Industrial Action Advice

 

We believe that those involved in education and childcare should make the best interests of children and students their first priority. Voice is respected for resolving problems by negotiation, not conflict. We do not undertake industrial action because we recognise its negativity and the damage caused to the interests of those for whom our members are responsible.

This gives our Cardinal Rule: ‘Members shall not go on strike in any circumstances.’ This applies to all members. Strike action includes any kind of industrial action.

If you would normally work on the day(s) of a strike, tell your manager in writing in advance that you are available for work**.  Make sure that you know in advance of any special arrangements that may be made (eg some buildings may be closed).  If the employer closes the whole workplace, you still need to make it clear in writing that you are available for work and not on strike.

If you make your employer aware that you are available for work and intend to work in line with the terms and conditions of your contract, you should be paid.  Failure to pay you in such circumstances would be a breach of contract and you should contact Voice for advice. 

Members should undertake their own work as reasonably instructed by their head teacher or line manager. ‘Own work’ includes contractual duties and any non-contractual duties members would normally undertake. During industrial action by others, members can be directed to undertake some extra duties, but that direction must be reasonable. This includes support staff, who should continue with their own duties and not cover classes for a teacher who is on strike.

DfE advice to heads and governors in maintained schools and academies states:

"Where teachers are employed under the School Teachers Pay and Conditions document, they cannot be compelled to provide cover for other teachers, unless the circumstances are unforeseen. Provisions within teachers’ terms and conditions, such as ‘rarely cover’, do not, however, prevent head teachers from asking other teachers to cover the classes of those taking industrial action."

You need to make a determined attempt to get to work.  Where possible go into work with a colleague.  Walk past any lawful picket line.  It is better not to engage in any discussion or argument at this point.  There will be better opportunities for discussion if you want them.  In the unlikely event of an intimidatory picket, that may be unlawful, back off and telephone your employer for instructions.  Your employer should assist you; and will give further help and advice on request. 

Colleagues on strike are permitted to peacefully picket their workplace but not another workplace. The key word is "peaceful". It is acceptable for pickets to try and convince colleagues not to cross the picket line and they are entitled to expect non-striking colleagues to stop and listen to their views. But pickets are not entitled to obstruct another employee's entry to their place of work and the picketing must not involve any breach of the civil law such as trespass or nuisance. 

If a Voice member has made a reasonable effort to cross a picket line but was unable to do so we would expect the employer to decide not to treat their absence as industrial action.

Health and Safety law and school, college and nursery procedures and policies continue to apply.  If you are concerned about your health and safety or that of the children at your workplace, contact Voice immediately for advice.

While we do not take industrial action, we respect the right of others to do so. Members should therefore not take up the duties laid down by their colleagues unless circumstances are so special that individual consciences dictate otherwise. Examples might include where the safety of children was jeopardised through industrial action taken by others,  or where late action had prevented management arranging for replacement staff so necessitating the cancellation of a national examination. 

Do not remain on the premises alone or in very small numbers if your colleagues withdraw if, on the grounds of health and safety, this would be unwise.  Write to your line manager to say that you are available to undertake any tasks that are appropriate and possible, taking into account the exceptional circumstances, and that you would be happy to undertake appropriate duties in a safe environment.   


** Letter to use to inform your headteacher/manager/employer of your position in relation to any strike which may occur

Dear 

Industrial Action on [date]

I am writing on the advice of my union, Voice, to confirm that I will not be participating in the industrial action on [date]. Consequently I am available for work in line with the terms and conditions of my own contract and I understand that I can be directed to undertake some extra duties if that direction is a reasonable one in all the circumstances. 

I need to add that I am not prepared to undertake the work of colleagues on strike because I respect their democratic right to take industrial action.  Nor am I prepared to work in conditions that could place the health and safety of pupils, or my own health and safety, at risk. 

I trust this letter will inform your planning for [date of action] and I welcome the opportunity to discuss arrangements that affect me if you consider that helpful. 

Yours sincerely 

 

{Your Name}


Further information:

www.voicetheunion.org.uk/action