Management Information Sheet
Public Sector Pensions - Strike Ballots
In MI Sheet 254/11, you were notified of the ballots that had or were to take place about a day of action on 30th November and that some unions were balloting on a wider range of issues, including pensions. Please also refer to the contents of an email, sent to all schools on 16th November, giving further details and updating on the outcomes of ballots that had been held.
Since then, the outcomes of ballots by GMB. NAS/UWT, Unite and AEP (Association of Educational Psychologists) have been announced. Click here for a summary of the outcome of ballots. Union members from Voice and ASCL are not involved in the industrial action but may, along with other staff not in unions or those who are but who decide not to strike, choose not to cross a picket line. In those circumstances, any employee who chooses not to cross the picket line will be deemed to be on strike.
At this time, Unison have agreed the following exemptions in respect of union members who ask their union for exemption from taking action because of their circumstances:
Employees in their last year of service who are in a pension scheme
Pregnant woman who have notified their employer of the expected date of birth
Employees whose state benefits may be affected if they take part in strike action
Our advice is that you will need to plan to minimise the effect on your school or service with your key objectives being to:
Maintain the education of the students;
Meet statutory requirements;
Ensure the health and safety of employees and pupils (key issues: safety, appropriate supervision arrangements);
Ensure appropriate authority and leadership
In order to satisfy these key objectives, you will no doubt wish to prioritise the services and functions you currently operate, assessing the likely risk to each as a result of the strike action. Within this general premise, you will need to consider directing resources and effort to those who are high priority and risk. Equally, you will need to look at how you can use the remaining employee resource best to provide the best possible standard of care and education, potentially in the absence of some key staff members.
The expectation is that not all those called upon to strike will in fact do so, it is quite reasonable for Chairs of Governors, Headteachers/Principals 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 strike. It would be particularly helpful in ensuring the safety and adequate provision of children if Headteachers/Principals could ascertain the position of their deputy(ies)/Vice-Principal(s) and, together with their own position, give an indication to the Chair of Governors as to whether they intend to take strike action.
Reallocation of work will need to be considered and you may need to ask staff who attend work to cover the duties, or some of the duties, of absent colleagues. Where work is similar to that which the absent employee normally performs, staff in attendance can be asked to provide cover. Where work is of a clearly different type, staff in attendance should only be asked to carry it out if it is genuinely critical, within their skill set and they would still have the right to refuse. Moreover, if staff feel pressurised to do different work, or if those on strike feel undermined by colleagues, work relations can be damaged for much longer than the length of this dispute. As a result, the advice is that Headteachers/Principals should treat the issue of reallocation of work sensitively and, if in doubt, see advice from HR Direct on 01603 222212.
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/Principals should take particular care to satisfy themselves that any sickness absence on the day in question is genuine.
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 they are safety concerns which can be resolved by pickets being allowed onto the site, this should be considered by Headteachers/Principals. 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 be in breach of contract and therefore a deduction from pay will be made. For full and part-time employees, a deduction equivalent to a proportion of annual salary will be made. The deduction will be made on the basis of 1/365 of annual salary in accordance with the Burgundy Book (as confirmed by Smith vs Kent County Council 2004) and for support staff should be on the basis of 1/260th (equivalent to 1/5th of weekly pay) of his/her annual salary.
NOTIFYING THE HR SERVICE CENTRE TO MAKE DEDUCTIONS
Notification to the HR Service Centre should be by a pro-forma. Details of which will be contained, and a live link enabled, in a further MI Sheet on 25th November 2011.
It is likely that deductions will appear in January 2011 payslip.
Frequently Asked Questions (FAQ's)
In addition to the information above click here to download some FAQ's which have been put together to provide specific advice covering a number of situations and developed further advice to that contained in this MI Sheet. Please read these carefully. If you have a circumstance not covered, please contact HR Direct on 01603 222212 for advice.
DFE Advice
Advice has been received from DFE. Click here to access that advice. Section 3, paragraph 5 gives advice, if followed, could cause major employee relations issues and may present potential risks to safeguarding. However, the final decision rests with the Governing Body
Notifying where the school/academy is closed/partially closed
All schools/academies are advised to communicate their plans with parents/carers as soon as possible. In addition any schools that are intending to close, or make a partial closure on the day of the strike, should use the Emergency school closures system in the "My school" section of the Norfolk Schools website. It is worth noting that a plan closure can be entered into the system in advance.
A further update of advice will be issued on 25th November 2011, if required.
Your cooperation will be much appreciated in this matter.
Since then, the outcomes of ballots by GMB. NAS/UWT, Unite and AEP (Association of Educational Psychologists) have been announced. Click here for a summary of the outcome of ballots. Union members from Voice and ASCL are not involved in the industrial action but may, along with other staff not in unions or those who are but who decide not to strike, choose not to cross a picket line. In those circumstances, any employee who chooses not to cross the picket line will be deemed to be on strike.
At this time, Unison have agreed the following exemptions in respect of union members who ask their union for exemption from taking action because of their circumstances:
Our advice is that you will need to plan to minimise the effect on your school or service with your key objectives being to:
In order to satisfy these key objectives, you will no doubt wish to prioritise the services and functions you currently operate, assessing the likely risk to each as a result of the strike action. Within this general premise, you will need to consider directing resources and effort to those who are high priority and risk. Equally, you will need to look at how you can use the remaining employee resource best to provide the best possible standard of care and education, potentially in the absence of some key staff members.
The expectation is that not all those called upon to strike will in fact do so, it is quite reasonable for Chairs of Governors, Headteachers/Principals 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 strike. It would be particularly helpful in ensuring the safety and adequate provision of children if Headteachers/Principals could ascertain the position of their deputy(ies)/Vice-Principal(s) and, together with their own position, give an indication to the Chair of Governors as to whether they intend to take strike action.
Reallocation of work will need to be considered and you may need to ask staff who attend work to cover the duties, or some of the duties, of absent colleagues. Where work is similar to that which the absent employee normally performs, staff in attendance can be asked to provide cover. Where work is of a clearly different type, staff in attendance should only be asked to carry it out if it is genuinely critical, within their skill set and they would still have the right to refuse. Moreover, if staff feel pressurised to do different work, or if those on strike feel undermined by colleagues, work relations can be damaged for much longer than the length of this dispute. As a result, the advice is that Headteachers/Principals should treat the issue of reallocation of work sensitively and, if in doubt, see advice from HR Direct on 01603 222212.
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/Principals should take particular care to satisfy themselves that any sickness absence on the day in question is genuine.
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 they are safety concerns which can be resolved by pickets being allowed onto the site, this should be considered by Headteachers/Principals. 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 be in breach of contract and therefore a deduction from pay will be made. For full and part-time employees, a deduction equivalent to a proportion of annual salary will be made. The deduction will be made on the basis of 1/365 of annual salary in accordance with the Burgundy Book (as confirmed by Smith vs Kent County Council 2004) and for support staff should be on the basis of 1/260th (equivalent to 1/5th of weekly pay) of his/her annual salary.
NOTIFYING THE HR SERVICE CENTRE TO MAKE DEDUCTIONS
Notification to the HR Service Centre should be by a pro-forma. Details of which will be contained, and a live link enabled, in a further MI Sheet on 25th November 2011.
It is likely that deductions will appear in January 2011 payslip.
Frequently Asked Questions (FAQ's)
In addition to the information above click here to download some FAQ's which have been put together to provide specific advice covering a number of situations and developed further advice to that contained in this MI Sheet. Please read these carefully. If you have a circumstance not covered, please contact HR Direct on 01603 222212 for advice.
DFE Advice
Advice has been received from DFE. Click here to access that advice. Section 3, paragraph 5 gives advice, if followed, could cause major employee relations issues and may present potential risks to safeguarding. However, the final decision rests with the Governing Body
Notifying where the school/academy is closed/partially closed
All schools/academies are advised to communicate their plans with parents/carers as soon as possible. In addition any schools that are intending to close, or make a partial closure on the day of the strike, should use the Emergency school closures system in the "My school" section of the Norfolk Schools website. It is worth noting that a plan closure can be entered into the system in advance.
A further update of advice will be issued on 25th November 2011, if required.
Your cooperation will be much appreciated in this matter.