Management Information Sheet
NUT STRIKE ACTION - 24 APRIL 2008
To: Headteachers and Chairs of Governors of All Norfolk Schools
and Heads of Service
The other teacher trade unions did not ballot for industrial action but, potentially any members of the NUT may be on strike that day. Although other groups of staff and non-NUT members of teaching staff are not directly affected at this stage, any employee who chooses not to cross a picket line will be deemed to be on strike.
At this time no exemptions have been agreed.
The advice is that you will need to plan to minimize the effect on your school or service with your key objectives being:
To maintain the education of the children; To meet statutory requirements; To ensure the health and safety of employees and pupils (key issues: safety, appropriate supervision arrangements); To ensure appropriate authority and leadership (particularly as some headteachers and/or other senior teaching staff may well be NUT members);
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 strike action. Within this general premise you will want 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 or 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 Headteachers/Heads of Service to ask staff in advance whether they intend to strike although staff do not have to cooperate in giving this information. What I would advise is that you are not seen as pressurising staff not to strike. It would be particularly help in ensuring the safety and adequate provision for children if those Headteachers who are members of the NUT could give an indication to their Chair of Governors as to whether they intend taking 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/Heads of Service should treat the issue of reallocation of work sensitively and, if in doubt, seek advice from your HR Consultant.
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. I will issue advice next week giving details of how to notify the Employee Service Centre of absences but 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.
In addition, HR are developing some Frequently Asked Questions (FAQs) covering a variety of situations that typically occur in schools and these will be issued also next week.
All schools are advised to communicate their plans with parents and carers as soon as possible. In addition any schools which are intending to close, or make a partial closure on the day of the strike, should contact the Schools Closures Hotline on 0844 800 8019 as soon as possible.
Your cooperation will be much appreciated in this matter.
NUT Strike Action - 24th April 2008
Following a national ballot by the National Union of Teachers (NUT) of its members, a one-day strike will take place on Thursday 24th April 2008. This strike action relates to the NUT's dispute with Secretary of State for Children, Schools and Families in respect of teacher pay increases.The other teacher trade unions did not ballot for industrial action but, potentially any members of the NUT may be on strike that day. Although other groups of staff and non-NUT members of teaching staff are not directly affected at this stage, any employee who chooses not to cross a picket line will be deemed to be on strike.
At this time no exemptions have been agreed.
The advice is that you will need to plan to minimize the effect on your school or service with your key objectives being:
To maintain the education of the children; To meet statutory requirements; To ensure the health and safety of employees and pupils (key issues: safety, appropriate supervision arrangements); To ensure appropriate authority and leadership (particularly as some headteachers and/or other senior teaching staff may well be NUT members);
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 strike action. Within this general premise you will want 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 or 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 Headteachers/Heads of Service to ask staff in advance whether they intend to strike although staff do not have to cooperate in giving this information. What I would advise is that you are not seen as pressurising staff not to strike. It would be particularly help in ensuring the safety and adequate provision for children if those Headteachers who are members of the NUT could give an indication to their Chair of Governors as to whether they intend taking 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/Heads of Service should treat the issue of reallocation of work sensitively and, if in doubt, seek advice from your HR Consultant.
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. I will issue advice next week giving details of how to notify the Employee Service Centre of absences but 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.
In addition, HR are developing some Frequently Asked Questions (FAQs) covering a variety of situations that typically occur in schools and these will be issued also next week.
All schools are advised to communicate their plans with parents and carers as soon as possible. In addition any schools which are intending to close, or make a partial closure on the day of the strike, should contact the Schools Closures Hotline on 0844 800 8019 as soon as possible.
Your cooperation will be much appreciated in this matter.