Industrial action - frequently asked questions, Scotland

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.

INSPECTION

***I1. My school is to be inspected, not by HMIE but by internal inspection carried out by employees of the Local Authority. As part of the inspection teachers will be observed and then those carrying out the inspection will expect to met with the teachers to discuss the observation. Will this be affected by the action short of strike action instructions?

These arrangements must be discussed with members and the NASUWT representative. The meetings would be additional to teachers' work and therefore  arrangements must be made to identify where the time will come from to enable these to take place.

COVER

 

ACTION SHORT OF STRIKE ACTION GENERAL QUESTIONS

G1. 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.

G2. 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.

G3. 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.

G4 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.

G5. 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.

G6. 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.

G7. 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.

G8. 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.

G9. 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.

G10. 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.

G11. 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.