strikes planned for 30 November – is your school prepared?
8 November 2011
Around three million workers, including teachers, are being
balloted for strike action on 30 November in protest over the
Government’s plans to increase public workers’ pension
contributions. The Government’s latest proposals have sparked
negotiations but it seems unlikely that the issue will be resolved
to the satisfaction of unions prior to the planned strike day.
Inevitably it is in the interests of pupils for schools to
remain open. However the impact that this may have on health and
safety, if there are not enough teachers to cover classes, is a key
concern for governors and head teachers.
Unions must inform schools by 23 November whether or not
industrial action will take place. This will give schools a week to
decide what to do. A contingency plan is essential. Schools need to
have a clear understanding of the law and the effect of the
industrial action on the employment relationship.
School leaders should start thinking now about what they plan to
do in the event of the strike going ahead. It may be wise for head
teachers to issue a guidance note to all staff (and a separate one
to parents) outlining the school’s expectations for striking and
non-striking staff on 30 November.
There are several issues that schools need to consider.
What happens about salary?
There is no obligation to pay for a day when an employee is on
strike. A day’s pay can be deducted for the normal salary for a day
in which someone is on strike.
Can I bring in agency staff?
Schools are not allowed to engage agency workers to carry out
work normally done by striking staff. You may decide to ask
non-striking staff to cover the classes of those on strike.
Non-striking staff could legitimately refuse to do anything outside
their job descriptions but most job descriptions include a degree
of flexibility which may entitle the school to ask them to
cover.
What about staff intimidating colleagues?
In normal circumstances, intimidation or abuse of staff amounts
to a disciplinary offence and it would be worth reminding staff
that this remains so during a strike. It is no excuse (as unions
often argue) that ‘feelings are running high’. Whether or not this
is the case, fellow colleagues who are not responsible for the
pensions situation should not be a target.
Picketing
Staff on strike may take part in a picket line. Pickets are
allowed to try and persuade others to take part in the industrial
action. This can be intimidating to all employees (whether they are
union members or not). Employees may refuse to cross picket lines,
in support of those on strike, or may want to cross but fear for
their safety if they do so. We recommend schools familiarise
themselves with the Code of Practice on Picketing. This sets out
key points including guidance on the number of pickets and that
pickets should not be abusive or intimidating towards those wanting
to work.
Health and safety
The duty to provide a healthy and safe environment for both
staff and students continues throughout the operation of any
industrial action. Therefore the potential impact of the strike on
the school must be assessed. Risk assessments should be reviewed
and reformulated in light of the strike action that may be taking
place at each particular school.
The obligation to provide a safe and healthy environment does
not extend to those on strike. The school’s primary consideration
should be the safety of its pupils and non-striking staff. If there
are not enough teachers to cover all classes then other options,
apart from closing for the day, should be considered (for example
closing for part of the day or asking only certain year groups to
attend).
The pensions strike is unusual in that although the dispute is
with the Government, the impact is on individual schools. This
dynamic will mean that in many cases, school leaders will have more
sympathy with those on strike than may otherwise be the case.
Despite this, there is still a difficult balance to be struck
between continuing education and ensuring a safe environment.
The content of this bulletin is provided for the purposes of
general interest and information. It contains only brief summaries
of aspects of the subject matter and does not provide comprehensive
statements of the law. It does not constitute legal advice and does
not provide a substitute for it.