Joint union safety checklist for schools and colleges - Coronavirus crisis Workplace checklist - NEU
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Joint union safety checklist for schools and colleges School and college opening Joint union advice on medically vulnerable and higher risk groups Coronavirus crisis Workplace checklist
Joint union advice on medically
vulnerable and higher risk groups
School and Legal
college opening requirements
This joint unions’ advice is for staff
and DFE advice
working in schools and colleges who
Protecting school and
are medically vulnerable or otherwise
college employees
at higher risk from Covid-19, or who
live with or care for such people. The Department for Education (DfE)’s advice
documents for schools, special education
It is intended to ensure that medical settings, FE colleges and early years settings
conditions, pregnancy, other personal expect that most staff will go to work at
characteristics (in particular age, sex and their workplace. The joint unions continue
ethnicity), as well as the impact of economic to believe that staff should only attend the
disadvantage (which increases risk of workplace when it is sufficiently safe for
underlying health conditions) are all taken them as individuals to do so.
into account in determining whether it is safe
for employees to attend the workplace and The impact of the pandemic upon schools
what safety measures are required for them. and college has become far greater since
September. The Joint Unions (GMB, NEU,
The advice can also be used by school and UNISON and UNITE) continue to wish to
college leaders when conducting individual support schools and colleges in remaining
risk assessments, and by union workplace safely open, but do not have confidence that
reps in ensuring that such risk assessments the Government’s measures and advice are
are conducted properly. We would also sufficient on their own to achieve this.
want school and college leaders to require
any contractors – catering cleaning etc. Developments since schools and colleges
operating on site – to follow this guidance. fully re-opened in September include:
Hugely increased case rates nationally
with additional restrictions imposed in
This advice applies from many areas and a national lockdown;
3 December, following the Evidence that case rates are much higher
end of the period of national among young people of school and
restrictions. Please check for college age than was previously realised;
updates if you are reading this
Continuing failures with Government’s
during any subsequent period test and trace system; and
of further national restrictions.
Official acceptance by Government
and Public Health England of the role
of airborne transmission, particularly in
poorly ventilated places where groups
of people spend long periods of time
together (this information is particularly
important for schools).
Coronavirus crisis: joint union advice on medically vulnerable and higher risk groups - January 2021 2Under the DfE guidance, little PPE is being Legal obligations on risk
provided and social distancing is very assessment for individuals
difficult. As a result, schools and colleges
will have fewer protective measures in place The DfE guidance documents emphasise
to reduce the spread of Covid-19 than most that employers must comply with health
other workplaces. and safety law, which requires them to
undertake risk assessments and put in place
Staff who are medically vulnerable or proportionate control measures and keep
otherwise at higher risk will still therefore them under review. This includes assessing
be at a greater risk of an adverse outcome if the individual circumstances for each
they contract the virus. Protective measures employee before requiring them to attend
will remain more important for them and, the workplace.
in some cases, may mean working at home.
The joint unions will fully support members These circumstances include the individual’s
who require protection and we will continue own health conditions, alongside any
to challenge the Government’s inadequate other circumstances which place them at
guidance for schools and colleges. higher risk for other reasons. The degree
to which individuals are at risk is affected
by their underlying health and also very
significantly by age, ethnicity, sex, and other
circumstances described in this guidance.
DfE advice regarding medically
vulnerable or higher risk groups
The DfE advice for schools and for colleges
on this matter for December onwards
is largely identical to its previous advice
(with shorter advice published for other
settings). The DfE continues to argue that
schools are not high risk workplaces and
that implementation of and compliance with
protective measures will make workplaces
safe for employees.
The joint unions continue to take the view
that the DfE advice does not offer sufficient
safeguards to employees. We therefore
advise all employers that, in order to ensure
compliance with their legal obligations
with regard to staff safety, the joint unions’
advice set out in this document should be
followed instead.
Coronavirus crisis: joint union advice on medically vulnerable and higher risk groups - January 2021 3The joint temporary change to duties/redeployment
may be required to facilitate home working.
unions’ advice
However, employers should accept that in a
small number of cases they will have staff at
home on normal pay without work to fulfil.
Joint unions’ expectations Assessments should consider what protective
with regard to individual risk measures would be required for employees
assessments who attend the workplace. This may include
measures specific to the individual, in
The joint unions expect all employers to have
addition to those adopted for employees and
carried out individual risk assessments for
students generally. Appropriate measures
employees before directing them to attend
might include allowing the employee to work
the workplace. The assessment must take
in roles where it is possible to maintain strict
account of their personal and household
social distancing, allowing the employee
circumstances and, where necessary,
medical advice. Employers should seek to work in a location where risk is lower,
information proactively from each employee. or where necessary providing personal
The assessment must also take account of protective equipment (PPE).
local prevalence of Covid-19. Risk assessments should have the support of
Given the developments outlined above, the employee concerned. Measures which
the joint unions have called on employers are implemented should be kept under
to review and update all such assessments constant review.
which were conducted for September.
The joint unions are reminding employers that
Individual risk assessments should continue the onus is on the employer to demonstrate
to be reviewed on a regular basis, with that a safe work environment is in place
particular reference to any changes in local for each worker. Employers should not just
circumstances, before any direction to attend decide that, because the DfE advice considers
the workplace. Risk assessments should also it generally safe for such employees to return
be kept under regular review to account to work, any protective measures being put in
for any change, for example an increase in place for employees generally are sufficient.
local infection rates and the risk posed to Each employee should have an individual
employees. Schools and colleges which assessment which considers their personal
have not conducted individual risk and local circumstances and the protection
assessments for vulnerable and higher-risk they require and which should be reviewed if
staff should do so urgently. circumstances change.
Assessments for all employees who are The joint unions are asking employers to
identified as being in medically vulnerable accept that not all employees are able to go
or higher risk groups should also include in to work and reflect this in their planning, as
home working as an option for protective outlined below.
measures, which should be applied to
employees as set out below. Reps and members are strongly encouraged
to seek their own union’s advice on these
Depending on local, domestic and workplace issues whenever disagreement arises in
circumstances, working at home may also
relation to working at home for staff who are
be the safest measure to adopt for staff who
CV or in known higher risk groups. Please
have vulnerable household members.
refer to your union’s specific information (as
When employees are working from home, detailed at the bottom of this document) or
they should receive full pay and this time contact your branch for more information.
should not be treated as paid or unpaid leave.
If members need support to raise their
For some staff whose usual role cannot be personal circumstances with their employer,
undertaken from home, a mutually agreed they can talk to their union locally.
Coronavirus crisis: joint union advice on medically vulnerable and higher risk groups - January 2021 4Staff in the clinically extremely Staff in the clinically vulnerable
vulnerable group group including pregnant women
The Government has ended its shielding advice The Government recognises that a wider
to individuals who were previously classed as group of people continues to be more
clinically extremely vulnerable (CEV), citing clinically vulnerable (CV) to Covid-19 than
the reduced prevalence of Covid-19 in the the general population due to their medical
community. Rates of transmission during the circumstances. Government guidance
second wave of Covid-19, however, have on clinically vulnerable people includes
become higher than when strict shielding pregnant women in this category.
requirements were still in place.
Many of these individuals are also at
The Government instructed CEV individuals higher risk for other reasons, with age, sex,
that they must not attend work during the ethnicity, pregnancy and factors linked
lockdown period from 5 November to with economic disadvantage being very
3 December. The DfE’s advice to employers significant. A combination of factors relating
is now that CEV individuals may return to to medical vulnerability and known higher
work provided that the workplace is COVID- risk characteristics can compound and
safe. The joint unions’ advice is that CEV significantly increase the risk to individuals.
individuals should in all cases be permitted to
continue to work at home. If employees are The current situation poses a substantial level
in roles that cannot be done be from home, of risk for CV staff, particularly in areas of
then they will need to be at home on full pay. higher infection rates. For all CV employees,
the joint unions again expect employers
CEV individuals continue to be most at risk to conduct individual risk assessments
if they contract Covid-19. The joint unions in relation to working at home. We are
are advising employers that, as part of their calling on employers to prioritise home
revised risk assessments for staff, they working options for CV employees until
should therefore allow all CEV employees infection rates fall locally. This measure will
to continue to work from home if they wish be particularly important where staff have
to do so. (This advice also applies to all staff even greater increased vulnerability due to
over 60 and all women in the third trimester a combination of factors or work in roles
of pregnancy - see below). involving greater risk.
The joint unions do not accept the DfE’s As noted above, where the usual role cannot
guidance that other than during the be undertaken from home, employers should
lockdown period it is safe for such staff to consider temporary changes to duties and
travel to and from school/college and to should accept that in a small number of
work in school/college, whatever other cases, employees may be at home on full pay
safety measures are adopted. without duties to fulfil.
Where such staff decide that they do wish Where CV employees do not believe that
to return to work if possible, the joint unions the measures identified by the employer are
expect the individual risk assessment to enough to keep them safe in the workplace,
consider appropriate protective measures on they should inform their local union rep and
the same basis as for other staff in medically immediately seek supporting evidence from
vulnerable or known higher risk groups (below). their doctor and a referral to occupational
Schools should follow WHO advice and provide health. Whilst this process is underway,
medical masks to all such staff who choose to we would support CV employees being
come into the workplace and encourage their permitted to work at home until a decision
use in communal areas and classrooms. can be made based on all the relevant
medical information.
Please read the advice below about
contacting your employer with regard to your Where staff choose to continue to work in
risk assessment. If you are concerned about school/college, risk assessments should
an instruction or possible instruction to attend consider what protective measures such as
the workplace, please contact your union rep social distancing and personal protection
or branch locally for advice and assistance. should be adopted for them.
Coronavirus crisis: joint union advice on medically vulnerable and higher risk groups - January 2021 5Pregnant women and new risks that are greater in the workplace than
mothers to what they would be exposed to outside
of the workplace”, and that women in the
The law requires employers to consider, third trimester should be allowed to work
when conducting risk assessments, the risks at home. The joint unions believe that
to employees who are pregnant or new education employers should consider this in
mothers (those who have given birth in the their individual risk assessments for pregnant
previous six months) and to suspend them women and new mothers.
on full pay if it is impossible to avoid risks to
their health & safety. Given the known greater risks to women
in their third trimester of pregnancy, the
Pregnant women continue to be included joint unions’ advice is that they should be
in the Government’s list of those who permitted to work from home until their
are clinically vulnerable. The DfE has
chosen date for starting maternity leave
referred schools to advice and guidance
or, if this is not possible, suspended on full
from the Royal College of Obstetricians
pay. This should also be considered as an
& Gynaecologists which notes that, while
appropriate measure to remove risks to other
pregnant women may not be more likely to
pregnant women, in particular those who
become infected by Covid-19, those who
may be at increased risk due to other factors.
contract any respiratory illnesses in the third
We advise pregnant women who are seeking
trimester of pregnancy (ie the 28th week
to work at home or are suspended on
and beyond) can become seriously unwell.
maternity grounds to write to the employer
It also notes that absolute assurance cannot
be given that contracting Covid-19 carries to confirm they intend their maternity leave
no greater risk to women at an earlier stage to start at the Expected Week of Childbirth
of their pregnancy and carries no risk to (EWC).
the unborn baby. Finally, it notes that some
pregnant women and new mothers may be at
increased risk due to other factors. The DfE Staff in other higher risk groups
advice says in relation to the RCOG guidance The following sections consider the position
that “we advise employers and pregnant of staff in specific groups: older and male
women to follow this advice”. staff, obese staff, Black staff, and disabled
staff. They should be read in conjunction with
Joint advice from the Department of
the advice set out above.
Health and Social Care and the Health and
Safety Executive: Coronavirus (COVID-19): The joint unions expect employers to
advice for pregnant employees advises that conduct individual risk assessments for
employers must carry out a risk assessment employees who are in known higher risk
for pregnant workers who should only groups. In some circumstances, working
continue working if the risk assessment at home may be an appropriate protective
advises that it is safe to do so. Employers measure. Where staff continue to work in
should ensure that pregnant women of any school/college, risk assessments should
gestation are able to adhere to any active consider what protective measures such as
national guidance on social distancing. If social distancing and personal protection
employers are not able to remove or manage should be adopted for them.
any risks, for example, if pregnant workers
are not able to follow social distancing Again, the joint unions are reminding
guidance at work, the worker should be employers that the onus is on the employer
offered suitable alternative work or working to demonstrate that a safe work environment
arrangements (including working from home) is in place for each worker.
or be suspended on normal pay.
The joint unions believe that not only should
The RCOG has previously recommended, age, sex, ethnicity and disability form part
in relation to healthcare workers, that of every employer’s risk assessment for
for women in the first two trimesters of individual staff members, but that the process
pregnancy, employers should “remove any should recognise the anxiety that particular
Coronavirus crisis: joint union advice on medically vulnerable and higher risk groups - January 2021 6staff may feel about their circumstances. Disabled staff
Employers must take proactive, sensitive and
Risk to disabled employees also requires
supportive steps to build up a full picture
careful consideration even if their particular
of the ethnicity and health status of their
health condition does not itself place them in
workforce as part of the planning to make
the medically vulnerable category. Disabled
work safe.
staff often experience stereotypes at work
and may be worried about the impact of the
Older staff and male staff current crisis on their health and job security.
It is important to remember that employers
Age is the biggest single factor in increasing are under a legal obligation to make
risk to individuals other than specific health reasonable adjustments, which may in
conditions. It is also known that men are some cases include working at home, for
at greater risk of adverse outcomes than disabled staff to ensure they can continue to
women should they contract the virus. Both do their jobs.
these characteristics should be taken into
account in risk assessments.
Staff with family members who
are medically vulnerable or at
Risks from being overweight
higher risk
Science also suggests staff with weight issues
as per the NHS BMI calculator might be at The joint unions do not accept the DfE
extra risk, especially staff over 50. position that all such staff can simply return
to the workplace. Individual risk assessments
must be conducted which consider the
Black staff employee’s domestic circumstances and
local prevalence of Covid-19.
Black* people are known to have suffered
a disproportionate impact in both the first Where an employee’s domestic circumstances
and second waves of the pandemic. Why are such that there is a significant risk of
is not yet fully understood, but the latest passing on the virus to family members who
research points to structural inequalities. are themselves at greater risk, the joint unions
A report by the Runnymede Trust, a race expect employers to consider allowing the
equality think-tank, has found that people employee to work at home until that risk can
from ethnic minority backgrounds in the UK be reduced, either by changing their working
are more likely to be exposed to Covid-19. arrangements or by changes in the local
A further review led by Doreen Lawrence situation.
has concluded that structural racism led to
the disproportionate impact of Covid-19
on Black communities. This issue remains
a considerable cause of concern to Black
employees.
Black staff often feel less able to raise
their concerns within workplaces because
of stereotypes and prejudice. This is an
important context to understand and
acknowledge. The DfE has previously
confirmed to the Joint Unions that it believes
that ‘’schools should be especially sensitive’’
to the needs and concerns of Black staff.
* ‘Black’ is used in a political context to encompass all members
who self-identify as Black, Asian and any other minority ethnic
groups who do not identify themselves as white.
Coronavirus crisis: joint union advice on medically vulnerable and higher risk groups - January 2021 7Staff who are otherwise anxious Supply, agency and peripatetic
about returning to work staff
In relation to such staff, the DfE advises Supply staff working on a regular or ad
that employers should have regard to staff hoc basis, peripatetic subject staff, school
wellbeing, reminds them that their duty of improvement advisers, educational
care extends to mental health, and notes psychologists, home tutors and others
that mechanisms to support well-being will who do not work consistently in the same
be important where staff are anxious about workplace are all entitled to support, both
returning to work. from their own employer and the employer
at the particular workplace they are visiting.
Employers should consider the mental
health of employees when undertaking Employers should adopt a similar approach
risk assessments, particularly where staff to risk assessment which takes into
have previously experienced mental health account the full range of likely working
conditions. circumstances and individual workplaces as
well as individual and local circumstances.
Even where there is no specific risk-based Employers should not just assume that all
reason for adjustments greater than those workplaces will be safe – steps should be
for other employees, the joint unions call taken to obtain the necessary information
on employers to consider what measures from other employers in order to validate
can be taken to address such employees’ any risk assessment. Supply staff working
concerns, including adjustments to working for agencies are covered by specific legal
arrangements as well as counselling support. provisions which impose obligations upon
The joint unions advise members who are agencies before placing workers even though
anxious about returning to work to contact the agency is not legally the employer.
the employer (see below). Members should Employers in schools and colleges should
also speak to their GP if they are experiencing ensure that safety measures take visiting
mental health concerns or other work- professionals into account and offer
related health issues. Members should not protection to them, as well as their own
simply stay away from work as your employer employees. These safety measures should
may treat your absence as unauthorised. be communicated on (or even better before)
The DfE advice does not discuss the arrival, in particular where engagements or
position of employees with other personal visits will last for a whole day or longer.
circumstances such as travel or childcare
difficulties.
Planning for the implications of
staff absence
Staff in early years settings Employers’ planning should include
The DfE advice for early years settings is consideration of how the workplace will
much less detailed than for schools and operate if a significant proportion of staff
colleges. It does not refer specifically to CEV are unable to return to work, or if significant
or CV people but advises that, for people numbers of staff have to self-isolate or take
at increased risk, settings should “try as far sick leave as the term progresses. Planning
as practically possible to accommodate should not assume that all staff will be able to
additional measures”. go in to work.
The joint unions advise employers that Pressure should not be put on staff to return
employees in early years settings should be to work simply because planning has not
treated in the same way as set out earlier for been done to accommodate the possible
employees in all other education settings. need for some staff to work at home.
Coronavirus crisis: joint union advice on medically vulnerable and higher risk groups - January 2021 8Advice to members on contacting Further advice
their employer NEU members can read this advice about
Employers should already have conducted seeking support with mental health and
a risk assessment which considered your wellbeing. UNISON members can seek
personal circumstances. The joint unions confidential advice and support from
have called on employers to review UNISON’s own welfare charity, There for You.
and update assessments conducted for GMB guidance can be found here.
September. You can download and use our
Risks for ethnic minorities - The GMB has
template letter (see appendix below) to write
published a COVID-19 risk indicator here
to your employer if you want to ensure the
while an NEU analysis is available here.
employer is aware of your health and other
personal circumstances, in particular any Childcare advice - The NEU’s advice in
recent changes of which it may not be aware. relation to childcare is available here.
UNISON’s advice can be found here for
You could also contact your GP beforehand
school staff and here for college staff. GMB
and discuss risk factors and possible
guidance can be found here.
protective measures in order to help you to
explain matters to your employer. Specific and fuller NEU advice is available
for supply staff and for peripatetic staff.
If you are unhappy with your employer’s
UNISON’s advice can be found here for
response, you should contact your GP
school staff and here for college staff. GMB
to discuss it and seek further evidence to
guidance can be found here.
support you in trying to reach agreement.
Contact your local union for further advice
about what is reasonable to say to your Joint unions –
employer, or if you are being asked to work at NEU, UNISON, GMB & UNITE
school when you do not feel it is safe to do so. Updated January 2021
Contacting your union
Please ensure that you tell your local union if
you have sent a letter to the head – they will
need this information to keep up to date on
the position of staff who require protective
measures or feel unable to work at school/
college and represent members. If there is no
rep in your school, please volunteer.
Details on how to contact your union locally
can be found here for NEU members and
here for UNISON members. GMB guidance
can be found here and here. Unite guidance
is here.
Coronavirus crisis: joint union advice on medically vulnerable and higher risk groups - January 2021 9Appendix
Contacting your employer
Use the template letter below to write to your employer if you need to.
Dear [add name]
I am writing regarding your planning for staffing levels your risk assessment for staff, and my
own position. I would like to draw your attention to the following matters, which I would like
you to consider when you are looking at staff availability and my role following wider opening:
• insert information regarding your personal position as discussed above
I would like you to agree that, given these circumstances, I will be able to continue to work
from home and confirm to me that that will be the case.
If you propose to require me to return to the workplace, I would be grateful if you would let
me know the reasons (including a copy of the risk assessment and where appropriate the
equality impact assessment relating to my position) for that request.
With best wishes.
[Your name]
NEU1987/1220
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