By Gavin Mackintosh-
Education Unions in the UK have intensified their opposition to plans to reopen schools by highlighting a Covid-19 ‘legal liability’ in relation to health and safety laws.
A joint letter from the National Education Union, Unite, Unison and GMB was sent last night to headteachers and principals of college groups with schools .
The letter, seen by The Eye Of Media.Com reminds them that the Health and Safety at Work Act 1974, as well as four other pieces of legislation.
It places responsibility on schools to ensure that a decision on the wider reopening of individual schools is ‘taken in accordance with the unions’ advice on procedures and standards needed to ensure that safety can be maintained.
It also “places a duty on employers to ensure the health, safety and welfare” of their staff and students before stating the unions will be advising members of their “legal rights should any member contract Covid-19 upon returning to school”
The letter which makes reference to the Health and Safety at Work Act 1974, places a duty on employers to ensure the health, safety and welfare of all employees. It also makes reference to those of persons not in employment but who may be affected by the employer’s actions (pupils, staff, and anyone
sharing a home with pupils or members of staff).
The letter also stresses an implication in every contract of employment that an employer will protect the employee’s health and safety.
In a stark criticism against the Department Of Education, an excerpt of the letter reads: ”The DfE has placed the decision on wider opening on the shoulders of the employer and on you. It has, however, failed to provide clear and robust guidance that will ensure the health and safety of pupils, staff and the wider community.
We have drawn up a joint union checklist, which is comprehensive, and follows the guidance issued by the DfE, as well as incorporating the need for social distance as recommended by the Cabinet Office.
As you will be aware, the Health and Safety at Work Act 1974 places a duty on employers to ensure the health, safety and welfare of all employees and those of persons not in employment but who may be affected by the employer’s actions (pupils, staff, and anyone sharing a home with pupils or members of staff).
Control
.”We also appreciate that there may well be factors beyond your control that affect any decision you make, such as the local R rate, the availability of testing and tracking as well as the ability for pupils and staff to travel to and from school safely without a high risk of exposure to Covid-19.
‘We will be advising members of their legal rights should any member contract Covid-19 upon returning to school. We trust you will understand that we are not acting without good reason, but from the position that we all share responsibility for ensuring there is no second spike of Covid-19
in the UK.
Scientific evidence is yet to be released that establishes that the measures contained within the DfE guidance are capable of ensuring the risk to pupils, staff and the wider community is reduced to an acceptable level. We believe it is important you fully understand the potential liability you are exposing yourself to by following the current deeply flawed guidance.
The unions are asking you to ensure that a decision on the wider reopening of your school is taken in a manner which accords with the unions’ advice on procedures and standards needed to ensure that safety can be maintained and which fully consults and involves our representatives and your employees.
The DfE itself states that schools should work closely with parents, staff and unions as they normally would, when agreeing the best approaches for their circumstances’.
Union leaders have long expressed high scepticism about the idea of re-opening schools in the current Covid-19 climate, for fear that pupils or teaching staff could spark a second wave of the virus which has been falling in the UK