NEU Strike Action in Schools and Sixth Form Colleges

As you will be aware NEU have announced that their teacher members will be taking strike action in schools and sixth form colleges over pay and funding, starting on 1 February after teachers voted overwhelmingly for strike.

They have announced a series of days of strike action in England and Wales for teachers.

The planned dates of action that affect our area are :
 

• Wednesday 1 February (All England and Wales)
• Tuesday 28 February (Northern, North West and Humber)
• Wednesday 15 March (All England and Wales)
• Thursday 16 March (All England and Wales)

We provide below the Unison advice for working on that day, and Wirral Unison’s position if anyone feels unable to cross a picket line as a matter of conscience.

UNISON National Advice

UNISON respects the rights of other trade unions to take industrial action and supports the other unions’ strike action. We urge members to support legal protests and rallies organised by NEU that take place outside your contracted hours of work.

However, UNISON members in schools and sixth form colleges have not been balloted for strike action or action short of strike action on this occasion and are therefore advised to continue with their normal duties and responsibilities.  UNISON members should not take on any additional responsibilities being given to them directly as a result of other unions’ industrial action.

Support staff should not be expected to provide cover for, or take classes, where this would normally be done by teachers who are taking action. Staff should not be moved from the duties they would normally have carried out in order to cover work and frustrate the industrial action of colleagues. This includes any staff employed as either HLTAs or Cover Supervisors. Members who are under pressure to provide cover for striking colleagues should contact their UNISON rep, branch or region for further advice and support. Members are reminded that due to industrial relations legislation, only those employees who have been involved in a legal ballot are allowed to take industrial action.

HLTAs and Cover Supervisors

Higher Level Teaching Assistants (HLTAs) should only do ‘Specified Work’ with the support and/or supervision of a Qualified Teacher. Cover Supervisors supervise students who are working to a lesson prepared by a Qualified Teacher, usually a classroom teacher. If you are in either of these roles you should not be expected to take whole classes on the day of a strike if the teacher that normally supervises, supports or prepares your work is on strike.

DfE Guidance on Industrial Action in Schools (England only)

The DfE have updated and recirculated their guidance on industrial action in schools. The guidance is non-statutory, this means that schools are not obliged to follow the guidance.

Handling strike action in schools - GOV.UK (www.gov.uk)

The advice makes clear that for maintained schools, the decision on whether to close a school or not is the responsibility of the headteacher, and for academies it rests with the Trust. However, this decision is usually delegated to the headteacher.

The guidance is aimed at headteachers advising them on ways that they can try and keep their school open. This includes guidance on the recent government legislation allowing agency staff to cover strike action. UNISON is currently challenging the legality of this legislation and it is not accepted by many agencies. If you are aware of any instances of agency staff being brought in to cover striking colleagues, please report this to your regional office.

The guidance also suggests that schools can use some of the emergency measures introduced during the Covid pandemic to keep schools open, including asking staff to provide remote learning. We do not accept this would fall within the definition of normal work for support staff and they should not be called on to deliver remote learning on strike days.

Wirral UNISON understands that we will have members who as a matter of personal conscience, do not feel able to cross a picket line. Wirral UNISON recognises and respects that choice.

The Local Government Association website states “Where picketing takes place, employees not directly involved in the industrial action may refuse to cross picket lines. Such employees can normally be regarded as being on strike and treated accordingly. That includes in terms of pay deductions. It is also worth noting that members of trade unions which have not balloted for industrial action or which have balloted but returned a ‘no’ vote, do not have the same statutory unfair dismissal protections afforded to others going on strike”.

If, in the hopefully unlikely event that the employer does take action against someone for not crossing a picket line, then this Branch will fully support that member or steward.

We will therefore be writing to the Council, employers and Heads raising the following points and seeking agreement.

Support Staff should not be asked to undertake any additional responsibilities being given to them directly as a result of other unions’ industrial action.

Support staff should not be expected to provide cover for, or take classes, where this would normally be done by teachers who are taking action. Staff should not be moved from the duties they would normally have carried out in order to cover work, this includes any staff employed as either HLTAs or Cover Supervisors.

We are aware that DfE guidance suggests that schools can use some of the emergency measures introduced during the Covid pandemic to keep schools open, including asking staff to provide remote learning. We do not that accept this would fall within the definition of normal work for support staff and they should not be called on to deliver remote learning on strike days.

If the proposal is to keep a school open to pupils, we would want to see a risk assessment to address any health and safety issues prior to the day of the strike.

If a school is closed to pupils we do not see the need for support staff to be present on site if their normal duties allow for this.

If any support staff cannot cross a picket line as a matter of conscience, that they are not subject to any disciplinary measures other than deduction of pay etc (that is treated as if on strike).