Schools: Teachers have the legal right not to return to the classroom

A major teachers union has advised primary school staff not to return to classrooms on Monday due to unsafe conditions.

The National Education Union (NEU) said teachers have the legal right to defy government orders that most primaries should be reopened when the new term begins.

It comes after an embarrassing government U-turn that means all primary schools in London will remain closed as the capital battles mounting infections.

Initially, only a few London boroughs were listed, as well as a few schools in Essex, Kent, East Sussex and Milton Keynes.

The U-turn prompted two other major unions to initiate legal action to close all schools.

Most of the other primary schools in England are expected to remain open on Monday, while secondary schools will reopen in a staggered fashion, with students from the exam year returning on January 11 and others returning a week later.

The National Education Union (NEU), which represents the majority of teachers, wants all English elementary schools to move online and warned its members that it is not safe to return to classrooms on Monday.

In a statement, the union said: ‘This is a step we took with great reluctance. But this government is not protecting children, their families and our communities.

“And it is failing its duty to care for the educational staff who have worked tirelessly to care for children during this pandemic.”

The union said that while children cannot get sick from Covid-19, they can still infect others.

The statement continued: “If the government does not act to follow the science, we must.”

Minutes from a meeting between the Scientific Advisory Group for Emergencies (Sage) and ministers on December 22 revealed that members had warned that schools should be closed to reduce transmission.

Sage said that even a spring-like full lockdown would be unlikely to get the reproductive number, or R-value, below 1.

NEU Deputy Secretary General Dr. Mary Bousted said its members have “the legal right to refuse to work in unsafe conditions.”

“While we call on the government to take appropriate action, as a responsible union we cannot simply agree that the wrong government action should be implemented,” he said.

‘That is why we are doing our job as a union by informing our members that they have the legal right to refuse to work in unsafe conditions that are a danger to their health and the health of their school communities and in general.

“We are informing our members of their legal right to protection to be guided by science.”

Dr Bousted said this means teachers may be available to work from home and work with vulnerable children and those of key workers, but not to take full face-to-face classes starting Monday.

She continued: ‘We realize that this late notice is a major inconvenience to parents and principals.

“However, the fault is the work of the government itself and is the result of its inability to understand the data, its indecision and its reckless approach to its central duty: safeguarding public health.

A spokesperson for the Department of Education insisted today that it would only switch to remote learning as a last resort.

But a local authority has already said that it will challenge the government. The Brighton and Hove City Council has advised primary schools to delay reopening and teach remotely until January 18 due to rising Covid-19 rates.

Meanwhile, the National Association of Teachers Principals (NAHT) union, along with the Association of School and University Leaders, has said it is taking preliminary steps in legal proceedings.

The legal action covers a variety of topics including “the scientific advice on which the government relies” as well as proposals for testing in schools.

NAHT general secretary Paul Whiteman said the union has asked the government to “share the evidence” behind the mandatory mass testing to get high schools open, regional differences and “the distinctions between elementary schools and high schools. high schools”.

“In much of the country, control of the infection has been lost and the lack of understanding about the new strain has created an intolerable risk for many school communities,” he said.

The union said it is now awaiting a response from the government.

Ministers face increasing pressure to keep schools closed amid a record of daily infections, and other unions are joining the calls.

NASUWT union general secretary Dr. Patrick Roach called for an immediate national move toward remote education due to security concerns.

He said: “The NASUWT will not hesitate to take appropriate measures to protect members whose safety is put at risk as a result of the failure of employers or the government to ensure safe working conditions in schools and universities.”

Unison’s director of education, Jon Richards, also called for a delay in opening schools.

Richards said: “Ministers have had weeks to get this right rather than leaving parents, staff and entire communities confused.

“The union is clear that members who work in schools have the right to a safe work environment. They shouldn’t have to work where they face serious and imminent danger. ‘

On Saturday night, a spokesman for the Department of Education said schools “will continue to implement adequate safety measures to help mitigate the risk of transmission.”

The spokesperson added: “As we have said, we will move to remote education as a last resort, with the involvement of public health officials, in areas where infection and pressures on the NHS are highest.”

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