Management Information Sheet
Pensions Dispute 2006 - Strike Action
From: Bob Hedley, HR Manager
As a result, potentially any members of Unison, GMB and T&G who are covered by the Joint Negotiating Committee for Local Government Services - that is, "Green Book" or non-teaching staff maybe on strike. Although other groups are not directly affected at this stage, any employee who chooses not to cross a picket line will be deemed to be on strike. As far as any exemptions are concerned, Unison have not agreed to any exemptions. For the avoidance of doubt, Special Schools are not exempted on this occasion.
As far as pay is concerned, those on strike should not be paid for the day.
My advice is that you will need to plan to minimise the effect on services with your key objectives being;
My expectation is that not all those called upon to strike will in fact do so. It is quite reasonable for Headteachers/managers 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.
Re-allocating of work will need to be considered and you will need to consider whether to ask staff who attend work to carry out work of absent colleagues. Whether work is similar to that which the employee normally performs, staff can be asked to cover for absent employees. Whether work is of a clearly different type, employees should only be asked to carry it out if it was genuinely critical and they still would have the right to refuse. 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. My advice is that Headteachers/ Managers should treat the issue of work re-allocation sensitively and, if in any doubt, seek advice from your HR Consultant.
Staff who are talking strike action are not entitled to sickness payments. Staff who have reported sick prior to the strike should receive sickness payments as normal. Headteachers/ Managers should take particular care to satisfy themselves that any sickness absence is genuine.
Peaceful picketing, by up to 6 people, at or near the place or work is lawful if conducted without causing obstruction. Generally, pickets should not be allowed on school premises but if there are safety concerns which can be resolved by pickets being allowed onto a site, that should be considered by Headteachers. That said, pickets should not be entitled to use normal staff facilities. Currently, it is not known which sites 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 schools 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.
As stated above those on strike should not be paid for the day. As a consequence, we will need the name of the person and how many hours they would have worked. Please also include those who have no authority to be absent for any other reason as early as possible on the day and by 10 a.m. preferably. The data collection page for your school can be accessed directly on Esinet at http://www.esinet.norfolk.gov.uk/wod/SA2806/ [to open this link manually, open Norfolk Esinet website and click on: School Management and Governance > My School > Login details - enter > Staff > Strike Action - Data Collection] You will need to log on to 'My School' in the usual way.
If you have difficulties in accessing the Esinet system, or need a username and password for 'My School', please contact ICT Solutions on 0845 3033003.
This will enable us to assess the overall level of absence across the Council.
I should like to thank you in anticipation of your co-operation in this matter.
Please Click Here for Information Letter from Tim Byles, Chief Executive This should be copied and distributed to all staff other than teachers.
Pensions Dispute 2006 - Strike Action
Following the national ballots of Unison, GMB and T&G members, a 1 day strike will take place on Tuesday 28th March 2006. No further action is expected at this stage. Certain other small groups have also been balloted and may be called out by Unions. Teachers and Fire-fighters are not directly affected at this stage.As a result, potentially any members of Unison, GMB and T&G who are covered by the Joint Negotiating Committee for Local Government Services - that is, "Green Book" or non-teaching staff maybe on strike. Although other groups are not directly affected at this stage, any employee who chooses not to cross a picket line will be deemed to be on strike. As far as any exemptions are concerned, Unison have not agreed to any exemptions. For the avoidance of doubt, Special Schools are not exempted on this occasion.
As far as pay is concerned, those on strike should not be paid for the day.
My advice is that you will need to plan to minimise the effect on services with your key objectives being;
- To maintain the Education of the children
- To meet statutory requirements
- To ensure health and safety of employees and the pupils (keys issues; safety, critical plant and equipment, appropriate supervision arrangements, tasks requiring multiply employees e.g. manual handling, ladders; access to safety equipment)
- To secure school property (keys, vehicles, premises, information systems, power, heat and light)
- To maintain internal and external communications
My expectation is that not all those called upon to strike will in fact do so. It is quite reasonable for Headteachers/managers 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.
Re-allocating of work will need to be considered and you will need to consider whether to ask staff who attend work to carry out work of absent colleagues. Whether work is similar to that which the employee normally performs, staff can be asked to cover for absent employees. Whether work is of a clearly different type, employees should only be asked to carry it out if it was genuinely critical and they still would have the right to refuse. 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. My advice is that Headteachers/ Managers should treat the issue of work re-allocation sensitively and, if in any doubt, seek advice from your HR Consultant.
Staff who are talking strike action are not entitled to sickness payments. Staff who have reported sick prior to the strike should receive sickness payments as normal. Headteachers/ Managers should take particular care to satisfy themselves that any sickness absence is genuine.
Peaceful picketing, by up to 6 people, at or near the place or work is lawful if conducted without causing obstruction. Generally, pickets should not be allowed on school premises but if there are safety concerns which can be resolved by pickets being allowed onto a site, that should be considered by Headteachers. That said, pickets should not be entitled to use normal staff facilities. Currently, it is not known which sites 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 schools 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.
As stated above those on strike should not be paid for the day. As a consequence, we will need the name of the person and how many hours they would have worked. Please also include those who have no authority to be absent for any other reason as early as possible on the day and by 10 a.m. preferably. The data collection page for your school can be accessed directly on Esinet at http://www.esinet.norfolk.gov.uk/wod/SA2806/ [to open this link manually, open Norfolk Esinet website and click on: School Management and Governance > My School > Login details - enter > Staff > Strike Action - Data Collection] You will need to log on to 'My School' in the usual way.
If you have difficulties in accessing the Esinet system, or need a username and password for 'My School', please contact ICT Solutions on 0845 3033003.
This will enable us to assess the overall level of absence across the Council.
I should like to thank you in anticipation of your co-operation in this matter.
Please Click Here for Information Letter from Tim Byles, Chief Executive This should be copied and distributed to all staff other than teachers.