Partner of ECV expected to work in school or unpaid.

[nigeldodd]

This is a question about employment of my partner. I have CLL, I was hospitalised twice recently for a respiratory condition. I am therefore on the vulnerable side of Extremely Clinically Vulnerable (which all CLL patients are).

My partner works at a primary school. She has kindly been doing the shopping etc. since March and in the previous lockdown it was acknowledged that she was the partner of somebody who was ECV and she was paid to work from home. This time, however, she is expected to go to the school but has declined and so has been put on unpaid leave.

It would be risky for her to attend school, and very risky for me - possibly fatally so, and we think it is unreasonably of the school not to pay her despite her devotion to doing all she can from home. But the hands of the school are tied.

The school has referred the matter up to Gloucestershire Schools Partnership and Gloucestershire Association of Primary Headteachers. Their view is that my partner should work at the school. They are administrators, not epidemiologists.

With the new B117 variant, the diktat that now any child without a laptop can attend school and the total lack of PPE in schools, there are many reasons for my partner to stay at home, especially given my vulnerable state. But it seems there is no provision for such cases.

[Eucalyptus22]

Is your partner a member of teaching or non teaching staff? Is the Gloucestershire Partnership a Multi Academy Trust. Is your partner in an educational union. Questions but not answers. I am chair of governors of a primary academy, so trying to get some answers for you but need more specific information to do that.The problem this time seems to stem from the DfE saying schools are safe places and appropriate risk assessments should be done for ECV staff.

You mention shopping. Do you get priority online deliveries from supermarkets as you are entitled to?

[nigeldodd in reply to Eucalyptus22]

Thanks, Eucalyptus22. To answer your question, she is non teaching staff (teaching assistant), is not in a union and The Gloucestershire Schools Partnership is not a Multi Academy Trust.

The DfE saying schools are safe is a political assertion rather than an evidence based epidemiological conclusion. They are not safe, the B117 variant is thought to be less age sensitive and children can be vectors and asymptomatic vectors. The teaching staff may not wear PPE in the classroom and are not socially distanced.

No adequate testing is implemented.

ECV staff have been allowed to work from home on a paid basis.

Risk assessments are limited to the fist person, a travesty of the whole concept of epidemiology. We don't exist in isolation.

[Eucalyptus22 in reply to nigeldodd]

Hi Nigeldodd. You and your partner are caught in a political decision to close schools due to rapidly rising numbers yet we know the reality that schools are not closed. You are certainly right that DfE have declared schools safe when we know the reality is a different picture. I've spoken to my Principal and like many schools there are challenges delivering pupil outcomes in current climate due to having so many pupils on site as well as online. In some local schools they have so many staff off with the virus or isolating there aren't enough staff to teach the numbers of pupils attending, in many cases up to 80% of pupils in school. We are hearing stories of schools playing hardball because they don't have the money to pay staff to stay home and pay for substitutes. I think your partner is in that situation. However, school would be expected to risk assess your partner under duty of care and try to find a way for her to work at least some of the time from home. Its worth noting that we have the same problem in my school and that particular member of staff is now off sick with stress!

Its a very difficult situation but I doubt if there is any option for you and your partner other than what you are doing. The Teachers Union is highlighting this problem now so they may bring pressure.

Sorry can't be more helpful. Personally speaking your safety comes first.

[stewie in reply to nigeldodd]

I know how you feel I work in the NHS but off shielding but my wife who is an IV nurse is working going round patients houses and popping in to the acute hospital at times , we did enquirie about my condition but it did not have a bearing at all , my wife was still expected to work as she is a nurse and that's with the NHS I just have to hope we don't get this virus , but do challenge this you have nothing to loose.All the best and stay safe

Stewie

[Poodle2]

She needs to contact her unions asap. Use section 44 of the employment act 1996, her union rep should be able to give her a template and support her with this. Totally unacceptable, she can work - but from home - as her work place is not safe.

[nigeldodd in reply to Poodle2]

Thanks to Poodle2, stewie and Eucalyptus22. Yes, we are caught up in a politically, rather than epidemiologically, driven situation. Schools are not closed.

I had a brief look at Section 44 of the Employment Act last night, but of course it was not drawn up to be relevant to the current situation and so only appears to cover the employee herself.

Or am I wrong?

[Hm15]

I am the partner of a CLL patient and have carefully read the guidance. Basically partners should be socially distancing from the CEV person inside their own house ie staying 2 meters from them etc.

It’s a horrible situation.

[nigeldodd in reply to Hm15]

Not practical, or effective. The distancing needs to be done at the place of work, or alternative effective measures. Unfortunately the guidance for schools is insufficient to guarantee safety.

[nigeldodd]

I cannot accept that partners should be required to social distance from one another at home in order to fulfill outdated employment legislation. It is impractical and ineffective since social distancing when indoors for protracted periods confers little infection barrier. She has decided to take unpaid leave. I will pay her salary if she will let me.