The government has been warned over the possibility of legal action if it fails to protect teachers during Covid-19.

The warning is contained in a letter to education secretary Gavin Wiliamson from the teaching union NASUWT, which raises concerns about what it sees as inadequate safety measures in schools during the pandemic.

It says funding shortages are forcing schools to make “critical decisions” on areas such as cleaning and PPE, “on the basis of cost rather than health and safety considerations”.

The letter ends with a reminder that union members have legal rights “in the context of a tortious claim for breach of duty of care and personal injury due to foreseeable risk, and any other legal recourse available”.

The NASUWT is “putting the government on notice”, the letter says.

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In the letter, Patrick Roach, NASUWT general secretary, urges the government to address issues raised by members, including:

• lack of additional funding for schools;
• depletion of staffing numbers in schools, resulting in serious operational difficulties for schools in maintaining safe working practices at all times; 
• heightened risks to health for vulnerable teachers (including teachers who are otherwise categorised as clinically extremely vulnerable, pregnant teachers, older teachers, disabled teachers and teachers from particular BAME backgrounds);
• lack of social distancing within schools, absence of PPE and other effective non pharmaceutical interventions; 
• the failure of the test and trace system to keep up with the demands on it.  

The letter blames these issues on a series of government’s decisions.

For example, it accuses the DfE of failing “to take proper regard of the practical and logistical challenges within schools to meet the government’s demands for Covid safe working practice, to fail to provide robust guidance and implement appropriate measures to ensure compliance across all schools.
 
Dr Roach added in the letter: “We also seek confirmation from you that you have obtained assurances that the implementation by schools of your decisions on the reopening of schools are not in breach of schools’ legal obligations relating to health and safety, employment or equalities.” 

 A survey of 929 teachers run by the union at the beginning of September shows that many safety measures are still not in place: for example, a third of teachers reported not having access to soap and water.

A DfE spokesperson said: “Schools have implemented a range of protective measures, based on the Public Health England endorsed ‘system of controls’, which create an inherently safer system to minimise the risks of transmission.

“This includes reducing mixing and distancing where possible, including by staggering break and lunch times, as well as increasing the frequency of cleaning and handwashing.

“Figures show that on 10 September 99.9% of state-funded schools were open to pupils, and we will continue to work closely with schools to ensure all appropriate steps are taken to keep pupils and staff safe.”