Heating problems
The NEU does not expect its members to continue to work in situations in which the legal requirements concerning the health, safety and welfare of employees and others are not being met.
In dealing with heating problems, reference may be made to regulation 7 of the Health and Safety at Work etc Act 1974 which places a statutory duty upon employees to take reasonable care for the health and safety of themselves and others. This duty may require teachers to withdraw themselves and their pupils from situations in which the physical conditions may affect the health and safety of themselves and their pupils.
The type of heating problems occurring in school usually fall into one of three categories:
- longstanding faults
- temporary faults, which may or may not be capable of being remedied quickly
- problems caused by policies on operation of heating systems.
In general, the employer remains responsible for providing funds for replacement of heating systems which have reached the end of their useful life and for emergency replacement of heating systems. Under local management, funding for general maintenance of heating systems, including replacement of defective parts, forms part of schools’ delegated budgets.
Nevertheless, employers retain legal responsibility for the health and safety of employees and others on the premises such as pupils, and also retain the power to arrange for work to be carried out in schools which is necessary for health and safety reasons, and to charge schools’ delegated budgets accordingly.
Head teachers are responsible for the internal organisation and management of schools. They have the power to act in emergencies, including by deciding to close all or part of schools in the case of heating system failures. Where such decisions are taken, adequate notice of closures should be given to parents. Pupils should be given letters to parents informing them that closures will continue until adequate heating has been restored. Closing schools will not, however, usually be possible on the first day of heating failures since adequate notice to parents will not be possible.