HR CORONAVIRUSFAQsGuidance for headteachers in schoolsand educational settings during thecoronavirus pandemic - 8th March2022

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HR guidance for headteachers in schools and educational settings during the coronavirus pandemic

This guidance applies to all schools and educational settings (maintained,community, voluntary aided, academies and free schools) and will supportHeadteachers to handle potential teaching/support staffing matters that may arisedue to the coronavirus from 21st February 2022.

Please ensure that all teaching/support staff are kept informed of the latestgovernment advice through school staff communications. All teaching/supportstaff must read and comply with that guidance.

The relevant guidance is: COVID-19 Response: Living with COVID-19

Government guidance: Schools COVID - 19 operational guidance

Public Health guidance: City & Hackney’s guidance for education settings sets outuseful information and guidance on managing Covid-19 in schools. Please note: thisguidance is updated frequently so always refer to this link for the latest version.

Additional guidance:

● Full list of guidance: Guidance for schools: coronavirus (COVID-19)● Day to day running of a school:

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 providersSafe working in education, childcare and children’s social careCoronavirus (COVID-19): safe travel guidance for passengers

A list of questions covered in this document is below. It is advisable to read and understand all of theguidance. However, if you quickly need to refer to a specific answer, click on the question or headingbelow to jump to that section:

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HR guidance for headteachers in schools and educational settings during the coronavirus pandemic

Table of contentsHealth Guidance 7

1.What are the main symptoms of coronavirus? 72. What are the appropriate steps if someone in our education setting has symptoms (asuspected case)? 73.What are the instructions for households who need to isolate or undertake tests prior tosurgery or day surgery? 74.Can an Occupational Health Service be used to inform decisions related to theCovid-19? 8

Self-isolation and contact tracing 85. Do staff still need to isolate if they have symptoms or test positive for COVID-19? 86. What if a member of staff insists on coming into work with symptoms or a positive testresult? 87. A member of staff is showing COVID-19 symptoms but they refuse to take a test. Whatcan I do? 88.Can we ask a member of staff to provide evidence of having a COVID-19 test? 99.What are the arrangements for contact tracing? 910. How long does a member of staff need to stay at home if they have COVID-19? 911. What precautions should be taken if a member of staff has been in close contact witha child or young person who has tested positive in a setting? 1012.Do staff who are not vaccinated need to self isolate? 1013.Should colleagues be informed if a member of staff is a close contact of a positivecase of COVID-19? 10

Testing 11Vaccinations 11

14.If a member is unwell after having the coronavirus vaccination, how should anysickness absence be recorded? 1115.Do we need to keep a record of staff who have been fully vaccinated and are welegally allowed to ask for evidence? 11

Working Guidance 1216.What is the government's guidance ‘Living with COVID)? ? 1217.What are the guidelines for working arrangements for schools? 1218.Can staff work across groups of children and schools? 1319. Can a member of staff work from home whilst they have COVID-19? 13

Individual working arrangements 1420.Which staff should complete a COVID-19 vulnerabilities risk assessment? 1420.Do we need to ask agency workers to carry out a vulnerability risk assessment beforethey start a placement? 1421.Does a coronavirus vaccination impact on the vulnerability's risk assessment? 1422.If staff have received the vaccine do they now need to review or recompletevulnerability assessment? 15

Supporting staff who are at increased risk from COVID-19 15

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HR guidance for headteachers in schools and educational settings during the coronavirus pandemic

23.What about staff who were previously identified as clinically extremely vulnerable? 1624. What arrangements should be made for staff who are immunosuppressed? 1625. What arrangements should be made for pregnant staff? 1626.A member of staff has a medical condition that isn’t listed in the guidance. Whatshould they do? 1727.What are the provisions if a teacher/support staff lives with someone who hasincreased risk from coronavirus? 1728.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? 1729. If it is agreed that an employee will work from home for an extended period, what arethe key considerations? 1729. If a member of staff has to work from home, will the school have to pay them a homeworking allowance? 18

Local outbreaks and variants of concern 1830.If we need to change our working arrangements and class allocation, can I ask a classteacher from one year group to cover another year group? 18

PPE and face coverings 1932.What is the current general guidance on staff wearing PPE? 1933.What is the current guidance for face coverings for staff, pupils and students duringthe coronavirus pandemic? 1934.What if a member of staff wants to wear PPE or a face covering and it is not arequirement for their role? 1935.We have a high number of SEND children at the school, can staff refuse to work withthem without PPE? 19

COVID-19 related absence 2036.If an employee has been advised to self-isolate 20…and they are sick, what sort of leave is this? 20…but they are not sick, what sort of leave is this? 2037.How is COVID-19 related absence recorded on iTrent? 20Sickness 20‘Other’ absence 2038.How can I support a member of staff who experienced prolonged symptoms aftercontracting coronavirus (Long COVID)? 21

Annual leave for support staff who work 52 weeks per year 2139.Using holiday 2140.Carrying over holiday 2141.Previously booked holidays 2242. What considerations should be made for a member of staff who wants to go onholiday abroad? 2243.If an employee is confirmed as having the coronavirus, what should their colleaguesbe told? 22

Absence due to concerns over COVID-19 2344.How should headteachers respond if an employee refuses to come to work? 2345.How should headteachers respond if an employee refuses to come to work due tohealth and safety concerns (invoke section 44)? 23

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HR guidance for headteachers in schools and educational settings during the coronavirus pandemic

46.If an employee decides not to attend work without discussing this with their managerand getting agreement, what sort of leave is this? 2347.How will you manage staff who have taken the decision not to attend work , becausethey believe they are at risk due to COVID-19? ? 2448.A member of staff is not attending work based on the advice they have received fromtheir union. How do we manage this? 24

Dependency leave 2549.What are the provisions for staff who need to look after dependents due toCOVID-19? 2550.Staff have informed you that they cannot return to work due to concerns regardingtheir children returning to an education setting. What options do you have? 2551.How do you deal with staff who are anxious and do not attend work, and provide amedical certificate for stress, anxiety or depression? 25

Support for staff and wellbeing 2662.How can headteachers support staff during the coronavirus emergency? 2653. How can I support staff who are suffering from work-related stress during theCoronavirus pandemic? 2654.What support has been put in place to support staff who have lost close familymembers and friends and are anxious about returning to work? 2755.How will you manage staff who do not want to attend work because they are anxiousabout taking public transport to work? 2756.The risk of racial harassment has increased with the coronavirus. What shouldHeadteachers and colleagues do? 27

Probation and performance management 2857.What happens if a new employee’s probationary period assessment can’t becompleted due to COVID-19 2858.What provisions will be made for Early Career Teachers who are absent due tocoronavirus during their induction period? 2859.What is the guidance on pay progression? 2860.If I have concerns regarding a member of staff’s performance (online) duringCOVID-19, how do I support them? 28

Contingency workers and contractors 2961.What should we do about pay for agency workers? 2962.What happens if the agency workers contract ends? 2963.In the event of the full or partial closure of a school, does an agency worker remainentitled to be paid if other employees continue to be paid even if they are not workingfrom home? 2964. What are the pay arrangements for casual/sessional/zero hours employees? Are wegoing to get paid if our usual work is not required? 3065.Can we ask external contractors what provision they have put in place to reduce therisk to their staff and school staff on school premises? 30

DBS checks 3066.Are there any changes to the DBS process? 30

HR Processes 32

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HR guidance for headteachers in schools and educational settings during the coronavirus pandemic

Organisational change – restructures 32Disciplinary, capability, formal sickness and grievance procedures 32Recruitment 32Voluntary Aided Schools, Free Schools and Academies 32

Further information 33Hackney Education HR guidance 33Government advice 33Local Government Association 33London Diocesan Board of Schools 33

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HR guidance for headteachers in schools and educational settings during the coronavirus pandemic

Health Guidance

1.What are the main symptoms of coronavirus?

The main 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.

Other symptoms linked with COVID-19 include shortness of breath, fatigue, loss of appetite, muscleache, sore throat, headache, stuffy or runny nose, diarrhoea, nausea and vomiting. Any of thesesymptoms may also have another cause.

The NHS have set out further details of symptoms here: Symptoms of coronavirus.

Staff can also check their symptoms online using the 111 online coronavirus service. Please alsosee the guidance on testing.

2. What are the appropriate steps if someone in our education setting has symptoms(a suspected case)?Pupils, staff and other adults should follow guidance on People with COVID-19 and their contacts ifthey have COVID-19 symptoms:

● Children, young people or staff members with symptoms should be sent home.

● If they have any of the main symptoms, they should arrange to have a PCR test and avoidcontact with other people while awaiting the test result.

○ a new continuous cough○ a high temperature○ a loss of, or change in, your normal sense of taste or smell (anosmia).

3.What are the instructions for households who need to isolate or undertake testsprior to surgery or day surgery?

Local NHS protocols will apply in these circumstances and staff should be advised of these onreceipt 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 themor the member of their household detailing the surgery as proof.

Unless already on sick pay, all employees should remain on normal full pay for the duration of anyself-isolation period. Those who can work from home (either in their own role or on alternativeduties), 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 thatheadteachers will need to accommodate as a consequence of the current situation.

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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 theCovid-19?

Headteachers should be assessing the level of risk posed by COVID-19 to individual employeesusing the COVID- 19 vulnerabilities risk assessment and use this to inform discussions with theindividual.

Advice can be sought from the school’s Occupational Health provider if required. Employees cannotcall the Occupational Health Service for advice themselves. If they need medical advice they shouldcontact their GP or NHS 111.

Self-isolation and contact tracing

5. Do staff still need to isolate if they have symptoms or test positive for COVID-19?

From 24 February 2022, staff will no longer be legally required to self-isolate if they testpositive for COVID-19. However, if a member of staff develops symptoms of COVID-19, theyshould stay at home and arrange a PCR test and remain at home until they receive their PCR testresult.

Staff who test positive should stay at home and not attend their workplace for at least 5 days aftertheir symptoms started (or the day their test was taken if they did not have symptoms)and until theyhave received 2 negative test results on consecutive days.

Further guidance is available in the guidance COVID-1: people with COVID-19 and their contacts.

6. What if a member of staff insists on coming into work with symptoms or a positivetest result?While most staff will agree that if they have symptoms or a positive test result, they should not attendwork, there may be some who feel otherwise. In this instance, headteachers can take the decision torefuse the member of staff from attending work, if in their reasonable judgement it is necessary toprotect others from COVID-19, in line with national guidance.

7. A member of staff is showing COVID-19 symptoms but they refuse to take a test.What can I do?

Staff anyone with Covid-19 symptoms should stay at home and arrange a PCR to arrange a test.Headteachers should inform them that they have a duty of care to all staff and children within theschool and that this is a reasonable management request. You should reassure them that anythingthat they share 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 withinat 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 forfurther advice.

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HR guidance for headteachers in schools and educational settings during the coronavirus pandemic

8.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 theemployees and children in your care. If the member of staff is unwilling to provide proof that they areunable to attend work due to COVID-19, then the headteacher should contact HR for furtherguidance.

9.What are the arrangements for contact tracing?

Public health advice for people with COVID-19 and their contacts changed from 24 February 2022.Contacts are no longer required to self-isolate or advised to take daily tests and routine contacttracing has ended.

However, those who test positive for COVID-19 are encouraged to inform their close contacts sothat they can follow the guidance for People with COVID and their contacts.

Staff who live with someone who has COVID-19 should continue to attend their workplace asnormal, in line with the guidance for People with COVID and their contacts.

If staff develop any of the main symptoms of COVID-19, they should order a PCR test and stay athome while waiting for the test result.

10. How long does a member of staff need to stay at home if they have COVID-19?If a member of staff tests positive (with a lateral flow or a pcr test), their self-isolation period includesthe day their symptoms started (or the day they had the positive test result, if they did not havesymptoms) and usually will be for the next 10 full days.

● Staff can take an LFD test from 5 days after their symptoms started (or the day their test wastaken if they did not have symptoms) followed by another one the next day.

● If both test results are negative, they should return to their usual routine including returning towork (as long as they feel well enough to do so and do not have a temperature). ● If the testresult is positive, they should continue taking LFD tests until they receive 2 consecutivenegative test results or return to their educational setting after 10 days (as long as they feelwell enough to do so and do not have a temperature).

Pupils and staff should return to school as soon as they can, in line with guidance for People withCOVID-19 and their contacts.

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HR guidance for headteachers in schools and educational settings during the coronavirus pandemic

11. What precautions should be taken if a member of staff has been in close contactwith a child or young person who has tested positive in a setting?Public health advice for People with COVID-19 and their contacts changed from 24 February.Contacts are no longer required to self-isolate or advised to take daily tests, and contact tracing hasended. Close contacts are normally considered people who live in the same household or stayovernight in the same household.

Staff who have been in contact with someone in a setting with COVID-19 should follow the guidanceon Coronavirus: how to stay safe and help prevent the spread and the protocols put in place for theirsetting.

12.Do staff who are not vaccinated need to self isolate?All staff who have a confirmed or suspected case of COVID-19 should stay at home. Staff who areunvaccinated are no longer required to self isolate if they are a close contact of someone withCOVID-19. Staff who are a close contact of someone with COVID-19 should follow the guidancePeople with COVID-19 and their contacts.

13.Should colleagues be informed if a member of staff is a close contact of a positivecase of COVID-19?Headteachers/staff do not need to tell colleagues that a member of staff has been in close contactwith 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 followingtheir most recent contact with the positive case, they may choose to or ask their headteacher/linemanager to explain to their colleagues any temporary changes to their working practices.

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HR guidance for headteachers in schools and educational settings during the coronavirus pandemic

Testing

From 21 February 2022, the guidance for staff and students to undertake twice weeklyasymptomatic testing has been removed in the following settings:

● Secondary schools and colleges● Primary schools● Early years settings.

Staff and pupils in these settings should follow asymptomatic testing advice for thegeneral population on when to get tested for COVID-19.

Asymptomatic testing may be advised by Hackney Public Health Team in the event of anoutbreak (see below asymptomatic testing in the event of an outbreak).

Please refer to the City & Hackney’s guidance for education settings for guidance onasymptomatic testing in SEND schools, alternative provision settings, and SEND unitswithin mainstream settings or equivalent in further education colleges

Staff with symptoms should take a PCR test, stay at home and follow the guidance: People withCOVID-19 and their contacts.

Vaccinations

14.If a member is unwell after having the coronavirus vaccination, how should anysickness 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 mayindicate the member of staff has COVID-19 or another infection. If a member of staff has a hightemperature or is concerned they are experiencing other symptoms of COVID-19, they must selfisolate and arrange for a PCR test.

If a member of staff becomes unwell, following receiving a coronavirus vaccination and is unable toattend 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.

15.Do we need to keep a record of staff who have been fully vaccinated and are welegally allowed to ask for evidence?Public health advice for people with COVID-19 and their contacts changed from 24 February 2022.Contacts are no longer required to self-isolate or advised to take daily tests and routine contacttracing has ended. Headteachers no longer need to ask staff about their vaccination status so theycan make contingency arrangements if staff are required to self isolate as they are not fullyvaccinated and have been a close contact of someone with COVID-19.

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HR guidance for headteachers in schools and educational settings during the coronavirus pandemic

Hackney Education recommends that headteachers/managers need to carefully consider if theyneed to ask and retain staff information on their vaccination status. The Information Commissioner’sOffice provides further guidance on Vaccination and COVID status checks. The guidance states that;

‘Your reason for recording your employees’ vaccination status must be clear and necessary. If youcannot specify your use for this information and are recording it on a ‘just in case’ basis, or if youcan achieve your goal without collecting this data, you are unlikely to be able to justify collecting it.

The sector you work in, the kind of work your staff do and the health and safety risks in yourworkplace should help you to decide if you have legitimate reasons to record whether your staffhave had the COVID-19 vaccine. For example, if your employees:

● are legally required to be vaccinated against COVID-19 to perform their role;● work somewhere where they are more likely to encounter those infected with COVID-19;

or● could pose a risk to clinically vulnerable individuals,

this may form part of your justification for collecting employee vaccination status.’

If headteachers take the decision to continue to ask and retain information on the vaccination statusof their staff, in light of the changing guidance from 24th February, they should communicate this tostaff along with the justification for this decision.

Information on the vaccination of staff should be kept no longer than necessary and if headteachersdecide they no longer need to keep information on the vaccination status of their staff, they shouldsecurely and confidentially dispose of this recorded information and communicate this to staff sothey are aware.

Please note, staff do not have to disclose their vaccination status, if they choose not to.

Working Guidance

16.What is the government's guidance ‘Living with COVID)? ?On 21 February, the Prime Minister announced plans for living with COVID-19 in England. Asummary of changes can be found in Section 1 of City & Hackney’s guidance for educationsettings

17.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

Public Health guidance: City & Hackney’s guidance for education settings

Headteachers must continue to do everything possible to protect those staff in vital roles byreviewing their risk assessments and implementing appropriate control measures outlined in theSchools coronavirus (COVID-10) operational guidance.

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HR guidance for headteachers in schools and educational settings during the coronavirus pandemic

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 homeimmediately and should make arrangements for a PCR test.

18.Can staff work across groups of children and schools?It is no longer recommended that staff and children work in bubbles. Schools should havecontingency 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 earlyyears settings is available here.

19. Can a member of staff work from home whilst they have COVID-19?

Staff may be asymptomatic or have very mild symptoms whilst they have COVID-19. Where theirrole allows and the member of staff feels suitably well enough, it may be feasible for them to workfrom home either in their role or carrying out appropriate alternative duties for the period whilst theyare infectious. Headteachers/managers should hold sensitive conversations with staff to explore ifthey are able to work from home and the priority should be given to allowing the member of staff toconvalesce at home.

If it is agreed that the member of staff is able to work from home, the headteacher/manager shouldkeep in regular contact with the individual and review the arrangement if the member of staff’ssymptoms change or get worse.

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HR guidance for headteachers in schools and educational settings during the coronavirus pandemic

Individual working arrangements

20.Which staff should complete a COVID-19 vulnerabilities risk assessment?

It is recommended that the COVID-19 vulnerabilities risk assessments are carried out forall staff and are regularly reviewed, particularly where the individual's assessment iscritical or high risk or the staff member’s circumstances change or where guidance ornew restrictions come into place from the government. Please see Questions 22 and 23for guidance on the impact of the coronavirus vaccination on a member of staff’svulnerabilities risk assessment.

Schools have a duty under health and safety law to assess risks to staff in their workplace. Furtherguidance on the control measures for schools in relation to COVID-19 is in the Schools COVID-19operational guidance.

In order to ensure schools have complied with their legal obligations to protect staff, it isrecommended that in addition to a whole school risk assessment, schools should carry out aCOVID-19 vulnerabilities risk assessment with all members of staff to ensure that any risks on anindividual basis are identified. These risk assessments should be carried out with staff who havebeen 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 themember of staff should discuss measures the school has put in place to reduce these risks andconsider any additional measures that could be put into place. Headteachers should try aspractically possible to accommodate additional measures, where appropriate.

20.Do we need to ask agency workers to carry out a vulnerability risk assessmentbefore they start a placement?

We recommend that agency workers are asked to complete a vulnerability’s risk assessment beforecommencing their placement so the school can assess if they need to make adaptations for theagency worker defending on the outcome of their risk assessment. If the school is concerned thatthey will not be able to make adaptations to sufficiently reduce risk to the agency worker then theydo not have to take on the agency worker for the assignment.

21.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 tomeasure because it is difficult to know the level of immunity each individual will acquire aftervaccination. 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, PublicHealth cannot predict whether or how much staff clinical vulnerability has been changed by beingvaccinated.

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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 cannotbe infected (or infect other people). Instead vaccination reduces the risk in those people for whomit’s been effective and at population level reduces the overall risk of infection and burden of thedisease. 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 goodprotection against new variants as they do for the original virus strain and earlier variants.

22.If staff have received the vaccine do they now need to review or recompletevulnerability assessment?

No, as the change in the member of staff’s clinical vulnerability due to being vaccinated cannot bepredicted, the underlying vulnerability evaluated within the vulnerability assessment will not bechanged by an individual’s vaccination status.

There are circumstances where reviews of the vulnerability assessment are necessary, such as ifthere was a change in their personal vulnerability characteristics, such as if there is a new diagnosissince the last risk assessment or if there has been significant deterioration or control of the knownlong term conditions or risk factors, or a new health diagnosis/deterioration. In these cases staffshould discuss these changes in circumstances with their manager and where necessary updatetheir vulnerability assessment.

Supporting staff who are at increased riskfrom COVID-19

The Health and Safety Executive (HSE) has published guidance on protecting vulnerableworkers, including advice for employers and employees on how to talk about reducing risks in theworkplace.

In line with this guidance Hackney Education recommends that headteachers/managers should :● discuss how the school are managing the risks from COVID-19 with all staff including

vulnerable staff● talk to vulnerable staff about any concerns they may have and any measures that can be

out in place to reduce these concerns● vulnerable staff should have their vulnerability risk assessments regularly reviewed to

determine whether any changes need to be considered

There is further specific guidance for:

● Workers previously identified as clinically extremely vulnerable (see Question 33)● Workers who are immunosuppressed (see Question 34).● Pregnant workers (see Question 35)

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HR guidance for headteachers in schools and educational settings during the coronavirus pandemic

23.What about staff who were previously identified as clinically extremelyvulnerable?

The Health and Safety Executive (HSE) has provided guidance for Protect vulnerable workersduring the coronavirus (COVID-19) pandemic

Staff who were previously identified as clinically extremely vulnerable should continue to follow the

guidance in Coronavirus: how to stay safe and help prevent the spread.

Headteachers and staff should consider advice from the member of staff’s health professional on

whether additional precautions are right for them.

Headteachers and line managers are encouraged to talk to any workers previously defined as

clinically extremely vulnerable to explain the measures being taken to ensure they are working

safely.

24. What arrangements should be made for staff who are immunosuppressed?UK government public health guidance advises people who are immunosuppressed to work fromhome if it feels right for them.

Due to the nature of their work, long term working from home is not normally feasible for most postsin schools. If they cannot work from home, headteachers should talk to their staff member aboutany temporary arrangements that could be made to reduce the risks.

25. What arrangements should be made for pregnant staff?The government guidance for pregnant employees advises that vaccination is the best way toprotect against the known risks of COVID-19 in pregnancy for both women and babies.

However, it also goes on to say that having a COVID-19 vaccine will not remove the requirement foremployers to carry out a risk assessment for pregnant employees and that the risk assessmentshould follow the rules set out in the government guidance. The guidance gives:

● Recommendations apply for pregnant women who are less than 26 weeks pregnant

● Recommendations apply for pregnant women who are 26 weeks pregnant andbeyond;

See further advice on health and safety for pregnant workers from HSE.

Schools should make the following arrangements for their pregnant staff :

● Routinely carry out a risk assessment in line with the Management of Health and SafetyRegulations at Work (1999).

● Review the school risk assessment and the vulnerability's risk assessment for the individualregularly (including when the member of staff reaches 26 weeks gestation) and make anychanges necessary.

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HR guidance for headteachers in schools and educational settings during the coronavirus pandemic

● Discuss with the individual any work adaptations that can be put in place for the pregnantmember of staff

● If headteachers and managers have carried out risk assessments for their pregnant memberof 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.

● Please note: the Government guidance states ‘Where a significant health and safety risk isidentified for pregnant workers, employers should adjust the working conditions or hours toremove the risk, where reasonably practicable to do so, or offer alternative work on the sameterms and conditions. If this cannot be done, employers should suspend pregnant workerson full pay. This is in line with normal requirements.

Pregnant staff should be reminded they can commence their maternity leave at any point 11 weeksbefore the expected date of childbirth. The start date of their maternity leave is the employeesdecision.

26.A member of staff has a medical condition that isn’t listed in the guidance. Whatshould they do?

It is recommended that the staff member gets a letter from their GP outlining the nature of themedical 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.

27.What are the provisions if a teacher/support staff lives with someone who hasincreased risk from coronavirus?Those living with someone who is at increased risk from coronavirus can attend work and shouldensure they maintain good prevention practice in the workplace and home settings.

Headteachers should handle matters sensitively taking into consideration social distancing and anymodifications that can be made to work.

28.Can staff request to come to work at a different time than the school hasrequested, so that they are not arriving at school during peak time on publictransport?

Staff are required to be ready for work when the children arrive at school. However, if headteachersreceive such a request, they must consider the reason and address this on a case by case basis.

29. If it is agreed that an employee will work from home for an extended period, whatare 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:

● Can the load be reduced?

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HR guidance for headteachers in schools and educational settings during the coronavirus pandemic

○ Are you able to have conversations that are sensitive and confidential without beingoverheard?

Further guidance on supporting staff who are working from home for an extended period of time isavailable in the Health and Wellbeing Section on the Services for Schools website.

29. If a member of staff has to work from home, will the school have to pay them ahome working allowance?

The school should not be paying an additional allowance for members of staff who are required towork from home. If an employee requires any equipment to work from home, then the schoolsshould consider loaning or purchasing this for the employee. Any equipment taken home by themember 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, themember of staff should agree reimbursement for these in advance with their manager and providewritten 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 fromhome direct from HMRC using the online form on HMRC website:

Local outbreaks and variants of concernGovernment guidance is available in the COVID-19 Contingency Framework: Education andchildcare settings

This section will be updated in line with government guidance and in relation to any questionsschools may have about staff who live or work in areas where there are local outbreaks ofCOVID-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 orAdvisor.

30.If we need to change our working arrangements and class allocation, can I ask aclass 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 onreturn to school and potentially in the future due local lockdowns or confirmed cases within theschool.

We would recommend that you prepare your staff for such scenarios and make them aware thattheir support will be required during these times, which may include teaching different year groups,potentially at short notice.

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HR guidance for headteachers in schools and educational settings during the coronavirus pandemic

PPE and face coverings

32.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 theyare 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 intheir setting and needs supervision until they can return home.

In consultation with London Local Authorities and Public Health England, the Association ofDirectors of Public Health, London have produced specific PPE quick reference guides for a numberof specific sectors (including Early Years and Nursery settings and Schools) regarding PersonalProtective Equipment.

The guides should be read alongside local protocols agreed with Hackney’s Public Health Team forspecial schools and early years settings regarding personal care.

33.What is the current guidance for face coverings for staff, pupils and studentsduring the coronavirus pandemic?Face coverings are no longer advised for pupils, staff and visitors in classrooms or communal areas.

Schools should prepare to be flexible as the Director of Public Health may recommend the use offace coverings in communal areas or classrooms during COVID-19 outbreaks or in enhancedresponse areas (areas where the COVID-19 risk may put exceptional local pressure on thehealthcare system). You should make sure your contingency plans cover this possibility.

Staff and pupils should follow wider advice on face coverings outside of school, including ontransport to and from school.

34.What if a member of staff wants to wear PPE or a face covering and it is not arequirement for their role?

We recommend that headteachers consider requests from staff to wear PPE and face coverings on acase by case basis taking into account their level of risk based on their COVID-19 vulnerabilities riskassessment, their individual circumstances and the nature of their role.

Please contact HR for further guidance if required.

35.We have a high number of SEND children at the school, can staff refuse to workwith them without PPE?

DfE guidance states PPE will only be required if care for the SEN child previous to coronavirusincluded the use of PPE or if any child becomes ill with Covid-19 symptoms.

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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 absencedatabase with the correct absence related code so the impact of the virus in your school can bemonitored as detailed in questions 46 and 47.

36.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 willfollow their own sickness absence procedures.

Teaching/support staff are required to provide medical certification, where it is not possible to get amedical certificate, exceptions will be considered. Staff can request an online isolation note via thenhs website.

Business Managers must record sickness on iTrent as Sickness under ‘Covid-19 or on analternative database as sickness absence due to Covid-19.

Business Managers are urged to record the actual reason for absence, especially under theseexceptional circumstances. This is important for monitoring purposes, and illness connected withcoronavirus 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. This will not need to be recorded inabsence management data. For teaching/support staff that are able to do this contingency measuresinclude 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 wouldbe 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.

37.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 isrecorded accurately to help monitor the impact of the virus.

Sickness

○ Covid-19 Sickness.

‘Other’ absence

○ Special Leave (Paid) – Covid-19 Dependency leave.

○ Special Leave (Paid) – Covid-19 Self-isolation.

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HR guidance for headteachers in schools and educational settings during the coronavirus pandemic

○ 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 > enterthe sickness dates and reason > click Save or

○ To record ‘other’ ‘Covid-19’-related absence: Click Add ‘Other’ Absence Details > find andselect the employee > enter the absence dates and reason > click Save.

If you have any queries, please e-mail: Education.payroll@hackney.gov.uk

38.How can I support a member of staff who experienced prolonged symptoms aftercontracting 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 symptomsof COVID-19 (long COVID) sympathetically and on a case by case basis. This could involve makingreasonable adjustments, phased return to work and if absences persist informal meetings under theSickness Absence Policy can be arranged.

If additional support and advice is required please discuss the individual cases with your HRBusiness 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

39.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 beenable to take all their leave. In this case, the following advice applies:

40.Carrying over holiday

Normally at the end of the leave year, staff may carry forward up to 5 days leave.

During the leave year 1st April 2020 - 31st March 2021 because of the COVID-19 pandemic, staffwere able to carry forward up to 10 days leave. If a member of staff decided to carry forward 10days, they must have taken 5 of these days by 30 June 2021 and the other 5 days by the end ofMarch 2022.

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HR guidance for headteachers in schools and educational settings during the coronavirus pandemic

Where leave has not been taken because of the coronavirus: 2020/21 Leave year: Inexceptional circumstances, Headteachers could authorise the carry forward of up to 20 daysleave (where a member of staff has been unwell due to COVID-19 or were on the frontlineresponding 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.

For the annual leave year 2022/2023, staff may be able to carry over a maximum of 72 hours (10days’) into the next leave year which runs from the beginning of April 2022 to the end of March2023. Staff will need to take 36 hours (5 days) of these days by 30 June 2022 and the other 36hours (5 days) by the end of March 2023.

41.Previously booked holidays

Changing or cancelling leave, for example because the employee’s holiday’s been cancelled,requires agreement from the employee/worker’s line manager.

42. What considerations should be made for a member of staff who wants to go onholiday abroad?

The guidance on testing and quarantining after travelling abroad is constantly changing. The latestguidance on travel to England can be accessed at Travel to England from another country duringcoronavirus (COVID-19).

Staff should inform the headteacher of any planned leave involving travel abroad and leave shouldtake into consideration that any travel abroad may require a period of quarantine (including testing)once they return.

Any quarantine time (including allowing adequate time for COVID-19 testing) should be takenduring school holidays with a view to staff being available to work during term time. Failureto do this could result in pay being affected.

Staff may not be able to avoid situations such as time abroad has already been booked andquarantine measures are instigated or exceptional delays in testing requirements and in view of thatHeadteachers should look at alternative working arrangements for them. This could involve makingup the hours, considering alternative duties to do from home (if this is practical) or in exceptionalcircumstances special leave with pay.

Headteachers are asked to contact their HR Advisor/Business Partner to discuss any complexcases.

43.If an employee is confirmed as having the coronavirus, what should theircolleagues be told?

Colleagues can be told that someone has been confirmed with coronavirus, but not who. This isconfidential medical information. Teaching/support staff do not need to take action except forfollowing advice from the NHS and Public Health England.

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HR guidance for headteachers in schools and educational settings during the coronavirus pandemic

Absence due to concerns over COVID-19

44.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. Ifthe member of staff refuses to attend work, the Headteacher should take into account their reasonsand consider if there is any way the member of staff's concerns can be managed (see informationon employees staff who are at increased risk from coronavirus and those with childcareresponsibilities).

45.How should headteachers respond if an employee refuses to come to work due tohealth and safety concerns (invoke section 44)?

If headteachers receive letters from teaching and/or support staff setting out their contractual rightnot 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 insufficientmeasures have been put in place to ensure the safety of their staff. Any specific complaints shouldbe taken seriously and must be documented and investigated. The headteacher should arrange ameeting to discuss the employee’s concerns including revisiting the individual’s vulnerabilities riskassessment. Responses may include but not be limited to:

● Addressing any changes to the individual’s circumstances identified in their vulnerabilitiesrisk 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 classeswhilst schools are closed to the majority of pupils and that they are only being asked toattend school to support the learning of vulnerable children and children whose parents arecritical workers [classroom-based staff only].

● Justification for asking the member of staff to come on-site for the provision of an essentialservice. [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 intoaccount the individual circumstances of each member of staff.

● Signpost the member of staff to the school’s updated risk assessment and explain theadditional 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 protectemployees (risk assessments), but also communicates clearly to staff what those measures are andprovides reassurance that the relevant government guidelines are being followed.

Following these steps, if the Headteacher has given a reasonable instruction for the member of staffto attend work and the employee refuses, the Headteacher should contact their HRAdvisor/Business Partner for further guidance.

46.If an employee decides not to attend work without discussing this with theirmanager and getting agreement, what sort of leave is this?

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HR guidance for headteachers in schools and educational settings during the coronavirus pandemic

Fear of contracting the virus is not a valid reason to not attend work. This is likely to be unpaidleave or could in some cases, result in disciplinary action. Headteachers can ask for any evidence toconfirm the reason for absence. However, it will probably not be possible in all cases for anemployee to produce any evidence, so employers will need to use their discretion when trying toestablish 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 inother ways, however in a school environment this could be difficult. Teaching/support staff who areemployed to work 52 weeks a year, annual leave could be considered. Note also that someteaching/support staff may be particularly vulnerable and therefore particularly concerned,Headteachers should refer to the Health Guidance section.

47.How will you manage staff who have taken the decision not to attend work ,because they believe they are at risk due to COVID-19? ?

We recommend that you have a discussion with the member of staff to understand their concern. Ifthe concern is based on medical grounds, you should request that they get a letter from their GPoutlining their circumstances. It is reasonable to expect that they will provide you with this within 5working 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 riskassessment/measures that the school has put in place. It is important that you exhaust as manyoptions as possible to enable a return to work, offer support through the school’s EmployeeAssistance Programme (EAP) and keep full notes of any discussions with the individual. If theemployee is still unwilling to attend, inform them of a date of expected return and failure to return willresult in nil pay. It is recommended that you discuss this with your HR advisor

48.A member of staff is not attending work based on the advice they have receivedfrom their union. How do we manage this?

Headteachers can ask staff to indicate if they are planning to return to work and encourage them toattend work by discussing the risk assessment and the measures that have been put in place.

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HR guidance for headteachers in schools and educational settings during the coronavirus pandemic

Dependency leave

49.What are the provisions for staff who need to look after dependents due toCOVID-19?

Dependency Leave provisions are set out in the Leave Entitlements policy. The policy provides forup to seven days paid dependency leave per year (pro-rata for part time staff) to deal withcircumstances involving the illness, injury or death of a dependent. Employees may make therequest to their managers who should consider the circumstances of each case in line with thepolicy. 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 headteacheror leader may consider agreeing to interim flexible working arrangements if the member of staff’srole allows for it.

Both dependency leave and other leave related to COVID-19 should be recorded as outlined inSection 3.

Please refer to the Leave entitlements policy for further guidance.

50.Staff have informed you that they cannot return to work due to concerns regardingtheir children returning to an education setting. What options do you have?

Headteachers may consider agreeing for the member of staff to take dependency leave as outlinedabove. Any additional days would have to be discussed with the Headteacher, however as per theLeave entitlements policy, any additional days may be unpaid.

51.How do you deal with staff who are anxious and do not attend work, and provide amedical certificate for stress, anxiety or depression?

The guidance on the medical certificate should be followed and the manager should ensure theymaintain the appropriate level of contact with the staff member during their absence. As part of thiscontact, the manager should seek to understand what the member of staff’s concerns are and howthese can be addressed and how the member of staff can be supported to return to work. Try to dealwith these concerns sensitively. This illness would not be recorded as COVID–19 related illness andthe sickness absence policy and procedure would apply. In such cases we would recommend aninformal meeting in the first instance, in line with the policy to try and resolve matters before makingany decision to proceed to the formal stages.

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HR guidance for headteachers in schools and educational settings during the coronavirus pandemic

Support for staff and wellbeing

Please also refer staff to the Wellbeing guidance on the services for schools websitewhich provides further guidance for staff wellbeing and links to useful resources andorganisations.

62.How can headteachers support staff during the coronavirus emergency?Staff may naturally be nervous about attending school at different times during the pandemic andschool leaders should provide opportunities to staff to discuss their concerns with their manager. If aheadteacher is concerned about how any staff member is coping with the coronavirus emergency,they may choose to refer them to the school’s Employee Assistance Programme.

Some schools may already be carrying out wellbeing audits/questionnaires for their staff and duringsuch times, it is more important than ever for headteachers to understand what is impacting on thewellbeing of their staff and how they can be supported. Please find attached Example 1 andExample 2 of wellbeing questionnaires that schools may wish to use to assess the wellbeing of theirstaff.

Some additional resources include:

● What Works Centre for Wellbeing: measuring wellbeing in schools● Department for Work and Pensions: workplace wellbeing tool● Thriving Places Index

The Measures of National Well-being Dashboard monitors and reports on wellbeing of the UK.

If you require any further information, please speak to your HR Business Partner or Advisor

53. How can I support staff who are suffering from work-related stress during theCoronavirus pandemic?Supporting education over such an intense, prolonged and uncertain period of time has undoubtedlychanged the way staff are working and in many cases their workloads.

It is important to acknowledge this and for school leaders to encourage staff to talk to them abouthow they are feeling and coping with the different ways of working and changing workloads and howthey can be supported.

Please refer to our Wellbeing guidance for further information and to the Stress Management Policyand questionnaires on the Services for Schools website.

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HR guidance for headteachers in schools and educational settings during the coronavirus pandemic

54.What support has been put in place to support staff who have lost close familymembers and friends and are anxious about returning to work?

It is understandable that staff who have lost someone will feel anxious about returning to work. It isimportant to have a discussion with the member of staff to see how they can be supported to returnto work including sharing risk assessments/measures taken to reopen the schools which may helpto alleviate their concerns.

Every person will deal with bereavement and the pandemic situation differently and will requireindividual support. This could include discussing and deciding on a return to work plan, gettingsupport from bereavement support organisations or taking bereavement leave, and if necessaryother types of leave.

There is additional guidance on bereavement support in the Coronavirus Wellbeing Guidance forSchool Staff on the Services for Schools website.

55.How will you manage staff who do not want to attend work because they areanxious about taking public transport to work?

We recommend that you carry out a COVID-19 vulnerabilities risk assessment with the member ofstaff which assesses the individuals’ risk on attending work, including how they travel to and fromthe school. This will help the manager have a discussion with the member of staff to understandtheir concerns. Staff are encouraged to make their journey into work by other means e.g. walk, cycleor drive (car share with PPE should they wish to). If staff are unable to commute by these meansthen they will need to use public transport safely (wearing gloves and masks) and adhere to socialdistancing measures.

Should the member of staff still not wish to return to work, they would need to be informed that theywill be put on nil pay. However, in some circumstances it is recommended that consideration is givento the distance they live from the school, and their journey into school. In some circumstancesworking from home could be considered. However the needs of others would have to be fullyconsidered before confirming working from home arrangements, and it would need to be underreview based on the needs of the school.

56.The risk of racial harassment has increased with the coronavirus. What shouldHeadteachers and colleagues do?

Headteachers and colleagues should be vigilant and take immediate action to prevent harassment.Harassment on any grounds is unacceptable and could result in disciplinary action.

Harassment for any other reason is also unacceptable, for example if someone is diagnosed withthe coronavirus and had attended work for a period of time.

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HR guidance for headteachers in schools and educational settings during the coronavirus pandemic

Probation and performance management

57.What happens if a new employee’s probationary period assessment can’t becompleted due to COVID-19

Managers should extend probationary periods as reasonably necessary to ensure a fair assessmentof the probationary period.

58.What provisions will be made for Early Career Teachers who are absent due tocoronavirus during their induction period?

ECTs should be able to complete their induction this academic year as expected as long as theymeet the teaching standards and Headteachers should continue to assess whether their ECT havemet the standards upon completion of the period.

Absences totalling 30 days or more that are not related to coronavirus (COVID-19) will continue toextend the induction period.

59.What is the guidance on pay progression?

Headteachers must ensure that teachers are not penalised during the appraisal process or inrespect of any subsequent pay progression decisions as a result of changes to working practicesdue to the coronavirus pandemic, such as where this has had an impact on the ability of the teacherto fully meet their objectives.

Therefore a principal of no detriment should apply, when considering pay progression of teachersacross all scales. This means that there is an expectation for appraisers to assess the teacher’sperformance prior to any school closure/partial closure, adjusting if necessary, for expectedtrajectory had there been no closures. In addition to that, for those teachers wishing to progress tothe upper pay range, appraisers must also factor in a minimum of ‘good’ teaching practice from theprevious year.

The only exceptions to this is where headteachers who, prior to "lockdown", had significant concernsabout the standards of performance or conduct of a teacher. These concerns would have to bestated in writing to the teacher and include the following circumstances:

● Section 10 of the Appraisal Policy - Informal capability, teachers requiring additional support● or were subject to a formal capability proceedings (section 5 of Capability Policy)

Where a decision is made to withhold pay progression the normal entitlements to appeal will apply.

If you do have any concerns over performance of teaching or supporting staff or on pay awards,please contact your HR Business Partner/Advisor.

60.If I have concerns regarding a member of staff’s performance (online) duringCOVID-19, how do I support them?

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HR guidance for headteachers in schools and educational settings during the coronavirus pandemic

COVID-19 has meant that staff have had to adapt to new ways of providing education provision.Sessions have been held with Headteacher/leaders to share best practice in remote learning andguidance and expectations have been shared from the Government and Ofsted.

Headteachers/leaders must be supportive to staff as they are adapting to these new ways of workingand taking into account their personal circumstances.

Monitoring the provision of online teaching is good practice, this ensures that the provision does notfall below the standards outlined by the school. Feedback from such a session should identifyappropriate guidance needed and be supportive taking into consideration that this is a new way ofworking. If concerns are ongoing please refer to existing policies and procedures, and also discusswith your School Improvement Partner or HR Business Partner or Advisor.

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Contingency workers and contractors

61.What should we do about pay for agency workers?

If the agency worker is able to continue working then they should be paid as normal under the termsand conditions of their assignment from existing financial budgets. Agency staff may work fromhome if possible, in line with the arrangements for the rest of the workforce.

Where an agency worker’s normal work is not available, consideration should be given toredeploying them to alternative critical work of a similar type to that for which they were engaged, orasking them to volunteer for other work, in the same way that we would for a direct employee.

The agency worker must contact their agency regarding any Covid-19 related absence, such assickness absence, self-isolation, or special leave requests.

62.What happens if the agency workers contract ends?

Where an agency worker’s contract reaches its expected conclusion (e.g. where a project hascompleted / will not proceed) for a reason that is unrelated to COVID-19 the contract would end aswould otherwise be the case. Headteachers should be very clear that this end would have happenedwithout the COVID-19 pandemic before ending assignments in this way as a challenge from theworker is to be expected. Headteachers should however ensure that they do actually end contractsthat were due to come to a natural end. The agency worker should then be referred to their agency.

63.In the event of the full or partial closure of a school, does an agency workerremain entitled to be paid if other employees continue to be paid even if they are notworking from home?

Whether they will remain entitled to be paid through their agency will depend first on whether theyare entitled to be paid under the Agency Worker Regulations 2010.

Broadly speaking, those Regulations give agency workers the right to equal treatment in terms of“basic working and employment conditions”, as if they had been employed directly by the hirer to dothe same job.

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HR guidance for headteachers in schools and educational settings during the coronavirus pandemic

In many cases this means that agency workers will be entitled to the same rate of pay as acomparable employee, so if a comparable employee is being paid during the workplace closureperiod, then the agency worker may be entitled to be paid. This normally applies to a worker afterthe 12 weeks qualifying period but in line with Hackney Council, we advise that the school waive thisand apply it from the first day a worker starts an assignment.

Any entitlement under the Regulations will apply only for the length of the assignment.

64. What are the pay arrangements for casual/sessional/zero hours employees? Arewe going to get paid if our usual work is not required?

If these workers continue to be provided with work they should be paid as normal under the terms oftheir contracts.

If their usual work is not available, the worker may be redeployed to other duties as required.

If this is not possible and the worker may no longer be required, please contact your HR BusinessPartner / Advisor for further guidance on whether a formal process will be needed before planning tohave these discussions with staff.

65.Can we ask external contractors what provision they have put in place to reducethe risk to their staff and school staff on school premises?

We recommend that you request details of the measures external contractors have put in place fortheir staff on your premises. Headteachers need to ensure that any provisions they make are to theirapproval and in line with the control measures of the setting. It is imperative that these discussionsare had to ensure that all parties on the school site, regardless of employer, are strictly followingmeasures to reduce risks.

Please request details of any risk assessments for the whole service carried out by the externalcontractor and raise any concerns with them. This is important as if anything happens to a worker inschool as a result of the third party contractors failures, both the school and the third party could benamed in any personal injury claims.

DBS checks

66.Are there any changes to the DBS process?

Changes to reflect Right to Work rules

The DBS has published a number of changes to the DBS identity checking guidance to reflect thechanges to Right to Work rules. The new identity checking guidance takes effect from 1st July 2021and the Online DBS system will be updated on this date to reflect the changes.

All ID Routes are unchanged, but the question which asked, ‘Is the applicant an UK/EEA National’has changed to ‘Is the applicant a United Kingdom National’.

Additionally, 'Group 1a' has been renamed 'Group 1a: Primary' and three new ID documents havebeen added to this group.

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HR guidance for headteachers in schools and educational settings during the coronavirus pandemic

The flowchart and guidance on our DBS Documentary Evidence Sheet was updated on 1 July.

Verification of ID documents

At the start of the Covid-19 Pandemic, the DBS relaxed their rules so that verification of identitydocuments could be done over video link. This guidance has also been updated to:

When checking the validity of the documents it is best practice to carry out this examinationface-to-face. Other alternative methods include via a live video link, for example Skype andFaceTime. In both cases you must be in physical possession of the original documents. Anyrisks identified when using live video must be assessed and mitigated by you if implementing thispractice. You must not rely on the inspection of the documents via a live video link, or by checking afaxed or scanned copy of the document.

Further information

You can view full guidance about the changes on the Government DBS website or refer any queriesto the Hackney Education DBS Team (hackneyeducation.dbs@hackney.gov.uk).

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HR guidance for headteachers in schools and educational settings during the coronavirus pandemic

HR ProcessesCasework can continue and HR will need to work closely with schools and Unions to adaptour working practices where necessary, including how meetings are held to reduce the riskof transmission of COVID-19.

Organisational change – restructures

Organisational Change / Restructures can be carried out but headteachers need to be mindful of thefact that some members of staff may feel anxious about this, particularly if they are working fromhome and therefore, headteacher should take extra care to ensure that full flow of information isunderstood and communication channels are maintained with all employees directly affected duringthe consultation period..

When group consultation meetings are being held, these must be done in line with social distancingguidelines.

Please refer to the Good Practice On Restructures During the Coronavirus Pandemic for furtherguidance.

Disciplinary, capability, formal sickness and grievanceprocedures

HR will continue to support Headteachers and managers with casework either in person or virtually.Please note, in some cases it is likely that timescales and investigations will take longer than usualand urgent issues should be prioritised.

RecruitmentRecruitment can continue as usual. There may be practical difficulties arranging interviews andassessment. Where practicable, alternative tools can be used to interview staff if essential.

It may also be helpful to direct governing bodies to NGA's current guidance on managing the headteacher recruitment process in the current situation.

Temporary changes to right to work checks during the coronavirus pandemic

The temporary changes that were put in place to allow employers to carry out right to work checksonline due to the COVID-19 pandemic were due to end in April. However, the Government hasannounced that the temporary adjustments to right to work checks has now been extended to 30September 2022 (inclusive).

Further guidance is available here

Voluntary Aided Schools, Free Schools and AcademiesPlease refer to your Leave policies and Sickness Absence schemes.

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HR guidance for headteachers in schools and educational settings during the coronavirus pandemic

Further informationAdditional information can be accessed as stated below:

Hackney Education HR guidance● Wellbeing Guidance for School Staff

Government advice● Full list of guidance: Guidance for schools: coronavirus (COVID-19)

Please also see the Schools bulletin for the full list of government guidance.

Local Government Associationhttps://www.local.gov.uk/coronavirus-information-councils

London Diocesan Board of Schoolswww.ldbs.co.uk/coronavirus

DfE Coronavirus helpline0800 046 8687 (8am-6pm Monday to Friday)

If you wish to discuss matters further please do not hesitate to contact your HR BusinessPartner/Advisor.

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