Instructions for members undertaking industrial action short of strike action in schools in England from Monday 18 September
From 18 September 2023
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The NASUWT National Action Committee is initially instructing members in all eligible schools to limit their working time by working to rule in the following ways, which are within and subject to their contractual obligations, including teacher and headteacher members:
1. Refuse to undertake inappropriately directed duties outside school session times (ASOSA Schools England)
Members will not attend more than one meeting each week outside pupil session times, lasting no more than one hour, without consultation or agreement with the NASUWT.
Members will not undertake directed duties, including attendance at meetings or training, outside school session times on weekdays in circumstances that would require the teacher to:
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perform duties specified by their employer for more than 1,265 hours in the school year (pro rata for teachers working part time);
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breach their right to a satisfactory work/life balance; or
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exceed the 48-hour working time limit (Working Time Regulations 1998).
If it is unclear whether the time to perform the duty in question is within the 1,265 hours, members should request their employer to provide a copy of the directed time calendar and perform the duty only if their employer confirms to the member that the time is included within the 1,265 hours of directed time.
2. Refuse to be directed to undertake extracurricular activities (ASOSA Schools England)
Members will refuse to be directed to undertake extracurricular activities, unless these have been specified and allocated within the annual 1,265 hours of directed time (pro rata for teachers working part time).
If it is unclear whether the time to perform the duty in question is within the 1,265 hours, members should request their employer to provide a copy of the directed time calendar and perform the duty only if their employer confirms to the member that the time is included within the 1,265 hours of directed time.
Where members volunteer freely to undertake extracurricular activities and have not been placed under pressure to do so, the action short of strike action instructions are not intended to prevent those activities from continuing.
3. Refuse to be directed to undertake midday supervision of pupils (ASOSA Schools England)
Refuse to be directed to undertake midday supervision of pupils unless that is required by and remunerated under a separate non-teaching contract.
4. Refuse to be directed to undertake any work-related tasks or activities during their lunch break (ASOSA Schools England)
Where a member is required to be available for work for more than one school session on any school day, members will take one break of reasonable length each day, for at least 30 minutes, either between school sessions or between the hours of 12 noon and 2pm.
Members shall refuse to be directed to undertake any activities during their lunch break.
5. Refuse to be directed to undertake work-related tasks or activities on weekends or bank holidays (ASOSA Schools England)
Members will refuse to be directed to undertake directed work-related tasks or activities, including planning, marking, or sending/responding to work-related emails on weekends or bank holidays or to the extent that would deprive the teacher of a satisfactory work/life balance, unless the teacher’s contract expressly provides for this.
6. Refuse to undertake any other duties during planning, preparation and assessment (PPA) time (ASOSA Schools England)
Members will carry out planning, preparation, marking and assessment activities during their timetabled PPA time and will refuse to carry out any other duties, including supervision of pupils and attendance at meetings, during their timetabled PPA time.
7. Refuse to cover for absence other than in circumstances that are not foreseeable (ASOSA Schools England)
Cover for absence is not an effective use of teachers’ time. With the exception of teachers who are employed wholly or mainly for the purpose of providing cover, members will refuse to be directed to cover for absent colleagues in circumstances that are foreseeable.
Absence occurs when the person who has been timetabled to take a particular class or group is absent. The type of absence could be for a variety of reasons, including internal and external activities, as well as sickness. It could be short-term or long-term.
Foreseeable circumstances for a school will include events that may be anticipated on the basis of historical experience, events that are foreseeable in the normal experience, e.g. sickness absence, maternity leave, and events that may be expected as part of the evolving pattern of provision, e.g. educational visits.
8. Refuse to undertake routine administrative and clerical tasks (ASOSA Schools England)
Members will refuse to routinely participate in administrative, clerical and organisational tasks which do not call for the exercise of a teacher’s professional skills and judgement, including those associated with the arrangements for preparing pupils for external examinations such as invigilation.
An illustrative list of tasks that members should not undertake is available separately on the right/below.
9. Refuse to co-operate with mock inspections (ASOSA Schools England)
Members will refuse to co-operate with mock inspections or ‘mocksteds’ or activities not required for the purpose of statutory school inspection.
10. Refuse to cooperate with inappropriate planning, marking and data management policies, practices and initiatives that have not been workload impact assessed and the subject of consultation or agreement with the NASUWT (ASOSA Schools England)
Members will not implement any new planning, marking or data management policies, initiatives or working practices which have not been the subject of consultation or agreement with the NASUWT.
Members will not comply with any existing or new marking and assessment policy, including homework policy, which has not been the subject of consultation or agreement with the NASUWT and which does not comply with the principles of effective marking as set out in the report of the independent Reducing Teacher Workload: Marking Policy Review Group.
Members will not co-operate with the preparation of lesson plans in a format that has been predetermined by the school or that has not been the subject of consultation or agreement with the NASUWT.
Members will not collect data outside the school’s assessment and data management calendar that has also been the subject of consultation or agreement with the NASUWT.
Voluntary activities
The action short of strike action is designed specifically to tackle the issues of excessive teacher workload. Where members volunteer freely to undertake extracurricular activities and have not been placed under pressure to do so, the action short of strike action instructions are not intended to prevent these from continuing.
Extracurricular activities include school teams, music/drama productions and clubs.
Where members make a professional judgement and volunteer freely to undertake any activities outside their directed time, these may continue.
Where a member intends to withdraw from activities that they have previously volunteered to undertake, they should inform the headteacher as soon as possible.