Thank you Max68 for your advice. I have emailed my union again this morning and am awaiting their contact.
I have followed your plight through your emails and while your situation is slightly different to my own, I can see a lot of similarities.
I am still baffled why the government and my LA are so against the wearing of face masks in primary schools particularly if the wearer is a vulnerable person and wearing an FFP2 face mask which does offer the wearer protection. The argument that this will somehow upset others does not resonate with me as children now see face masks in many everyday situations. I do understand some with learning disabilities might not understand but the children I work with may ask why I am wearing it. As I’m not ashamed to tell them I am diabetic and need to-as I did with my visor-and those that did ask accepted that.
My stress and anxiety levels are sky high and I feel like I’m banging my head against a wall because of the lack of any logic in the authorities argument.
I fear, eventually, my only option will be to resign as in your case. A grossly unfair situation to find yourself in when all you are asking for is the same protection as every other indoor environment.
I would call your Union rather than email as they can be delayed in getting back to you. I would call and be proactive and insist that they help as after all I suspect you pay a premium to be a member.
I don't want to overload you with information as it's down to your Union to do that but two pieces of guidance I have found for you.
From the Joint Union Coronavirus Checklist for Schools.
"Legal obligations on risk assessment for individuals The DfE guidance documents emphasise that employers must comply with health and safety law, which requires them to undertake risk assessments and put in place proportionate control measures and keep them under review. This includes assessing the individual circumstances for each employee before requiring them to attend the workplace. These circumstances include the individual’s own health conditions, alongside any other circumstances which place them at higher risk for other reasons. The degree to which individuals are at risk is affected by their underlying health and also very significantly by age, ethnicity, sex, and other circumstances described in this guidance."
Advice from a Union, not mine, but possibly yours. I have replaced the Union name with just "union" in case it goes against what I can place on here with regard to individual companies etc.
"The “Union” believes that, while the DfE advice remains in place, any students or members of 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. This reflects the Health and Safety Executive’s advice that if staff choose to wear face coverings, this should be supported by employers. Should any head teacher seek to prevent the wearing of face coverings, the “Union” will support members who wish to secure a reversal of that position."
You have rights in this situation. My resignation is slightly different as to be fair my school did everything within the guidelines to keep me safe with regard to those guidelines. It was my decision that those guidelines don't go far enough, but that's not a criticism of the school, merely the guidelines themselves. For instance if you worked in a shop the Government would now be telling you that you have to wear a mask, whether you want to or not, but schools are different. Why you may ask? It doesn't make sense does it? No it doesn't
BUT as I have said before, and these aren't my words but my Unions, the bar for a level of safety in schools is set lower than other businesses purely and simply because if they were set higher schools wouldn't be able to open.
It's something to discuss with your Union but IMO you could wear a mask if you choose. It's for your own safety, "and" others safety. If you got disciplined for that I suspect you could go to Tribunal. Again IMO what Tribunal is going to decide against an employee who has made a decision safety wise for themselves and others when the employer themselves has placed them and others at risk with their policy?!
Obviously no guarantees but you do need to speak to your Union as soon as possible.
