0370 270 6000

Deductions for strike action at the rate of one working day

22 May 2015

An employer does not have to pay employees who strike for those periods they are not working. So, how much pay should be deducted?

The Court of Appeal decided that, where an employee takes part in a one-day strike, the employer is entitled to withhold one working day's pay rather than one calendar day where working days are defined in the employment contract.

This case involved college teachers who had gone on strike. The teachers’ working days were Monday to Friday according to their contracts. The employer deducted one day’s pay at a rate of 1/260 of salary (5 days per week x 52 weeks per year). The teachers argued that the rate should have been 1/365 of salary (one calendar day). The court dismissed this and confirmed that the correct rate was 1/260.

This is helpful for employers, as calculations based on working days (as specified in a contract of employment) arguably better reflects the working time that has been lost due to strikes.

Related opinions

The role of benchmarking in setting pay in schools

The use of salary benchmarking data is common place in most sectors in the UK and it’s great to see that CST’s salary survey for school trusts is growing with a higher number of participating organisations and included job roles. This years’ survey includes over 2000 job roles and 147 participating organisations.

View blog

How does the UK Education Sector fare amidst the energy crisis?

The world is currently living through one of the most significant global energy crises that has been seen in modern times, with energy prices and bills soaring at an unprecedented rate. With the added pressures of the Russian invasion of Ukraine and the slowdown in China’s economy, these soaring energy prices are continuing to strangle the global economy.

View blog

Grammar schools revisited?

The words “Grammar schools” are once again being whispered in government and the question of whether the creation of new grammar schools will finally be implemented as a central focus to DFE policy has re-surfaced.

View blog

Why you shouldn’t buy a dragon with school budget

As a result of a recent Charity Commission legal action, the former trustee of a Welsh charity was ordered to pay over £117,000 to Wrexham charities which support cancer patients.

View blog

Mailing list sign up

Select which mailings you would like to receive from us.

Sign up