precautions should exempt staff take if they have been identified as a close contact of a positive case? Even if staff do not have symptoms of COVID-19, they should still: ● get a PCR test on GOV.UK to check if they have COVID-19 ● follow on advice on how to avoid catching and spreading COVID-19 ● consider limiting contact with people who are at higher risk from COVID-19 The guidance for schools on tracing close contacts and isolation in the Schools COVID 19 operational guidance states that: ‘Staff who do not need to isolate, and children and young people aged under 18 years 6 months who usually attend school, and have been identified as a close contact, should continue to attend school as normal. They do not need to wear a face covering within the school, but it is expected and recommended that these are worn when travelling on public or dedicated transport.’ However, depending on the circumstances the headteacher/line manager and the member of staff may consider the following precautions as outlined in the NHS Test and Trace: guidance for employers: ● limiting close contact with people outside their household, especially in enclosed space ● wearing a face covering in enclosed spaces and where they are unable to maintain social distancing ● limiting contact with anyone who is clinically extremely vulnerable ● taking part in regular lateral flow testing For further guidance, please contact your HR Business Partner or Adviser. HACKNEY COUNCIL HACKNEY EDUCATION 10
HR guidance for headteachers in schools and educational settings during the coronavirus pandemic 10.Should colleagues be informed if a member of staff is a close contact of a positive case of COVID-19 and they are at work as they are exempt from self isolating? Headteachers/staff do not need to tell colleagues that a member of staff has been in close contact with a positive case of COVID-19 and they are at work as they are exempt from self isolating. However, if the member of staff is taking some visible precautions at work for the 10 days following their most recent contact with the positive case, they may choose to or ask their headteacher/line manager to explain to their colleagues any temporary changes to their working practices. 11.Can a Headteacher instruct someone to self-isolate? If an employee is experiencing symptoms of coronavirus, then they should be instructed not to attend work. They should self-isolate and arrange a PCR test as soon as possible. The government’s stay at home guidance provides useful information about why you need to self-isolate and how to manage this. Employees must comply with advice from managers aimed at containing the virus and/or actions associated with contingency plans. Staff can be fined if they do not stay at home and self-isolate following a positive test result for COVID-19, or if they are a contact of someone who has tested positive, and they are notified by NHS Test and Trace that they need to self-isolate. 12.Can a Headteacher ask a member of staff to provide proof they need to self isolate? Depending on the circumstances, the headteacher may request the member of staff to provide proof of a future test appointment, a positive test result or a proof of positive contact with COVID-19 via the NHS Test and Trace service. If the member of staff is unable to provide one of the above, the headteacher may request the employee to get an online isolation note. If the member of staff is unwilling to provide proof of requirement to self isolate, then the headteacher should contact HR for further guidance. HACKNEY COUNCIL HACKNEY EDUCATION 11
HR guidance for headteachers in schools and educational settings during the coronavirus pandemic Testing 13.What are the arrangements for routine testing of staff? Staff should undertake twice weekly home tests whenever they are on site until the end of September, when this will also be reviewed. See here for resources collated by government to support testing in schools including advice and guidance, flow charts, standard letters for parents and other useful resources: ● Early Years Settings & Primary School ● Secondary Schools & FE College 14.Is it mandatory for staff to participate in asymptomatic testing? Headteachers cannot insist on staff taking tests. However to stop the spread of the virus, all school staff are strongly encouraged to participate in asymptomatic testing. If a member of staff refuses or is reluctant to participate in asymptomatic testing, Headteachers should have a discussion with them to understand and address any concerns they may have. 15.Do third party contractors have to be part of the lateral flow testing within schools? Third party contractors are also strongly encouraged to participate in lateral flow tests to prevent the spread of COVID-19. We advise Headteachers and Business Managers to have discussions with all contractors who work in their schools about lateral flow testing arrangements. All parties working in the school are strongly encouraged to cooperate with this process. 16.What if a member of staff develops symptoms? If any member of staff develops COVID-19 symptoms, they should immediately self-isolate and book a PCR test asap. Tests can be booked online here or by calling 119. There are two different ways to get tested. 1. Home testing:. School staff are considered essential workers and are prioritised for home testing kits. 2. Testing sites: See the Council’s Coronavirus support webpage for more information and where to get test kits from. 17.A member of staff is showing COVID-19 symptoms but they refuse to take a test. What can I do? Government guidance requires anyone with Covid-19 symptoms to arrange a test. Headteachers should inform them that they have a duty of care to all staff and children within the school and that this is a reasonable management request. You should reassure them that anything that they share HACKNEY COUNCIL HACKNEY EDUCATION 12
HR guidance for headteachers in schools and educational settings during the coronavirus pandemic with you will be kept in the strictest confidence. If they still fail to do this, advise that they cannot return to work until a test has been taken or within at least 10 days from when the school became aware the member of staff was showing symptoms, and during that time they may not be paid. Please speak to your HR Business Partner/Advisor for further advice. 18.Can we ask a member of staff to provide evidence of having a COVID-19 test? Yes, this is a reasonable management request. As the Headteacher you have a duty of care to the employees and children in your care. Vaccinations 19.If a member is unwell after having the coronavirus vaccination, how should any sickness absence be recorded? The government has created guidance on What to expect after your COVID-19 vaccination. Although feeling feverish is not uncommon for 2 to 3 days, a high temperature is unusual and may indicate the member of staff has COVID-19 or another infection. If a member of staff has a high temperature or is concerned they are experiencing other symptoms of COVID-19, they must self isolate and arrange for a PCR test. If a member of staff becomes unwell, following receiving a coronavirus vaccination and is unable to attend work, this sickness absence should be recorded as Covid-19 Sickness. If a member of staff is concerned or their symptoms get worse, they should call 111. 20.Do we need to keep a record of staff who have been fully vaccinated and are we legally allowed to ask for evidence so we know who needs to self isolate if they come into close contact with a positive case? Headteachers may reasonably ask staff if they are fully vaccinated so they are able to plan contingency arrangements if staff are required to self isolate and to be able to hold informed discussions with staff on their individual working arrangements. Hackney Education recommends that headteachers/managers explain why they are requesting this information and where this information will be held and confirm that this information will only be held as long as necessary. Staff do not have to disclose their vaccination status, if they choose not to. The Information Commissioner’s Office provides further guidance on Vaccination and COVID status checks. HACKNEY COUNCIL HACKNEY EDUCATION 13
HR guidance for headteachers in schools and educational settings during the coronavirus pandemic Working Guidance 21.What is the guidance in Step 4 of the government's roadmap from 19th July? The government’s ‘COVID-19 Response - Spring 2021’ outlines the roadmap out of the current lockdown for England. From the 19th July, England moved to Step 4. The government guidance Coronavirus: how to stay safe and help prevent the spread outlines the general guidance that is in place for Step 4. 22.What are the guidelines for working arrangements for schools? The guidance relating schools operating during the coronavirus pandemic is: Government guidance: Schools coronavirus (COVID - 19) operational guidance Headteachers must continue to do everything possible to protect those staff in vital roles by reviewing their risk assessments and implementing appropriate control measures outlined in the Schools coronavirus (COVID-10) operational guidance. During the coronavirus pandemic, schools must: ● Frequently review and where necessary, update school risk assessments ● Make sure they are following the system of controls to minimise the risk of infection, including a plan for asymptomatic testing until further notice. ● Have a contingency plan in place for outbreaks in the school or changes in restrictions Any teaching/support staff who are displaying possible coronavirus symptoms should be sent home immediately and should make arrangements to be tested within the first 5 days of when the symptoms began (see Question 6). 23.Can staff work across groups of children and schools? It is no longer recommended that staff and children work in bubbles. Schools should have contingency plans in place in case bubbles need to be reinstated where local restrictions apply. Further guidance on Hackney Education staff and other stakeholders visiting schools and early years settings is available here. HACKNEY COUNCIL HACKNEY EDUCATION 14
HR guidance for headteachers in schools and educational settings during the coronavirus pandemic Individual working arrangements 24.Which staff should complete a COVID-19 vulnerabilities risk assessment? It is recommended that the COVID-19 vulnerabilities risk assessments are carried out for all staff and are regularly reviewed, particularly where the individual's assessment is critical or high risk or the staff member’s circumstances change or where guidance or new restrictions come into place from the government. Please see Questions 21 and 22 for guidance on the impact of the coronavirus vaccination on a member of staff’s vulnerabilities risk assessment . Schools have a duty under health and safety law to assess risks to staff in their workplace. Further guidance on Health and safety risk assessments for schools in relation to COVID-19 is available here. In order to ensure schools have complied with their legal obligations to protect staff, it is recommended that in addition to a whole school risk assessment, schools should carry out a COVID-19 vulnerabilities risk assessment with all members of staff to ensure that any risks on an individual basis are identified. These risk assessments should be carried out with staff who have been identified as being at increased risk from coronavirus as a priority. Where a risk assessment identifies the member of staff is at increased risk, the school and the member of staff should discuss measures the school has put in place to reduce these risks and consider any additional measures that could be put into place. Headteachers should try as practically possible to accommodate additional measures, where appropriate. 25.Do we need to ask agency workers to carry out a vulnerability risk assessment before they start a placement? We recommend that agency workers are asked to complete a vulnerability’s risk assessment before commencing their placement so the school can assess if they need to make adaptations for the agency worker defending on the outcome of their risk assessment. If the school is concerned that they will not be able to make adaptations to sufficiently reduce risk to the agency worker then they do not have to take on the agency worker for the assignment. 26.Does a coronavirus vaccination impact on the vulnerability's risk assessment? The impact of the coronavirus vaccine on risk reduction for each individual is extremely difficult to measure because it is difficult to know the level of immunity each individual will acquire after vaccination. This varies from person to person and depends on a lot of factors, including age, current or previous treatment with medicines and some underlying conditions. Therefore, Public Health cannot predict whether or how much staff clinical vulnerability has been changed by being vaccinated. HACKNEY COUNCIL HACKNEY EDUCATION 15
HR guidance for headteachers in schools and educational settings during the coronavirus pandemic But it is important to note that being vaccinated does not provide a guarantee that individuals cannot be infected (or infect other people). Instead vaccination reduces the risk in those people for whom it’s been effective and at population level reduces the overall risk of infection and burden of the disease. Despite this, each individual will not know how well their vaccine has worked. There remains an ongoing risk that the vaccines currently available might not offer as good protection against new variants as they do for the original virus strain and earlier variants. 27.If staff have received the vaccine do they now need to review or recomplete vulnerability assessment? No, as the change in the member of staff’s clinical vulnerability due to being vaccinated cannot be predicted, the underlying vulnerability evaluated within the vulnerability assessment will not be changed by an individual’s vaccination status. There are circumstances where reviews of the vulnerability assessment are necessary, such as if there was a change in their personal vulnerability characteristics, such as if there is a new diagnosis since the last risk assessment or if there has been significant deterioration or control of the known long term conditions or risk factors, or a new health diagnosis/deterioration. In these cases staff should discuss these changes in circumstances with their manager and where necessary update their vulnerability assessment. Supporting staff who are at increased risk from COVID-19 28.What are the current working guidelines for staff who are clinically extremely vulnerable? Shielding Shielding advice was paused nationally from 1st April 2021. CEV individuals are no longer advised to shield but must continue to follow the rules in place for everyone under the current national restrictions. Headteachers and CEV staff should discuss if any additional arrangements need to be put into place. The Health and Safety Executive (HSE) has published guidance on protecting vulnerable workers, including advice for employers and employees on how to talk about reducing risks in the workplace. Further information is available in the Guidance on shielding and protecting people who are extremely clinically vulnerable from COVID-19. ’We recommended that those who are most vulnerable have their vulnerability risk assessments regularly reviewed to determine whether any changes need to be considered. Further guidance is available in the Workforce section of the Schools coronavirus (COVID-19) operational guidance. HACKNEY COUNCIL HACKNEY EDUCATION 16
HR guidance for headteachers in schools and educational settings during the coronavirus pandemic 29.What about staff who may be otherwise at increased risk from COVID-19? The Health and Safety Executive (HSE) has provided guidance for supporting workers who are at higher risk groups. The higher risk groups are include: The higher-risk groups include those who: ● are older males ● have a high body mass index (BMI) ● have health conditions such as diabetes ● are from some Black, Asian or minority ethnicity (BAME) backgrounds The HSE advice: that whilst there are currently no expectations of additional controls specifically for these groups. However, make sure existing controls identified in the school risk assessment are applied strictly. As an employer, headteachers can support these individuals/groups in their workforce by : ● emphasising the importance of individual and wider workforce engagement, buy-in and cooperation to ensure controls are applied stringently ● ensuring managers have individual discussions with their staff around their particular concerns ● discussing the risk management measures that have put in place to minimise transmission to keep them, and others, safe ● explaining the controls that will put/already have in place to protect them and other workers 30. Is COVID-19 more serious in pregnancy? The government has said that although the overall risk from COVID-19 disease in pregnant women and their new babies is low, in later pregnancy some women may become seriously unwell and need hospital treatment. Pregnant women with COVID-19 have a higher risk of intensive care admission than women of the same age who are not pregnant, and women with COVID-19 disease can be more likely to have their babies early. Pregnant women with underlying clinical conditions are at even higher risk of suffering serious complications from COVID-19. The government advises that COVID-19 vaccines offer pregnant women the best protection against COVID-19 disease. However, no vaccine is 100% effective so it is important to continue to follow national guidance: Hands, Face, Space, Fresh Air. There is further guidance: Coronavirus (COVID-19): advice for pregnant employees which schools need to follow and further guidance from the Royal College of Obstetricians and Gynaecologists (RCOG). HACKNEY COUNCIL HACKNEY EDUCATION 17
HR guidance for headteachers in schools and educational settings during the coronavirus pandemic 31. What arrangements should be made for pregnant staff? Schools should make the following arrangements for their pregnant staff : ● Routinely carry out a risk assessment in line with the Management of Health and Safety Regulations at Work (1999). ● Review the vulnerability's risk assessment for the individual regularly and make any changes necessary. Please note: if the individual’s pregnancy is under 28 weeks gestation, the vulnerability risk assessment should be reviewed again after the individual reaches 28 weeks. ● Discuss with the individual any work adaptations that can be put in place and any concerns they may have. ● If headteachers and managers have carried out risk assessments for their pregnant member of staff and are concerned about their working arrangements and the risk from coronavirus, they should contact their HR Business Partner or Advisor for further advice. Pregnant staff should be reminded they can commence their maternity leave at any point 11 weeks before the expected date of childbirth. 32.A member of staff has a medical condition that isn’t listed in the guidance. What should they do? It is recommended that the staff member gets a letter from their GP outlining the nature of the medical condition/other risk factors and stating any considerations to be made due to COVID-19. The Headteacher can then make a decision regarding working arrangements for the individual. 33.What are the provisions if a teacher/support staff lives with someone who has increased risk from coronavirus? Those living with someone who is CEV or who is at increased risk from coronavirus can attend work and should ensure they maintain good prevention practice in the workplace and home settings. Headteachers should handle matters sensitively taking into consideration social distancing and any modifications that can be made to work. 34.Can staff request to come to work at a different time than the school has requested, so that they are not arriving at school during peak time on public transport? Staff are required to be ready for work when the children arrive at school. However, if headteachers receive such a request, they must consider the reason and address this on a case by case basis. 35. If it is agreed that an employee will work from home for an extended period, what are the key considerations? ○ Is the space sufficiently free from noise and interruption? ○ Will it be necessary to transport equipment or files? ● If yes: can this be done safely: HACKNEY COUNCIL HACKNEY EDUCATION 18
HR guidance for headteachers in schools and educational settings during the coronavirus pandemic ● Can the load be reduced? ○ Are you able to have conversations that are sensitive and confidential without being overheard? Further guidance on working from home can be found on the coronavirus advice page on the Services for Schools website. 36. If a member of staff has to work from home, will the school have to pay them a home working allowance? The school should not be paying an additional allowance for members of staff who are required to work from home. If an employee requires any equipment to work from home, then the schools should consider loaning or purchasing this for the employee. Any equipment taken home by the member of staff remains the property of the school. If an employee may incur any additional costs to carry out their work such as phone calls, the member of staff should agree reimbursement for these in advance with their manager and provide written proof so these can be reimbursed through expenses. Staff may be able to claim tax relief on additional expenses incurred as a result of working from home direct from HMRC using the online form on HMRC website: Local outbreaks and variants of concern Government guidance is available in the COVID-19 Contingency Framework: Education and childcare settings This section will be updated in line with government guidance and in relation to any questions schools may have about staff who live or work in areas where there are local outbreaks of COVID-19 or in areas where a variant of concern has been identified. In the meantime, if schools have any questions, please contact your HR Business Partner or Advisor. 37.If we need to change our working arrangements and class allocation, can I ask a class teacher from one year group to cover another year group? Yes, working arrangements and class allocations may require a level of flexibility from staff both on return to school and potentially in the future due local lockdowns or confirmed cases within the school. We would recommend that you prepare your staff for such scenarios and make them aware that their support will be required during these times, which may include teaching different year groups, potentially at short notice. Apprentices 38.Can I hire an apprentice or create a work placement? HACKNEY COUNCIL HACKNEY EDUCATION 19
HR guidance for headteachers in schools and educational settings during the coronavirus pandemic COVID-19 has thrown a lot of uncertainty but we are pleased to confirm that apprenticeships have been able to go ahead, breaks in learning were managed where required and all our providers are able to deliver online. Hackney Council have just completed a recruitment campaign and have a pool of 400 fresh applicants that have been pre-assessed and with whom you can share any new apprenticeship opportunities. Having an existing pool can considerably decrease your recruitment timeline. In addition to this, the Government has announced financial incentives for the hiring of new apprentices. Employers hiring an apprentice between 1st April 2020 and 30 September 2021, will receive £3,000, which can be used for any purpose - note that the incentive only applies to new hires and not current members of staff. There is a further £1,000 incentive available to support any new hire apprentice aged 16-18, or under 25 with an education, health and care plan or who has been in the care of their local authority. The payment is different to apprenticeship levy funds so you will be able to spend it on anything to support your organisation’s costs. For example, you could spend it on facilities, uniforms, your apprentice’s travel or their salary. You do not have to pay it back. Additionally, the kickstart scheme means that the government will fund pre-apprenticeship work placements for 25 hours per week over six months. Hackney Council is coordinating a funding application, so let us know if you would like to offer a placement. If you are interested in hiring an apprentice or creating a kickstart placement, please contact apprenticeships@hackney.gov.uk or alternatively contact the Hackney Education OD Lead tatiana.pavlovsky@hackney.gov.uk. PPE and face coverings 39.What is the current general guidance on staff wearing PPE? The current government guidance states that it is not necessary for staff to wear PPE unless they are carrying out activities that would usually require the use of personal protective equipment (PPE) or if a child, young person or other learner becomes unwell with symptoms of coronavirus while in their setting and needs supervision until they can return home. In consultation with London Local Authorities and Public Health England, the Association of Directors of Public Health, London have produced specific PPE quick reference guides for a number of specific sectors (including Early Years and Nursery settings and Schools) regarding Personal Protective Equipment. The guides should be read alongside local protocols agreed with Hackney’s Public Health Team for special schools and early years settings regarding personal care. 40.What is the current guidance for face coverings for staff, pupils and students during the coronavirus pandemic? Face coverings are no longer advised for pupils, staff and visitors either in classrooms or in communal areas. HACKNEY COUNCIL HACKNEY EDUCATION 20
HR guidance for headteachers in schools and educational settings during the coronavirus pandemic The government has removed the requirement to wear face coverings in law but expects and recommends that they be worn in enclosed and crowded spaces where staff may come into contact with people they don’t normally meet. This includes public transport and dedicated transport to school or college. The Schools COVID-19 operational guidance gives further guidance on circumstances where face coverings are recommended. 41.What if a member of staff wants to wear PPE or a face covering and it is not a requirement for their role? We recommend that headteachers consider requests from staff to wear PPE and face coverings on a case by case basis taking into account their level of risk based on their COVID-19 vulnerabilities risk assessment, their individual circumstances and the nature of their role. Please contact HR for further guidance if required. 42.We have a high number of SEND children at the school, can staff refuse to work with them without PPE? DfE guidance states PPE will only be required if care for the SEN child previous to coronavirus included the use of PPE or if any child becomes ill with Covid-19 symptoms. Back to table of contents HACKNEY COUNCIL HACKNEY EDUCATION 21
HR guidance for headteachers in schools and educational settings during the coronavirus pandemic COVID-19 related absence Recording absence due to COVID - 19: Please remember to record COVID-19 absence on iTrent or an alternative sickness absence database with the correct absence related code so the impact of the virus in your school can be monitored. 43.If an employee has been advised to self-isolate …and they are sick, what sort of leave is this? This would be sick leave. The normal sickness procedure applies as stated in the Green Book (support staff) and Burgundy Book (teaching staff). Academies and other education settings will follow their own sickness absence procedures. Teaching/support staff are required to provide medical certification, where it is not possible to get a medical certificate, exceptions will be considered. Staff can request an online isolation note via the nhs website. Business Managers must record sickness on iTrent as Sickness under ‘Covid-19 or on an alternative database as sickness absence due to Covid-19. Business Managers are urged to record the actual reason for absence, especially under these exceptional circumstances. This is important for monitoring purposes, and illness connected with coronavirus will not contribute to triggering sickness absence procedures. …but they are not sick, what sort of leave is this? Where possible, the employee should work from home. For teaching/support staff that are able to do this contingency measures include Headteachers/Business Managers checking that they are set up to work from home. Contact your ICT provider should you need to discuss anything regarding this. If the employee is not able to work from home because of the nature of their duties, then this would be special paid leave. Business Managers must ensure that this leave is recorded on iTrent as Special Leave (Paid) under ‘Covid-19 self-isolation or on an alternative database as special paid leave related to coronavirus. 44.How is COVID-19 related absence recorded on iTrent? iTrent has Covid-19-related absence codes. It is important that absence related to Covid-19 is recorded accurately to help monitor the impact of the virus. Sickness ○ Covid-19 Sickness. ‘Other’ absence HACKNEY COUNCIL HACKNEY EDUCATION 22
HR guidance for headteachers in schools and educational settings during the coronavirus pandemic ○ Special Leave (Paid) – Covid-19 Dependency leave. ○ Special Leave (Paid) – Covid-19 Self-isolation. ○ Special Leave (Paid) – Covid-19 Service closure. Absence is recorded on the system as follows: ○ To record sickness: Click Add New Sickness Dates > find and select the employee > enter the sickness dates and reason > click Save or ○ To record ‘other’ ‘Covid-19’-related absence: Click Add ‘Other’ Absence Details > find and select the employee > enter the absence dates and reason > click Save. If you have any queries, please e-mail: Education.payroll@hackney.gov.uk 45.How can I support a member of staff who experienced prolonged symptoms after contracting coronavirus (Long COVID)? How COVID-19 impacts on individuals and how they recover will be different for each person. Headteachers should treat any cases where a member of staff is experiencing prolonged symptoms of COVID-19 (long COVID) sympathetically and on a case by case basis. This could involve making reasonable adjustments, phased return to work and if absences persist informal meetings under the Sickness Absence Policy can be arranged. If additional support and advice is required please discuss the individual cases with your HR Business Partner / Advisor and further advice/referral can be made to Occupational Health. Any sickness absence related to coronavirus should be recorded as Covid-19 Sickness. Annual leave for support staff who work 52 weeks per year 46.Using holiday Staff are encouraged to use their leave to: ○ get enough rest ○ keep healthy (physically and mentally) During the coronavirus outbreak, staff may have reached the end of the leave year and not been able to take all their leave. In this case, the following advice applies: 47.Carrying over holiday Where leave has not been taken because of the coronavirus: 2019/20 Leave year: Headteachers may authorise a reasonable carry forward of leave. This must be taken by the end of the 2021/22 leave year. 2020/21 Leave year: Headteachers may authorise the carry forward of up to 20 days leave (where a member of staff has been unwell due to COVID-19 or were on the frontline responding to the Covid pandemic). This must be taken by the end of the 2022/23 leave year. The maximum that can be carried forward in total is 20 days. HACKNEY COUNCIL HACKNEY EDUCATION 23
HR guidance for headteachers in schools and educational settings during the coronavirus pandemic Normally at the end of the leave year, staff may carry forward up to 5 days leave. This year (1st April 2020 - 31st March 2021) because of the exceptional circumstances, staff may carry forward up to 10 days leave. If a member of staff decides to carry forward 10 days, they will need to take 5 days of these by 30 June 2021 and the other 5 days by the end of March 2022. 48.Previously booked holidays Changing or cancelling leave, for example because the employee’s holiday’s been cancelled, requires agreement from the employee’s/workers line manager. 49.A member of staff wants to go on holiday abroad and may need to quarantine for 10 days when they return? The guidance on quarantining after travelling abroad is constantly changing and staff should inform the headteacher of any planned leave and take into consideration that any travel abroad may require a period of quarantine once they return. The latest guidance on quarantine can be accessed at Red, amber and green list rules for entering England. Quarantine time should be taken during school holidays with a view to staff being available to work during term time. Failure to do this could result in pay being affected. Staff may not be able to avoid this situation, such as time abroad has already been booked and quarantine measures are instigated and in view of that Headteachers should look at alternative working arrangements for them. This could involve making up the hours, considering alternative duties to do from home (if this is practical) or in exceptional circumstances special leave with pay. Headteachers are asked to contact their HR Advisor/Business Partner to discuss any complex cases. 50.If an employee is confirmed as having the coronavirus, what should their colleagues be told? Colleagues can be told that someone has been confirmed with coronavirus, but not who. This is confidential medical information. Teaching/support staff do not need to take action except for following advice from the NHS and Public Health England. Absence due to concerns over COVID-19 51.How should headteachers respond if an employee refuses to come to work? Some staff may be nervous about attending their workplace at certain times during the pandemic. If the member of staff refuses to attend work, the Headteacher should take into account their reasons and consider if there is any way the member of staff's concerns can be managed (see information HACKNEY COUNCIL HACKNEY EDUCATION 24
HR guidance for headteachers in schools and educational settings during the coronavirus pandemic on employees staff who are at increased risk from coronavirus and those with childcare responsibilities). 52.How should headteachers respond if an employee refuses to come to work due to health and safety concerns (invoke section 44)? If headteachers receive letters from teaching and/or support staff setting out their contractual right not to attend an unsafe place of work e.g. in relation to section 44 Employment Rights Act 1996 (ERA), they need to be particularly careful how they respond to claims stating that insufficient measures have been put in place to ensure the safety of their staff. Any specific complaints should be taken seriously and must be documented and investigated. The headteacher should arrange a meeting to discuss the employee’s concerns including revisiting the individual’s vulnerabilities risk assessment. Responses may include but not be limited to: ● Addressing any changes to the individual’s circumstances identified in their vulnerabilities risk assessment including any new or changed health conditions (if they have any). ● Confirmation that the member of staff is not being asked to teach or support full classes whilst schools are closed to the majority of pupils and that they are only being asked to attend school to support the learning of vulnerable children and children whose parents are critical workers [classroom-based staff only]. ● Justification for asking the member of staff to come on-site for the provision of an essential service. [Support staff only - please seek HR guidance on individual cases]. ● Evidence that this is being shared in a fair and balanced way amongst staff, taking into account the individual circumstances of each member of staff. ● Signpost the member of staff to the school’s updated risk assessment and explain the additional measures that the school has introduced to mitigate against the current risks.m A template response letter is available here. The Headteacher should ensure that it not only puts in place the necessary measures to protect employees (risk assessments), but also communicates clearly to staff what those measures are and provides reassurance that the relevant government guidelines are being followed. Following these steps, if the Headteacher has given a reasonable instruction for the member of staff to attend work and the employee refuses, the Headteacher should contact their HR Advisor/Business Partner for further guidance. 53.If an employee decides not to attend work without discussing this with their manager and getting agreement, what sort of leave is this? Fear of contracting the virus is not a valid reason to not attend work. This is likely to be unpaid leave or could in some cases, result in disciplinary action. Headteachers can ask for any evidence to confirm the reason for absence. However, it will probably not be possible in all cases for an employee to produce any evidence, so employers will need to use their discretion when trying to establish the facts behind the employee’s decision to self-isolate. Headteachers may choose to be flexible and allow a concerned employee to cover the leave in other ways, however in a school environment this could be difficult. Teaching/support staff who are HACKNEY COUNCIL HACKNEY EDUCATION 25
HR guidance for headteachers in schools and educational settings during the coronavirus pandemic employed to work 52 weeks a year, annual leave could be considered. Note also that some teaching/support staff may be particularly vulnerable and therefore particularly concerned, Headteachers should refer to the Health Guidance section. 54.How will you manage staff who have taken the decision to self-isolate, because they believe they are at risk and are anxious about attending to work? We recommend that you have a discussion with the member of staff to understand their concern. If the concern is based on medical grounds, you should request that they get a letter from their GP outlining their circumstances. It is reasonable to expect that they will provide you with this within 5 working days and then you can make a determination (as above). If the decision is based on their safety, gently encourage them to attend work by referring to the risk assessment/measures that the school has put in place. It is important that you exhaust as many options as possible to enable a return to work, offer support through the school’s Employee Assistance Programme (EAP) and keep full notes of any discussions with the individual. If the employee is still unwilling to attend, inform them of a date of expected return and failure to return will result in nil pay. It is recommended that you discuss this with your HR advisor 55.A member of staff is not attending to work based on the advice they have received from their union. How do we manage this? Headteachers can ask staff to indicate if they are planning to return to work and encourage them to attend work by discussing the risk assessment and the measures that have been put in place. Dependency leave 56.What are the provisions for staff who need to look after dependents due to COVID-19? Dependency Leave provisions are set out in the Leave Entitlements policy. The policy provides for up to seven days paid dependency leave per year (pro-rata for part time staff) to deal with circumstances involving the illness, injury or death of a dependent. Employees may make the request to their managers who should consider the circumstances of each case in line with the policy. Staff can also apply for unpaid dependency leave. Staff also have the option to take unpaid parental leave as details in the Leave Entitlements policy. Where a member of staff is not able to attend work due to the care of a dependant, the headteacher or leader may consider agreeing to interim flexible working arrangements if the member of staff’s role allows for it. Both dependency leave and other leave related to COVID-19 should be recorded as outlined in Section 3. Please refer to the Leave entitlements policy for further guidance. HACKNEY COUNCIL HACKNEY EDUCATION 26
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