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Teacher strikes

Penelope Walshe

| 0 Posts

19 Jan, 2023 08:29

Good morning all

I understand that Teachers are not required to inform schools if they are planning to strike, but we would like to ask ours.

Does anyone have any examples of nice wording they have used in the past?

Many thanks

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  • Kim

    | 0 Posts

    31 Jan, 2023 14:17

    In reply to Ann Simpson:

    Hi Ann, she is a teacher so I would say yes.
  • Steve Bridger

    | 0 Posts

    Community Manager

    31 Jan, 2023 14:36

    In reply to Kim:

    Hi Kim... hope this is OK, but I have 'merged' your post (and replies) to thsi pre-existing discussion. Trying to keep all in one place for now.
  • Ann Simpson

    | 0 Posts

    31 Jan, 2023 17:46

    In reply to Kim:

    In which case, she can legitimately participate in the industrial action (as she doesn't need to be a union member, given that the union covers all staff in that group - members and non members eg. if union & organisation agree a pay rise for all staff in particular grouping, it is applied to all, not just those who are union members). What she doesn't have to do is declare her intention to strike in advance. What she does have to do after the strike date(s), if she participates, is respond to a reasonable request for her to declare whether she participated in strike action or not, for the purposes of allowing the employer to apply its pay withholding provisions for industrial action (assuming that these provisions have been communicated to all in advance of the first strike date). Basically, if she participates in strike action, she is entitled to do so (union member or not), but she is also obliged to declare her participation after the event, and in the same way as any other staff on strike, pay withholding is applied by the organisation. Sorry if that's a bit garbled but hope it makes sense. I wouldn't go near anything disciplinary-related in this context.
  • Kim

    | 0 Posts

    31 Jan, 2023 18:30

    [deleted]
  • Clare

    | 0 Posts

    31 Jan, 2023 18:30

    In reply to Kim:

    Hi Kim, this link to GOV. UK may answer your question which states:
    "Non-union staff and striking
    If non-union members go on strike, they are protected from dismissal and have the same rights as union members, as long as the industrial action is lawful."

    www.gov.uk/.../nonunion-employees-and-strikes.
  • David Perry

    | 0 Posts

    31 Jan, 2023 18:58

    In reply to Kim:

    Any one can withdraw their labour, or strike. Nor do you have to tell your employer. Although it might be a good idea. The fact they are not in a union doesn't really make any difference. Trying to discipline her will only make matters far worse.
  • Kotryna

    | 0 Posts

    1 Feb, 2023 08:26

    In reply to Ann Simpson:

    Hi,

    The schools should be sympathetic and understanding because people are striking as a last resort.

    From faqs
    This Government advice states that those who are not a member of a trade union and “who take part in legal, official industrial action have the same rights as union members not to be dismissed as a result of taking action.”

    I would not recommend taking any disciplinary actions. This is the wrong battle to fight.
  • Kim

    | 0 Posts

    1 Feb, 2023 08:59

    In reply to Clare:

    Hi Clare, thanks for your reply, no it doesn't help, i'm already aware of this. I'm not talking about dismissal, that would be drastic, i'm talking about a management note of guidance to reiterate school policies and procedures...taking a day off work without reporting as sick, requesting LOA etc. I think I saw something from one of the unions which basically said technically employers can still discipline in these instances but I cannot find any clear guidance.
  • Kim

    | 0 Posts

    1 Feb, 2023 08:59

    In reply to David Perry:

    Hi David, i'm looking for actual hard guidance or case law - do you have any? It might make matters worse but what i'm trying to determine is, is it permissable? Thanks
  • David

    | 0 Posts

    1 Feb, 2023 10:07

    In reply to Kim:

    Hi Kim

    The case of Mercer v Alternative Future Group Ltd is authority for action short of dismissal being not necessarily unlawful against an individual striker even in case otherwise lawful strike action. Subject to usual need to treat employees reasonably it seems to me that employers are free to eg remind employees who fail to turn up for work of their obligation to notify employer as to reasons why.
  • Kim

    | 0 Posts

    1 Feb, 2023 10:08

    In reply to Steve Bridger:

    Hi Steve,
    Thanks but posts often get missed when merged with others, I would prefer it to be a standalone post. Thanks
  • Kim

    | 0 Posts

    1 Feb, 2023 10:09

    In reply to David:

    Yes, I thought exactly this. Thanks David!
  • David Perry

    | 0 Posts

    1 Feb, 2023 11:40

    In reply to Kim:

    Other than what the other David's posted, which I have no knowledge of I just reiterate what I said earlier. You might just make the situation worse. Sort of pouring fat on a fire thing.

    And if I was that individual and you gave me a warning aka a note of advice, I'd either join the union or tell as many of my fellow union members as possible that I have been singled out.

    In effect you are taking action against her for NOT being a union member, which I find particularly perverse.

    PS I have absolutely no idea how militant this union is, but my advice is given from personal experience of having participated in a number of strikes in the 70's and having spent some time as a shop steward.
  • Kim

    | 0 Posts

    1 Feb, 2023 11:47

    In reply to David Perry:

    Thanks David, as mentioned more looking for case law and hard guidance. We aren't looking at issuing a warning, but a note of guidance, which is not the same. We also wouldn't be singleing her out as she would be the only person not turning up for work without a reason. If you read the case law provided it's actaully quite informative and quite comparative in the fact that if she didn't turn up for work, as she has not notified us that she is striking, we would be questioning whether she was off work due to industrial action. This is permissable, and would fall under action short of dismissal, which isn't protected as demonstrated under case law. That said, the individual turned up for her teaching duties as usual today, as our school has managed to stay open! Crisis averted, but better to be prepared I say .
  • David

    | 0 Posts

    1 Feb, 2023 17:24

    In reply to Kim:

    Forgive me if this is naive, but seems the union to which the striking teachers belong was advising its members that they were not obliged to advise head teachers etc in advance of their non-attendance at school through strike action.

    So, if head teachers decide to close their schools completely, how do they differentiate between staff who'd decided to support the strike and wouldn't have turned up for work had the school been open and all the others who'd have turned up for work if the school hadn't been closed.

    The actual strikers in usual circumstances would lose a day's pay and associated pension contributions etc whereas those not on strike were available for work had any been made available so shouldn't lose pay.

    But unless a list of actual individual strikers gets put together, how can this happen?

    Can anyone eg more in the midst of all this perhaps enlighten me?