Management Information Sheet

Public Sector Pensions - Strike Action 30th November 2011 - More Advice

MI Sheet TypeAction
To Be Completed By: 07/12/2011
MI Number:275/11
Publication Date:25/11/2011 12:00:00
LA Contact:HR Direct (01603 222212)
Audience:Headteachers/Principals/Chairs of Governors

Public Sector Pensions - Strike Action 30th November 2011 - More Advice

In MI sheet 272/11, comprehensive advice, including FAQ's covering specific situations was issued.

The purpose of this MI, is to update that information in the light of:

  • The need to remind schools to notify us if they are closing/part closing on 30 November and if known, that this is done as soon as possible in advance of the strike day
  • Details of the NAS/UWT ballot outcome being received, particularly in relation to action beyond 30th November

  • Reaction from schools to the FAQ's, where further advice was requested

  • The provision of a link to enable schools to notify the HR Service Centre, where staff took action or refused to cross a picket line


  • NASUWT Ballot Outcome

    The outcome of the NASUWT ballot was to support the strike day on 30th November but also to consider taking further action, short of strike action, from 1st December 2011 onwards. As we understand it, the action extends beyond the pensions issue from 1st December 2011 with NASUWT seeking to obtain compliance with several aspects of national conditions of service issues. Click here for further information that has been issued by the NASUWT and will provide a guide to the areas of their concern.

    FAQ's

    FAQ 20 dealt with whether the school should be closed if both Head and Deputy were to take strike action. The advice gave details of the legal position and concluded that, in such circumstances, the school would need to be closed. HR Direct received some enquiries about whether this applied to both pupils and staff. For the avoidance of doubt, the advice is that it applies to pupils only and staff should present themselves for duties as usual. However this advice should be considered in the light of the other FAQ's and it could be that a decision will be made that certain groups need not attend - though they will still be paid. The FAQ has been changed to reflect this additional element.

    Additional FAQ's are set out below

    What happens if my school is open to pupils but the meals are provided from another school, which is closed? (I have pupils entitled to free school meals.)


    We understand that where Norse is the contractor for meals, they will be able to deliver a service provided by another kitchen, though the meal will not necessarily accord to that shown on the termly menu.

    Some support staff are saying that they understand that Unison will reimburse members for the day's strike, from their Hardship fund. Can you confirm this?

    It is not the employer's role to be involved in such an issue but staff should be encouraged to seek any clarification that is necessary through their union steward or through any Unison publications or telephone the Branch (01603 222384).

    What are the implications for Pensions where staff take strike action and are there any arrangements in place to 'buy back' the service lost?

    Any member of the Teacher Pension Scheme (TPS) who strikes will not have this day counted as 'reckonable service'. This will be notified to Teacher's Pensions and reflected in the calculation of their pension upon retirement. There is no provision for buy back within the TPS but there is an ability for members to 'purchase additional pension.' If staff wish to consider this option, they are advised to seek further details from their website by clicking here.

    Any member of the Local Government Pension Scheme who takes strike action, or who chooses not to cross a picket line and is deemed to have taken strike action, will lose that day's pensionable service. However, they can buy this back by paying 16% of a notional day's pay as prescribed by the scheme regulation by completing the absence due to Trade Dispute form by Friday 30th December 2011. Click here for a copy of that form. If staff require advice on buying back their lost service, they should contact Norfolk Pensions Services for advice from their website by clicking here.

    Employees who are members of a different pension scheme should contact their pension scheme administrator for advice on the pension implication.

    NOTIFYING THE HR SERVICE CENTRE TO MAKE DEDUCTIONS

    Notification to the HR Service Centre should be by completing a Strike Deduction Spreadsheet. Click here to download the spreadsheet which should be used to identify those employees who have taken strike action and the hours they were scheduled to work. The spreadsheet should then be returned to the HR Shared Services Centre by Wednesday 7th December 2011 who will then process the return in the January 2012 payroll run.

    The spreadsheet should be sent from:

  • In cases where a deduction should be made from a Headteacher/Principal (or where both Head/Principal and Deputy/Vice Principal took strike action), the Chair of Governors personal email address with accompanying text that makes it clear that the message is being sent in their capacity as Chair of Governors.
  • For all staff, the Headteacher's 'head@' email account.


  • These approaches will be regarded by the HR Service Centre as signifying authorisation to make the deduction. Completed spreadsheets should be returned by email to industrialaction@norfolk.gov.uk.

    Letter to staff

    Click here for access to a template letter from the Chair of Governors, advising staff of the consequences of taking strike action on their pay and pensions.

    Your cooperation will be much appreciated in this matter.