Management Information Sheet
NUT/ATL Strike Action - 30 June 2011
In MI Sheet 142/11, you were notified that following ballots by the National Union of Teachers (NUT) and Association of Teachers and Lectures (ATL) of their members, a one day strike will take place on 30 June 2011. This strike action represents industrial action to defend the current teachers' pension scheme.
The other teacher trade unions or support staff trade unions did not ballot for industrial action but, potentially any members of the NUT or ATL may be on strike that day, Although other groups of staff and non-members of NUT or ATL are not directly affected at this stage, any employee who chooses not to cross a picket line will be deemed to be on strike.
Although this strike is taking place nationally, we realise that there will be a different impact in Norfolk, where the 30 June is a planned non-pupil day. This is reflected in the advice set out below which does not include information that we would have normally provided around the requirement to maintain the education and other ancillary services to children.
Within that overall premise, our advice is that you identify and plan to meet your key objectives. These are likely to include requirements to:
Ensure the health and safety of employees
Ensure appropriate authority and leadership (particularly as some Headteachers and/or other senior teaching staff may well be NUT or ATL Members)
Within these key objectives, there will be an expectation that the arrangements for INSET/other work planned will still go ahead to provide the best possible support to staff, whilst recognising the potential absence of some staff members.
The expectation is that not all those called upon to strike will in fact, do so. It is quite reasonable for Headteachers/Head of Service to ask staff in advance whether they intend to strike although staff do not have to co-operate in giving this information. What I would advise is that you are not seen as pressurising staff not to take strike.
Given that this strike is due to take place on a planned non-pupil day, it is unlikely that issues will arise regarding asking staff to cover work or duties of absent colleagues. However, the general rule is that if the work is similar to that to which the absent employee normally performs, staff in attendance should only be asked to carry it out if it is genuinely critical and within their skill set and they would still have the right to refuse.
It may be that some schools had already undertaken to undertake the INSET/other work in 'twilight sessions' and therefore arrangements were already in hand to close the school on 30 June. If this is the case, colleagues in the HR Service Centre will ask you to record this in an electronic spreadsheet that you will be sent ahead of 30 June for return on 4 July. This spreadsheet, will be pre-populated with the names of your staff and in addition will ask you to indicate whether industrial action was taken and in which case, the number of hours lost. (For part-time members of staff this calculation can be found in the FAQ's - see reference below - under question 1A.)
Staff who are taking strike action are not entitled to sickness payments. Staff who have reported sick prior to the strike should receive sickness payments as normal. Headteachers/Heads of Service should take particular care to satisfy themselves that any sickness absence on the day in question is genuine and require, on this occasion, a Doctor's medical certificate.
Peaceful picketing by up to six people at or near the place of work is lawful if conducted without causing obstruction. Generally, pickets should not be allowed on school/work premises but if there are safety concerns which can be resolved by pickets being allowed onto a site, this should be considered by Headteachers/Heads of Service. That said, pickets should not be entitled to use normal staff facilities. Currently it is not known which sites, if any, are likely to be picketed.
You may receive requests from members of staff for time off to attend Trade Union rallies, meetings etc during their work time. You will need to consider in accordance with the School's Policy on Authorised Leave whether to grant time off but in any case it would be unpaid. Any unauthorised absence to attend such meetings should be treated as a disciplinary offence.
Those employees on strike will not be paid for the day and in accordance with the decision of the High Court in the case of Smith vs Kent County Council 2004, deductions will be at the rate of 1/365th of annual salary.
FREQUENTLY ASKED QUESTIONS
Click here for access to some Frequently Asked Questions (FAQs) covering a variety of situations which may be relevant to this strike day. In circumstances not covered, please contact HR Direct on 01603 222212 (8.30am - 5.00pm Monday to Friday.)
Given that the 30 June is a non-pupil day, we hope that we can deal with any requests on the impact of the strike, without further contact beyond that requested by the HR Service Centre. However, if there is a ministerial level request for detailed information, we may need to contact schools for individual responses and if that is the case, we will need to ask for your co-operation and support.
The other teacher trade unions or support staff trade unions did not ballot for industrial action but, potentially any members of the NUT or ATL may be on strike that day, Although other groups of staff and non-members of NUT or ATL are not directly affected at this stage, any employee who chooses not to cross a picket line will be deemed to be on strike.
Although this strike is taking place nationally, we realise that there will be a different impact in Norfolk, where the 30 June is a planned non-pupil day. This is reflected in the advice set out below which does not include information that we would have normally provided around the requirement to maintain the education and other ancillary services to children.
Within that overall premise, our advice is that you identify and plan to meet your key objectives. These are likely to include requirements to:
Within these key objectives, there will be an expectation that the arrangements for INSET/other work planned will still go ahead to provide the best possible support to staff, whilst recognising the potential absence of some staff members.
The expectation is that not all those called upon to strike will in fact, do so. It is quite reasonable for Headteachers/Head of Service to ask staff in advance whether they intend to strike although staff do not have to co-operate in giving this information. What I would advise is that you are not seen as pressurising staff not to take strike.
Given that this strike is due to take place on a planned non-pupil day, it is unlikely that issues will arise regarding asking staff to cover work or duties of absent colleagues. However, the general rule is that if the work is similar to that to which the absent employee normally performs, staff in attendance should only be asked to carry it out if it is genuinely critical and within their skill set and they would still have the right to refuse.
It may be that some schools had already undertaken to undertake the INSET/other work in 'twilight sessions' and therefore arrangements were already in hand to close the school on 30 June. If this is the case, colleagues in the HR Service Centre will ask you to record this in an electronic spreadsheet that you will be sent ahead of 30 June for return on 4 July. This spreadsheet, will be pre-populated with the names of your staff and in addition will ask you to indicate whether industrial action was taken and in which case, the number of hours lost. (For part-time members of staff this calculation can be found in the FAQ's - see reference below - under question 1A.)
Staff who are taking strike action are not entitled to sickness payments. Staff who have reported sick prior to the strike should receive sickness payments as normal. Headteachers/Heads of Service should take particular care to satisfy themselves that any sickness absence on the day in question is genuine and require, on this occasion, a Doctor's medical certificate.
Peaceful picketing by up to six people at or near the place of work is lawful if conducted without causing obstruction. Generally, pickets should not be allowed on school/work premises but if there are safety concerns which can be resolved by pickets being allowed onto a site, this should be considered by Headteachers/Heads of Service. That said, pickets should not be entitled to use normal staff facilities. Currently it is not known which sites, if any, are likely to be picketed.
You may receive requests from members of staff for time off to attend Trade Union rallies, meetings etc during their work time. You will need to consider in accordance with the School's Policy on Authorised Leave whether to grant time off but in any case it would be unpaid. Any unauthorised absence to attend such meetings should be treated as a disciplinary offence.
Those employees on strike will not be paid for the day and in accordance with the decision of the High Court in the case of Smith vs Kent County Council 2004, deductions will be at the rate of 1/365th of annual salary.
FREQUENTLY ASKED QUESTIONS
Click here for access to some Frequently Asked Questions (FAQs) covering a variety of situations which may be relevant to this strike day. In circumstances not covered, please contact HR Direct on 01603 222212 (8.30am - 5.00pm Monday to Friday.)
Given that the 30 June is a non-pupil day, we hope that we can deal with any requests on the impact of the strike, without further contact beyond that requested by the HR Service Centre. However, if there is a ministerial level request for detailed information, we may need to contact schools for individual responses and if that is the case, we will need to ask for your co-operation and support.