Management Information Sheet

Schools COVID-19 Operational Guidance updated on 6 July applies until Step 4 of the government's roadmap, when current restrictions will change. Actions for schools from Step 4 has also now been issued.

Q1 What changes apply from 19 July when we are in Step 4 of the roadmap?

The final stage of social restrictions will be lifted from 19 July 2021. This means the limits on social contact and gatherings will end, face coverings will no longer be legally required in shops, schools, hospitality or public transport and the guidance to work from home where possible ends. However, schools will need to continue with some infection control measures in their day to day operations.

Q2 I have staff members who want to carry on working from home, do I have to allow them to?

Once in Stage 4 of the roadmap, the "work from home where possible" message no longer applies. Employers will likely find that some people will make a flexible working request to carry on working from home or to work in a hybrid way. Each case will need to be considered under the school's flexible working policy.

Q3 Can I make it clear to new recruits that the post is based at school and cannot be done from home?

You can specify the work base at each stage of the recruitment process but an individual in employment still has the right to request flexible working, which might include working from home.

Q4 What changes to self-isolation are intended from 16 August ?

From 16 August, self- isolation is ending for adults who have been identified as a close contact and are fully vaccinated. Only those who test positive for COVID will have to self-isolate.

NHS Test and Trace will notify the individual of their contact and ask if they are fully vaccinated . If they are, they are advised to take one PCR test. If that test is negative, and they don't have any symptoms, they do not need to isolate or take further tests.

If they test positive or develop symptoms, they must self-isolate even if they have are fully vaccinated.

Q5. What about those aged under 18 - will they have to self-isolate?

No - from 16 August, under 18-year-olds will not have to self-isolate if they have been in contact with someone who has tested positive. Children will be contacted by NHS Test and Trace if they have been in contact with someone who has tested positive and advised to take a PCR test but will only have to self-isolate if positive or they develop symptoms.

Q6 Can I ask staff if they have had both COVID jabs?

There are many factors to consider before checking someone's COVID status - this includes the employment setting the employment contract, privacy rights and data protection.

You may ask someone, but it is sensitive information and you must have a specific reason for requesting this information . This information is "special category data" (relating to employees' health) under GDPR. Under GDPR, there must be a legal basis for processing such "special category data". Some settings in the health and care sector could justify collecting such information (the government has announced plans to make vaccination mandatory in these settings) but other settings would have to consider carefully the reason for collecting the information, and ensure that staff do not suffer any disadvantage as a result of it being collected.

Q7 Can I require staff to be vaccinated?

Employers can ask and encourage staff to participate in the vaccination programme, but they do not have ability to make it mandatory. The Government intends to make it mandatory for those working in adult social care settings to be fully vaccinated, so there will be a legal basis for these employers to require staff to be vaccinated. That does not extend to schools.

Q8 Do staff who opt not to be vaccinated and then have to self-isolate because they have been in contact with a confirmed case still get paid?

Yes, if staff have to self-isolate because they are not vaccinated and have been contacted by NHS Test and Trace because of contact with a confirmed case, they are legally required to self-isolate.

Q9. What should I do about staff who are clinically extremely vulnerable (CEV)?

CEV people are at higher risk of severe illness from coronavirus. They have not been advised to shield from 01/04/2021 and the updated advice is for this group to continue to take extra precautions to protect themselves. Current guidance (in place until Step 4) says they should work from home where possible but can be in the workplace if not possible. Guidance from 19/07/2021 states that there is no instruction from the government to work from home but that employers must have measures in place to keep staff safe at work. You should therefore review your individual risk assessments with your CEV staff to make sure they reflect any changes to the way you are working after Step 4.

Q10 What about pregnant staff?

All pregnant staff should have an individual risk assessment and continue working only if the risk assessment advises it is safe to do so. Government advice has not yet changed for Step 4 and says that those under 28 weeks pregnant can be in work where the risks are managed. For those over 28 weeks pregnant, the risk of more severe illness to the individual and the baby is higher and government advice is that these staff "should take a more precautionary approach" and this "may require working flexibly from home." The employer will need to consider the risks and what is in place for the "more precautionary" approach.

Q11 Can I still claim under the sickness insurance scheme for those staff who are 28 weeks pregnant and are not able to be in the workplace?

For those schools who buy in to the Sickness Insurance Scheme, the situation remains the same - if the member of staff is not able to attend school and is being replaced (so additional cost is incurred), then the school can continue to claim.

Q12 Do we know what the response will be from unions to changes planned from Step 4?

Early (and general) indications are:

• Risk assessments must be updated and responsive to changes in school, and advice from public health and government.
• Individuals should not be penalised for not being vaccinated or having to self-isolate.
• Wearing of face masks - some unions are requesting the continued use of face masks in classrooms and communal areas and to allow individuals to carry on wearing a face mask if they wish.
• Some concern about the ending of bubbles now, and the challenge of reintroducing if required.
• Staff must be able to have their phones available to them at all times in order to be contactable by NHS Test and Trace.