Industrial Action - Frequently Asked Questions, Wales

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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. 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.

CO3. 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.

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.

CO10. 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.

CO11. 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.

CO12. The local authority is proposing to undertake a departmental review in my school.  included in the review will be classroom observation of the teachers in the department.  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 can participate in discussions with those conducting the review.  However, the meetings must be held in accordance with the national instructions on the school calendar and must not encroach upon lunch breaks or PPA time. 

Members should not agree to additional classroom observation to inform the departmental review. If information on classroom practice is required,  observations which have taken place for the purposes of your performance management can be used to inform the review without the need for teachers to be subjected to additional observation.

CO13. My headteacher is organising a mock Estyn inspection and says that all staff will be having additional classroom observations as part of that.  Is this covered by the national action instructions?

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.

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 AND MANAGEMENT TIME 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. 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. 

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.

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. 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.

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. 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.

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. 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.

G8. 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.

G9. 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.

G10. 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.

G11 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.

G12. 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.

G13. 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.

G14. 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.

G15. 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.

G16. 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.

G17. 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.

G18. 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.

G19. 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.

G20. 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.

G21. My school is in special measures is it exempt from the action short of strike action instructions?