Industrial Action - Frequently Asked Questions, England
***New FAQs starred
ADMINISTRATIVE TASKS
***Heads of departments in my school have been directed to complete the school Self Evaluation Form (SEF). Do they have to do this?
The data required to complete the SEF should be already be readily available to the school administration and they should be able to populate the SEF with the necessary information. The only role for heads of department should be to check the draft SEF to ensure the information is accurate.
CLASSROOM OBSERVATION
CO1. I work in a school that has been placed in a category of concern by the local authority
You can refuse to be observed by the local authority. The local authority has a right to enter the school but does not have a statutory right to observe teachers.
CO2. Does the limit on classroom observation apply to learning walks, pupil tracking and other such arrangements?
Yes. You should only be observed in accordance with the observation detailed in your performance management planning statement. You should not therefore agree to any other observations whatever they are called.
CO3. When does a learning walk become an observation?
NASUWT believes that learning walks are observations whatever else they may be called and therefore are covered by the instruction on classroom observation.
CO4. Do drop-ins count as observations?
A headteacher has a duty to evaluate the standards of teaching and learning and has a right to drop-in to inform their monitoring the quality of learning. Where the headteacher genuinely operates a 'drop-in ' of a few minutes which doesn't involve formal observation of you teaching but focuses on pupils learning that would not be covered by the instruction. However, if the headteacher focuses on you, makes notes on your performance and uses the visit for any other purpose then these visits would be classed as observation and covered by the instruction.
CO5. I work for a local authority/library board as a member of a Behaviour Support team. Part of my role is observing pupils with specific behavioural issues in their classroom settings. The reports I write are based on my observations of the child not the teacher. Will NASUWT members refuse to have me in their classroom as a result of the national action instructions on the limit on classroom observation?
If the request for your support has been done professionally then the headteacher/principal should have been in discussion with the class teacher and agreed with them the appropriate strategy for supporting a particular pupil in their class.
The teacher's professional judgment will have been taken into account and the class teacher would be clear on the purpose of the visit, when it would take place, what its focus would be and how any recommendations or report was to be recorded. In these circumstances it is unlikely that any objection would be raised by a teacher about you carrying out your role.
The only problems which may arise is where the teacher has had a visit imposed on them and they are unsure of its purpose.
CO6. How much notice should be given for classroom observation?
Every school in England is required to have a performance management policy on which the governors have sought to reach agreement with the NASUWT and other unions.
That policy should set out the protocol for classroom observations, including when and how notice will be given.
In addition, a teacher's performance management planning statement should state the amount of observation they will have during the performance management cycle, what its focus will be and when and how specific dates will be agreed, if no date is to be set out in the planning statement.
You should always know and have agreed in advance when, how and by whom observations will conducted. It is not acceptable for someone to simply turn up to carry out an observation. Where this is the situation further advice should be taken from the NASUWT.
C07. In our school we have a system of peer observation for professional development purposes. These are not formal observations although we do have to complete a proforma which is logged and monitored by an Assistant Headteacher. Are these covered by the national instructions on classroom observation?
Where a teacher believes that they would benefit from either being observed by a colleague of their choice or from observing a colleague of their choice (peer observation) and the outcome of the observation is simply a matter of professional discussion between the colleagues who have elected to be involved this would not be covered by the national action instructions.
However, if the School has imposed a system of peer observations which are recorded and logged and fed into a monitoring process then these would be viewed as formal observations and would be covered by the national instructions.
CO8. I have a student teacher assigned to me as observation of myself and other colleagues is part of their training and development. Can observation of staff by student teachers continue?
Yes. Observing more experienced colleagues is an important part of a student teacher's development. In addition their programme of observation and the focus and purpose of the observation should have been agreed with the teachers who will be involved.
CO9. Can governors observe teachers?
No. Regardless of the industrial action, NASUWT believes it is inappropriate for governors to observe teachers teaching.
CO10. My headteacher has brought in a person from an outside agency to provide advice on learning strategies for a pupil with SEN. The intention is that they will monitor me and the pupil. Is that appropriate under the national action instructions on classroom observation?
The first issue to be considered is who has generated the request for external support. If this has been done by the Headteacher, without any reference to you as the child's teacher, then there are concerns about your professional judgment as the person working on a daily basis with the pupil not having been taken into account.
If outside support and advice has been obtained in a professional manner , then the presence of external advice and support would have been discussed with you and you would have been party to any decision to engage external support and advice and the identification of the need for the person concerned to visit the classroom to see the pupil during lessons. You would be clear on the purpose of the visit, when it would take place, what its focus would be and how any recommendations would be recorded. There should be no suggestion that any report would be written about you and certainly the purpose should not be about observing you or your performance.
If you have been party to agreeing and setting up the arrangements then there should be no problem.
If this visit is being imposed on you, then it would be covered by the national action instructions.
CO11. Can members be observed by students/pupils?
Teachers are not required to agree and should not agree to be observed by pupils. The NASUWT has provided comprehensive guidance on this issue in our guidance on student voice.
CO12. Do the observation limits apply to newly qualified teachers?
Newly qualified teachers are not covered by the limit. However, that does not mean that they should be subjected to unlimited and excessive observation. Your teaching should have been observed in the first four weeks in post and then the statutory guidance on induction recommends one observation per half term in schools operating a three term year. In short 6 times during your first year for those that are full time. It is pro-rata for those working part-time. If you are having any more than that you should seek advice from the NASUWT.
There is also very clear statutory guidance about how the observations should be conducted. This can be found on the NASUWT website at www.nasuwt.org.uk/Newteachers
CO13. Some of the HMI who are involved in Ofsted inspections are not qualified teachers. Can I refuse to be observed by them during the inspection?
The NASUWT action instructions on observation do not apply where Ofsted is carrying out a formal inspection or a monitoring visit following the school being placed in the 'unsatisfactory' category.
CO14. My performance management planning statement records all the observation I will be having during the year, this is less than three hours. Do I have to have additional observations up to the limit?
No. You should only be observed in accordance with your performance management planning.
CO15. I have been asked as a subject leader to conduct 'drop ins' on other colleagues which are not part of performance management. Should I continue to do these?
If these are drop-ins to observe teachers' practice then they are unnecessary as this can be done as part of the observation under performance management and they are additional workload for you. on both counts, under the NASUWT action instructions you should not do them.
CO16. My school is proposing to undertake departmental reviews. As part of the review classroom observation of the teachers in the department is planned. Is this acceptable under the national action short of strike action instructions on classroom observation?
There is nothing in the national action instructions that would prevent a departmental review taking place. However, there are aspects of the national instructions which cover issues which may arise as a result of the departmental review. Members for example can participate in discussions with those conducting the review. However, any meetings must be held in accordance with the national instructions on the school calendar and must not encroach upon lunch breaks or PPA time.
With regard to classroom observation, if the departmental review was raised at the time that your performance management planning statement was discussed and was planned as part of the classroom observation agreed in your planning statement and it will be carried out by a qualified teacher, it can go ahead. However, if this is additional to the observation agreed in the planning statement you should not agree to this. if information on teachers' classroom practice is required for the review, there is nothing to prevent the observations which have already been conducted as part of your performance management being used to inform the review without the need for any additional observation
CO17. My headteacher is organising a mock Ofsted inspection and says that all staff will be having additional classroom observations as part of that. Is this covered by the national action instructions?
Classroom observation should only be agreed which was in the performance management planning statement agreed at the beginning of the performance management cycle. There should be no need for the school to organise any additional classroom observations for any purpose as the observations under performance management should provide all the information needed to inform the school's processes. Members should not agree to additional observation for any other purposes.
CO18. My school is in special measures, does this mean that the teachers in the school should be having additional classroom observation?
The first thing to determine is why the school has been placed in special measures. If for example the focus of the concerns was school leadership then there would be no reason why the classroom observation of teachers would increase. If the Ofsted inspection identified concerns about individual teacher's performance then this would be addressed through the performance management observations agreed at the planning meeting for the teacher or, if the issues were of such seriousness that capability procedures were being pursued then the amount of observation required would be the part of the support strategy discussed with the teacher and their union representative as part of the implementation of the capability procedure.
Simply increasing the classroom observation of teachers in response to special measures is meaningless. It is not quantity of classroom observation that makes a difference but quality. The quality of performance management observations should be able to address any of the issues.
CO19. It has been proposed in my school that members of the governing should be visiting classrooms and observing lessons. Is this acceptable?
No. there is absolutely no reason why governors should be observing teachers as part of any process in a school. Members should refuse to be observed by governors for any purpose.
Some schools seek to establish a system where governors can visit classrooms as a way of getting to know how the school works. The NASUWT believes that this is unnecessary. Contact should be made immediately with the NASUWT for further advice and support if such proposals are made or such a system is being adopted by the school.
CO20. My school has been judged to be satisfactory by Ofsted. We have been told that there may be monitoring visits by Ofsted inspectors to check on progress. Is any classroom observation undertaken by inspectors on such visits covered by the NASUWT action short of strike action instruction on classroom observation?
A proportion of schools judged by Ofsted to be satisfactory following a Section 5 inspection may be subject to a subsequent monitoring inspection under Section 8 of the Education Act 2005. As these visits are statutory in nature and are imposed on schools at the discretion of Ofsted, any lesson observation undertaken as part of a Section 8 inspection of a satisfactory school is exempted from the action short of strike action instruction relating to classroom observation.
COVER
C1. Does the no cover instruction mean that I should never cover even though STPCD makes reference to rarely cover?
Yes.The instructions are saying no cover at all because the term rarely is being widely abused in schools. Rarely should have resulted in teachers not covering except in the most exceptional circumstances which could not have reasonably been foreseen. Exceptional circumstances would not be someone phones in sick or someone is called out to a meeting. The NASUWT action is therefore going back to the basic intention of the contractual provision and enforcing that by a ban on cover.
C2. I have been asked to cover for a colleague who has phoned in sick today despite the headteacher being aware that I am following the NASUWT action short of strike action instructions. Do I have to cover?
You should refuse to cover and point out that you are not only following the NASUWT's lawful action instructions but the terms of your contract. if the headteacher persists then contact the NASUWT for further advice.
C3. I do not have a tutor group and I am often asked to cover for absent colleagues. Should I continue to do this in the light of the national action instructions?
No. Unless you have a contract to wholly or mainly provide cover for absent colleagues then this is cover and you should not be doing this.
C4. I am a member of the senior management team, paid on the leadership spine, my headteacher says that I am required to cover for absent colleagues. Is that correct?
No. The provisions of the Schoolteachers'' Pay and Conditions Document in relation to cover apply to headteachers and those paid on the leadership spine. The NASUWT no cover instruction also applies.
C5. Pupils in my school are going on an educational visit. The head teacher is proposing to alter the timetable so that the pupils not included in the visit can be taught by staff not accompanying pupils on the visit. The headteacher is claiming that the change to the timetable is being made for sound educational reasons. Does this constitute cover?
Section 3 guidance in the School Teachers' Pay and Conditions Document is quite clear on this issue.
It defines absence as occurring when a person who has been timetabled to take a particular class or group is absent due to not just illness but also for reasons of internal and external activities.
On the issue of changes to the timetable, the STPCD makes clear that the calendar and timetable should be produced in consultation with the staff and that changes should be planned well in advance.
Further, the guidance describes how schools may vary the pattern of the timetable in advance or make changes for sound educational reasons but is clear that such changes should be infrequent.
However, the critical paragraphs are 73 and 74. These state that appropriate arrangements should be included in the timetable for both staff and pupils who are on visits and those who are not and whatever timetabling pattern the school may use the fact is that it is the absence of the person who has been timetabled to take the class or group which is the trigger for cover. Therefore, members should not cover for staff who are absent due to accompanying educational visits whether the timetable is changed or not.
***C6. My school will be collapsing the 6th Form timetable for a taster day and teachers who would normally teach the 6th Form at that time are being asked to give taster sessions to the pupils. For some teachers this would be in time that would normally be their non-contact time. Is this acceptable under the action short of strike action instructions?
The first thing which has to be considered is has this taster day been discussed and agreed with the staff and calendared in advance?
The next issue which has to be considered is the non-contact time PPA time and if so have arrangements been agreed with the teachers affected that this time would be credited at another time during the week?
If the answer to the questions above is no then the NASUWT members should not take part and should teach their normal lessons. Contact should be made with your National Executive member to discuss approaches to the head teacher to secure that arrangements such as this are agreed with staff in advance, put in the school calendar and that any PPA time, which is contractually guaranteed time which cannot be used for any other activity, is credited.
LUNCHTIME SUPERVISION
LS1. I am a headteacher member, does the lunchtime supervision instruction apply to me?
Headteachers and members of the school leadership team are also entitled to their reasonable break during the day. Headteachers do have a responsibility to ensure that they have made appropriate arrangements for the supervision of pupils during the break. This does not mean that they have to do this themselves.
LEADERSHIP, MANAGEMENT AND PAYMENT
LM1. I believe that the extra responsibilities I have been asked to undertake merit a Teaching and Learning Responsibility payment. What are the criteria against which I should test my responsibilities?
Below is an extract from the contractual provisions of the School Teachers' Pay and Conditions Document and the relevant guidance from the same Document. You may find it helpful to contact your NASUWT local association or National Executive member to discuss your job description with them in the context of the information below.
TLR Criteria – Extract from the School Teachers’ Pay and Conditions Document
Before awarding a TLR the relevant body must be satisfied that the teacher’s duties include a significant responsibility that is not required of all classroom teachers and that-
(a) is focused on teaching and learning;
(b) requires the exercise of a teacher’s professional skills and judgement;
(c) requires the teacher to lead, manage and develop a subject or curriculum area; or to lead and manage pupil development across the curriculum;
(d) has an impact on the educational progress of pupils other than the teacher’s assigned classes or groups of pupils; and
(e) involves leading, developing and enhancing the teaching practice of other staff.
In addition, before awarding a TLR1, the relevant body must be satisfied that the significant responsibility referred to in paragraph 23.1 includes line management responsibility for a significant number of people.
Section 3 Guidance from the School Teachers’ Pay and Conditions Document.
TLRs may be awarded for undertaking a sustained responsibility in the context of the school’s staffing structure that is needed to ensure continued delivery of high-quality teaching and learning. Posts to which TLRs are attached must meet the criterion and factors which are set out in paragraph 21 of the STPCD. The monetary values of TLRs must also be determined within the parameters in paragraph 22 of the STPCD.
LM2. My headteacher says that if I am paid for my leadership and management responsibilities I am not entitled to any time. Is this correct?
No. Your headteacher is incorrect and is in breach of your contractual entitlements. The provisions in the School Teachers' pay and Conditions Document regarding leadership and management time do not contain any caveat to say that you can only receive this if you are not being paid for the responsibilities. Conversely the provisions relating to payment do not exclude a teacher from receiving the requisite time. You are therefore should pursue the issue of the allocation of leadership and management time.
INVIGILATION
I1. Can I refuse to invigilate SATs and practice SATs?
You should refuse to invigilate SATs and you should also refuse to invigilate 'practice' SATs if they are being conducted as a trial run for the actual SATs.
I2. During the mock exam week, during gained time, can I refuse to cover the classes of other teachers who have been asked to undertake other duties?
Yes this is cover and is covered by the instructions.
I3. During the mock exam week, during gained time, can I refuse to undertake the supervision of pupils in the dining area?
This constitutes cover and so is covered by the no cover instruction.
PPA TIME
P1. In addition to the allocation of PPA time, I have a number of non-contact periods which are not designated as PPA time, do I have to cover during that time?
No the action short of strike action covers any cover for an absent colleague. It doesn't matter what time is allocated for cover or whether prior to the action this time were used for cover. The only exception to this is where a teacher as a contract which is wholly or mainly specifically to cover.
P2. If teachers get more than 10% PPA time, can they be directed to do other duties in the 'additional' time?
No. If this time is designated as PPA time then they cannot be directed to use it for other things. The contractual provision is for a minimum of 10% not only 10%. If any school attempts to reduce PPA time to 10% as a result of the NASUWT action then immediate contact should be made with your NASUWT National Executive Member, regional centre in England and National Centre in Wales
P3. Should teachers lose PPA time if the timetable is suspended for the day eg 'Discovery Day'?
Teachers are contractually entitled to a minimum of 10% of their timetabled teaching time for PPA and therefore if this is lost because the school has arranged an activity such as this where the whole timetable has been suspended then the school should provide the time.
SCHOOL CALENDAR AND TIMETABLE
SC1. Do the national action instructions mean that I should only be attending one meeting per week?
Under the provisions of the national action instructions, members should only be attending those meetings which are on the school calendar. The calendar should have been the subject of consultation with the staff, NASUWT and other unions. It is the calendar which determines the number of meetings members should attend. For example if your school has no calendar in place then you should not be attending any meetings until such time as the school has consulted with staff and unions on the production of a calendar.
***SCT2. My school will be collapsing the 6th Form timetable for a taster day and teachers who would normally teach the 6th Form at that time are being asked to give taster sessions to the pupils. For some teachers this would be in time that would normally be their non-contact time. Is this acceptable under the action short of strike action instructions?
The first thing which has to be considered is has this taster day been discussed and agreed with the staff and calendared in advance?
The next issue which has to be considered is the non-contact time PPA time and if so have arrangements been agreed with the teachers affected that this time would be credited at another time during the week?
If the answer to the questions above is no then the NASUWT members should not take part and should teach their normal lessons. Contact should be made with your National Executive member to discuss approaches to the head teacher to secure that arrangements such as this are agreed with staff in advance, put in the school calendar and that any PPA time, which is contractually guaranteed time which cannot be used for any other activity, is credited.
VOLUNTARY ACTIVITIES
V1. Will extra-curricular activities undertaken by teachers on a voluntary basis be affected by the industrial action?
The NASUWT industrial action is not aimed at disrupting pupils. Therefore where members have volunteered to take extra curricular activities the action will not prevent members continuing to participate.
V2. In my school teachers have been forced to participate in extra- curricular activities including extra tuition for groups of pupils and detention supervision. Will the action instruction enable those teachers to with draw from these activities?
Some members have advised the NASUWT that they have been coerced and directed to take extra curricular activities. Where members believe that this is the case in their school they can apply to the National Action Committee for the action to cover their withdrawal from these.
V3. Now that the NASUWT action short of strike action has started does this mean that after school clubs,sporting activities, concerts and other voluntary activities have to be cancelled?
No. Providing these are genuine voluntary activities that members have freely elected to do, the NASUWT is not expecting members to withdraw from these activities as part of the action short of strike action.
V4. Can I refuse to attend an after school report writing seminar held by a member of the senior leadership team? Attendance is voluntary but I have already said that I would attend.
If this is genuinely voluntary and you don't feel 'co-erced' or 'expected' to attend then the decision is yours.
ACTION SHORT OF STRIKE ACTION GENERAL QUESTIONS
G1. The NASUWT is now taking action short of strike action. What does this mean?
A key part of the NASUWT strategy is to take action short of strike action. This action is designed to be pupil, parent and public-friendly as members will continue to discharge their core responsibilities in the context of specific instructions the Union has issued.
The action short of strike action that members will begin on 1 December will reinforce teachers’ contractual and legal entitlements. These contractual provisions were introduced to enable teachers to work effectively to raise standards.
Implementing these action short of strike action instructions will support newly qualified teachers in completing their induction successfully, removing from them and other teachers burdens that distract them from teacher and learning.
G2. Should members be asked by the headteacher what action short of strike action they will be taking?
No. The school and your employer has received a formal notice of the instructions and a copy of them so they are well aware of what action members will be taking. Members have also received at their home address a copy of a letter to hand to your headteacher about the action which makes absolutely clear the action short of strike action instructions.
Asking individuals could be viewed as harassment or an attempt to intimidate a member of a union taking action.
G3. Members of the leadership team in my school are being asked to compile information on other on teachers about what action they will be taking. Is this appropriate?
No. The school has been fully informed of the action instructions and they should plan accordingly. Such activities as questioning individual members of staff could be deemed to be harassment and an attempt to intimidate. If you are approached for the information simply refer the person concerned to the NASUWT website and to the notice of action given to the employer. If they persist contact the NASUWT immediately for advice.
G4. Now that the 30 November has passed are any other days of strike action planned?
No further days of strike action are planned at this time. The NASUWT continuous action short of strike action started on 1 December.
G5. I have joined the NASUWT since the ballot took place, am I eligible to be involved in the action short of strike action?
Yes, providing you are in one of the categories of members to whom the action instructions apply.
G6. Is the NASUWT action just about pensions?
No. Pensions are of course an important issue, but NASUWT has listened to its members, including its newly qualified teacher members, who have told us that their number-one concern is the burden of excessive workload. Members have also told us their deep concerns about attacks on pay and conditions of service and increasing concerns about job security. The NASUWT action covers all of these issues, including pensions.
G7. I work in an academy/free school, what rights do I have if the school insists that I cannot take action short of strike action?
No employer is entitled to prevent a worker from taking industrial action that is the result of a lawful ballot. With the exception of the police, armed forces and prison officers, all working people, including teachers, have a legal right to take industrial action, and no employer has the power to remove that right.
The NASUWT would be more than happy to provide you with confidential advice and support and if you agree, support you in representation to your employer. Please contact your NASUWT Regional Centre or National Executive Member. Contact details are on the NASUWT website.
G8. Why is now the right time for industrial action?
Many adverse changes have already taken place. More are planned, including changes to inspection, changes to performance management/appraisal, changes to the teacher’s contract, further curriculum changes and further cuts and school rationalisation which will lead to job loss.
It is planned to introduce the overwhelming majority of these changes within the current academic year. Failure to take action now will mean that government will press ahead and will claim, in the absence of action, that teachers are content with the changes.
G9. What can industrial action achieve?
A strong vote in favour of industrial action will send a clear message to the government that teachers are deeply unhappy with the direction of travel of policy, with the attacks and denigration they and suffering and will put the government under pressure to listen to the voice of teachers and engage in meaningful negotiations with the NASUWT on pensions, workload, pay and conditions and jobs.
The NASUWT has a track record of successful industrial action and when we have taken national action in the past we have secured major gains for members and teachers.
Determined industrial action does make a difference.
NASUWT national industrial action in the past has secured among other things a review of the national curriculum leading to the introduction of external markers for key stage tests and national negotiations on pay and conditions of service to address workload issues which led to the National Agreement which in turn resulted in improvements of the teacher’s contract, including PPA time.
G10. In view of the economic problems the country faces, how can the NASUWT justify industrial action?
Teachers did not cause the economic crisis.
Attacking teachers, damaging their morale and motivation and reducing investment in schools is no way to secure economic recovery.
Many of the changes being made which are worsening teachers’ conditions of service and increasing workload are nothing to do with the economic crisis. In many respects the deficit is being used by the government to make a whole series of ideological changes.
In addition, the NASUWT has set out to government that there is an alternative to economic austerity, cuts to public spending and the privatisation of public services. The NASUWT ten point plan can be found on www.nasuwt.org.uk/10pointplan.
Research evidence confirms that half of teachers would quit the profession altogether if economic conditions improved. The only way to avert a recruitment and retention crisis in teaching is by investment and action by government to secure good working conditions, decent pensions and stable employment. Education is critically important to the country’s economic recovery.
G11. Isn’t industrial action likely to upset parents and the public?
The NASUWT industrial action strategy is designed to be pupil, parent and public friendly – freeing teachers to do what parents and the public expects of them, focus on teaching and learning.
The NASUWT’s starting point for calling an industrial action is that we want to ensure the provision of high-quality education. The proposed action short of strike action will be pupil, parent and public friendly - nothing in the action short of strike action will damage children’s education. The action short of strike action will remove the tasks and burdens from teachers which distract them from teaching and learning.
In addition, strike action will be utilised sparingly only where it is necessary and appropriate to do so.
G12 Can teachers who joined the NASUWT during the ballot, but who did not receive a ballot paper, participate in the industrial action?
Yes, provided they work for an employer covered by the dispute.
G13. Can teachers who join the NASUWT after the ballot has closed take part in the industrial action?
Yes, provided they work for an employer covered by the dispute.
G14. Is the NASUWT campaigning with other unions?
The NASUWT remains committed to working closely with other public sector unions, including other teacher unions, to protect the interests of teachers, headteachers and other public service workers.
G15. Why didn't the Union just ballot for strike action?
The NASUWT’s starting position is that we want to use the action to support members to ensure the provision of high-quality education. The focus will therefore be on action short of strike action where the purpose is to enable teachers to work effectively to raise standards.
Action short of strike action will be pupil, parent and public friendly - nothing in the action short of strike action will damage children’s education.
Strike action is an important option to have but the NASUWT believes that it should be utilised and only when and where it is necessary and appropriate to do so.
Including action short of strike action in the NASUWT industrial action strategy allows far more flexibility and will keep parents and the public on board than just taking days of strike action.
The NASUWT has a track record second to none in taking intelligent industrial action and winning. We are confident that our strategy will achieve results.
G16. Teachers in some schools have been told that the school does not recognise the NASUWT and therefore members cannot take part in industrial action. Is that correct?
No. Whether or not your employer recognises NASUWT is irrelevant. The dispute is with the Ministers of the Crown in England, Northern Ireland, Scotland and Wales. The relevant legislation confirms that a dispute with a Minister of the Crown will be treated as a dispute with the employer where the dispute relates to matters which cannot be settled without the minister exercising a power conferred on him/her by legislation. Recognition of the union does not alter this position.
G17. Why did the NASUWT ballot its members for industrial action?
The NASUWT is a pragmatic trade union.
It is also an apolitical union and as such is committed to seeking to working constructively with all governments, regardless of their political colour.
The NASUWT has endeavoured for the last eighteen months, since the General Election, to work constructively with all governments across the UK, including attending meetings, responding in detail to formal consultations and sharing information and research findings.
We have highlight the potential and actual impact of the education policies which have been developed and are planned but despite this teachers have been subjected to relentless attacks through reforms and cuts.
For example, these attacks include:
- a two year pay freeze;
- proposals to force teachers to work until they are 68;
- proposals to increase pension contributions by up to £100 per month;
- abolition of national negotiating machinery, removing the opportunity for concerns regarding pay and conditions of service to be discussed;
- job loss and jobs under threat as a result of cuts and curriculum change;
- spiralling workload pressures, as a result of changes to inspection and accountability and burgeoning bureaucracy;
- failure to ensure teachers receive their contractual entitlements.
As a result of these attacks, half of teachers are seriously considering quitting teaching altogether, two thirds feel professionally disempowered and over 97% do not believe government policies will raise standards of education.
More adverse changes are planned, therefore, there is no alternative than to ballot members for a collective dispute arising from actual and proposed changes introduced by governments which affect adversely the working conditions of NASUWT members and undermine their ability to work effectively to raise standards.
The current dispute seeks to resolve four main issues:
- adverse changes affecting teachers’ pensions;
- adverse changes affecting teachers’ workloads;
- adverse changes affecting teachers’ terms and conditions (including pay and pay progression); and
- adverse changes affecting teachers’ job security.
G18. I am a supply teacher, eligible to participate in the ballot. How will the industrial action affect my work?
If you work on daily supply the action will not prevent you from working normally.
If you are on a long term placement in a school covering for example a maternity leave or long term sick leave, you would be able to participate with colleagues in the action short of strike action.
Supply teachers are likely to have an increase in work as a result of teachers based in schools refusing to cover as part of the action short of strike action. Supply teachers would be able to accept such employment without being in breach of the action.
G19. I have been asked once a term to evaluate the work of other teachers with responsibilities for science teaching and I am expected to do this on a Saturday, do I have to do this?
Even before the action short of strike action instructions from the NASUWT were issued, you could not be required to do this on a Saturday. If this task has to be done then you should be allocated time within school sessions to undertake this work.
G20. What is a school session?
The Education(School day and school year) England Regulations 1999 state that each day on which a school opens shall be divided into two sessions with a break in the middle of the day. The sessions are the times when the school expects pupils to be present.
G21. What rights do members have if they participate in industrial action?
Some employers may take a hostile view of industrial action. There is absolutely no reason why they should consider participation in action to be inappropriate or unprofessional.
There is a legal entitlement for teachers and other workers to be engaged in lawful industrial action. The NASUWT has taken detailed legal advice to ensure that its ballot and proposed action meets the provisions of the legislation and therefore members are protected by the lawful ballot.
If your employer makes hostile comments or seeks to put pressure on you as a result of the ballot being called then you should advise your employer that:
- you have a legal and democratic right to ballot and take action;
- the action is national and is nothing personal to them as an employer but is the only vehicle by which the trade dispute with the Minister of the Crown can be addressed and resolved;
- the action is focusing on supporting teaching and learning
The NASUWT will strongly defend any members who are threatened as a result of participating in the ballot and subsequent action.
G22. My school is in special measures is it exempt from the action short of strike action instructions?
No. The action short of strike action instructions are about working to contract to raise standards. Schools in special measures need even more to focus on supporting teaching and learning and therefore the instructions apply. If there are any particular issues about the application of the instructions then further advice and support should be taken from your NASUWT local association or National Executive.
Information to support activists in answering queries about strike action by other unions in London on 28 March
The NUT and UCU have announced that they will be taking strike action in London only on 28 March in support of their pensions campaign.
The following FAQs should assist you in answering members’ queries.
What is the NASUWT doing on 28 March?
The NASUWT has been taking continuous industrial action to defend pensions, pay, jobs and working conditions since 30 November, following its successful national ballot for industrial action.
The NASUWT took strike action on 30 November and began action short of strike action on 1 December. The NASUWT is the only union to have been in continuous industrial action since 30 November.
On 28 March, NASUWT members across the country, including London, will continue to take action short of strike action, which is enabling members to protest to government about the unacceptable attacks on teachers.
In addition on 28 March, NASUWT members in London will ensure that they do not undertake any work normally carried out by members of other unions who have chosen a different form of action.
Detailed information about what to do when members of other unions are taking different action is on the NASUWT Industrial Action website.
Why is the NASUWT not taking strike action on 28 March?
The NASUWT continues to pursue an industrial action strategy that has been endorsed by members through a national ballot for industrial action, opinion surveying of members and regular and ongoing consultation with members through local, regional and national meetings.
The NASUWT members in the lawful ballot for industrial action, endorsed a strategy of a combination of continuous action short of strike action and strike action.
The NASUWT has determined that at this stage calling members out for a day of further strike action, in addition to the protest that they already making through their ongoing action short of strike action on pensions, pay, jobs and working conditions is unnecessary.
What is the NASUWT doing about the pensions contributions rise in April?
In addition to the extensive campaigning the NASUWT has undertaken over the last two years to defend teachers’ pensions, and ongoing legal action, the industrial action already taken by NASUWT members since 30 November has stopped the government from imposing in one go, a much higher level of pension contribution increases in 2012/13. The NASUWT has continued to oppose the imposition of any contribution increases unlike the ATL.
NASUWT campaigning and industrial action has also secured discussions on a fairer distribution of contributions for subsequent years, so that those that earn the most pay the most.
If the NASUWT has not signed up to the Final Agreement on Teachers’ Pensions, what further action is the Union going to take?
The NASUWT action short of strike action will continue.
The NASUWT will continue to pursue the legal action it has lodged against the government on the valuation of the Teachers’ Pension Scheme. The NASUWT is the only union to have mounted a legal challenge against the DfE on its failure to conduct an Equality Impact Assessment and as a result the DfE has been forced to put forward detailed proposals for an assessment which if conducted appropriately could lead to changes in the Final Agreement. Whilst the legal challenge the Union mounted on the change from RPI to CPI has not be upheld in the Court of Appeal consideration is being given to referring the issue to the Supreme Court.
The NASUWT has written to the Secretary of State setting out its ongoing concerns about the pension reforms. This letter can be found on the NASUWT industrial action website.
The NASUWT will continue to participate in any sector discussions on the Teachers’ Pension Scheme and in the central government discussions on public service pensions to continue to press for changes to the government’s pensions’ reforms.
Information will be distributed in the next few days to NASUWT workplace representatives/contacts to ensure that schools failing to comply in full with action short of strike action instructions are clear that unless the position is rectified will face an escalation of action.
In addition the NASUWT National Executive and Annual Conference in April 2012 will be considering the next phase of the industrial action strategy to defend pensions, pay, jobs and working conditions.
What else has been achieved on pensions by the NASUWT’s industrial action strategy?
Full details of the NASUWT’s campaign and the progress made have been regularly distributed to members through the NASUWT Pensions’ Latest and NASUWT Action Latest. All of these can be found on the NASUWT Industrial Action website, www.nasuwt.org.uk/IndustrialAction.
Key changes secured include:
- protection on the current scheme for those within ten years of retirement;
- an additional 3.5 years tapered protection;
- postponement of the legislative process for changing the pension scheme until an Equality Impact Assessment, critical for part-time teachers, women, disabled and other under-represented groups, has been completed;
- delayed imposition of the 3.2% increase on pensions contributions.
NASUWT Action Advice Line: 0121 457 6292
Website: www.nasuwt.org.uk/IndustrialAction
