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Ask the Union
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You will need to talk to your head teacher or line manager about where and when you will be able to express milk. Give them as much notice as you can so they can make suitable arrangements. During the morning and lunch breaks would be the obvious times.
It would be reasonable for you to be excused break duties until you have stopped breastfeeding.
The charity ‘Maternity Action’ has produced a helpful information sheet, Continuing to breastfeed on return to work, which is available from www.maternityaction.org.uk/breastfeedingrights.html.
Q I’ve been working at my current school for nearly a year and a half. I’ve read recently that the qualifying period for legal protection against unfair dismissal has changed from one to two years. Does that mean I’m currently not protected from unfair dismissal?
No, it doesn’t. It is true that teachers whose period of continuous employment began on or after 6 April 2012 must now have at least two years’ continuous employment to bring a claim for unfair dismissal. This won’t affect you, as your period of continuous employment began before this April. The previous one- year qualifying period will continue to apply to you.
The date on which continuous employment began will, however, be key for teachers whose employment on a series of separate contracts (for example, supply teachers) straddles 6 April and those who are able to assert continuity of employment despite working at different schools or workplaces.
Teachers in doubt about the effect of the new qualifying period on their employment rights can seek advice from their local NUT secretary or NUT regional/Wales office.
Q Are there any regulations prescribing maximum workplace temperatures?
A There are no specific legal maximum temperatures in the workplace. The Health and Safety at Work Act 1974 requires employers to ensure the health, safety and welfare of their staff and others present in the workplace (for example, pupils). This means they need to protect against excessive heat.
Furthermore, the Workplace (Health, Safety and Welfare) Regulations 1992 require employers to ensure that temperatures in workplaces should be ‘reasonable’, though a maximum reasonable temperature is not specified.
A 2007 NUT conference resolution called for a maximum working temperature of 26°C for anything other than very short periods.
Very high temperatures can affect the ability of teachers and pupils to concentrate and work effectively and can cause dizziness and fainting. It is important that all schools have in place contingency plans to help staff and pupils cope with heat and that these are planned well in advance of hot weather. The following measures can help minimise discomfort:
• Installation of blinds and/or reflective film on windows
• Provision of water coolers – and allowing pupils to drink water in classrooms
• Limiting heat-generating activities, such as PE, or use of equipment, such as computers, unless effective heat extraction measures can be put in place
• Reallocation of classes to cooler rooms
• Relaxation of dress codes for staff and pupils
• Provision of fans or air conditioning
• Consideration of the needs of pregnant teachers
• Introduction of a ‘continental day’ – with appropriate notice to parents.
Find further NUT advice on coping with high temperatures at www.teachers.org.uk/node/12528
Send your questions for the NUT’s experts on legal, professional, and health and safety matters to: Ask the Union, The Teacher, NUT, Hamilton House, Mabledon Place, London WC1H 9BD or email teacher@nut.org.uk
Please note that questions relating to personal problems or specific workplace situations should be directed to your school NUT rep or division/association – find details at www.teachers.org.uk/contactus
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