Face coverings in schools and staff choice

From 20 January 2022, face coverings were no longer advised for pupils, staff and visitors in classrooms, and from 27 January, face coverings were no longer advised for pupils, staff and visitors in communal areas.

The current Department for Education Schools COVID-19 operational guidance (the ‘Operational Guidance’) states staff and pupils should follow wider advice on face coverings.

There may be circumstances in which face coverings are advised, the Operational Guidance states:

‘A director of public health might advise you that face coverings should temporarily be worn in communal areas or classrooms (by pupils, staff and visitors, unless exempt). You should make sure your contingency plans cover this possibility.’

In relation to those staff who were previously identified as particularly vulnerable, clinically extremely vulnerable or higher risk, the advice is to follow the Government’s guidance and for those individuals to take advice from their health professional on whether additional precautions are right for them.

In addition, and in the absence of any advice to do so, staff may choose to wear face coverings. The National Education Union’s position on this is that:

“staff who choose to wear a face covering for purposes of personal or collective reassurance should be permitted to do so. The union expects schools and colleges to respect this reasonable position.”

Schools should consider such choice on an individual basis. In each example it would be sensible to discuss the matter with the staff member concerned and establish and record all the relevant circumstances. While every situation will be different, we expect that most schools will support staff to wear face coverings where they choose to, particularly where those staff work one to one with pupils or in small groups.

If a staff member wearing a face covering impacts another staff member or pupil, for example by making it difficult for that staff member or pupil to communicate with the mask wearer, schools will need to consider these competing interests and establish whether adjustments can be made. The Operational Guidance states:

‘transparent face covering can aid communication, for example enabling lip-reading or allowing for the full visibility of facial expressions, but this should be considered alongside the comfort and breathability of a face covering that contains plastic, which may mean that the face covering is less breathable than layers of cloth’.

In these circumstances schools may need to ask those staff members wearing face coverings to wear transparent face coverings in circumstances where it assists another staff member or pupil with communication, noting that it might not always be necessary for the mask wearer to wear a transparent covering i.e. if they are not communicating with that member of staff or pupil.

For further guidance on employment issues related to the COVID-19 vaccine please contact Stone King’s Employment Law Team or your usual contact at Stone King who will allocate your query.