Members will be aware that the EIS has recently conducted a successful ballot and intends to induce its members to take industrial action.
Key advice for NASUWT members is set out here. More detailed guidance in response to some frequently asked questions, including that for headteachers and other senior leaders, is on the UK advice page When Other Unions Take Industrial Action.
The legal position
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It is unlawful for any member of NASUWT to take industrial action where NASUWT has not given a specific notice to the employer advising that action will be taken.
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There is no requirement or obligation for NASUWT members to advise their employer whether they will be in work or not ahead of the day of any strike action nor to divulge their union membership.
However, if asked and they are happy to do so, you can-
make clear to the headteacher that they will be reporting for work, to their usual workplace, as normal; and
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make clear that they will not accept any variation to their contracted duties and/or undertake the timetabled or other responsibilities of those engaged in action, including taking into their timetabled lessons pupils from classes of teachers who are involved in strike action.
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Closure of the school
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In the event of strike action, headteachers will need to make a judgement about whether the school can remain fully open, partially open (i.e. some year groups/classes sent home) or will close.
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Under health and safety legislation, your employer has a legal duty to ensure that your school is safe to open. Your employer is required to provide to all staff a risk assessment which confirms the measures that will be taken to keep your workplace safe at all times.
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If a school cannot confirm that it is able to maintain safe staffing levels on the day of a strike, it should be closed.
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Where members have concerns that a suitable risk assessment is not in place prior to the day of any strike action, they should contact NASUWT immediately.
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Where a school remains fully open but some members of teaching staff are on strike, NASUWT members must not cover the work of other employees who are taking part in official industrial action. Cover refers to taking a class or group assigned to another teacher who is absent for any reason.
Any attempt by an employer to seek to undermine industrial action by asking NASUWT members to undertake the work of other colleagues would constitute strike breaking and would be unreasonable and unacceptable.
If a member is instructed to cover another class by the headteacher, they should protest, ask the headteacher to put the instruction in writing and provide the cover. They should, however, notify NASUWT immediately. Members should not put themselves at risk of disciplinary action by refusing to follow an instruction of the headteacher. -
Where a school remains partially open and certain classes/year groups are sent home, NASUWT members should not agree to timetable variations to accommodate classes or pupils who would normally have been taken by those taking strike action. NASUWT would also need to establish with the headteacher that members who are working with their normal classes in school will be able to access all the necessary services to ensure the health, safety and welfare of themselves and the pupils.
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If the decision is made to close the school, the headteacher must decide whether it is closed only to pupils. Staff not involved in strike action should report to work or remain at home if directed by the headteacher to do so.
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NASUWT members should follow the instruction of the headteacher in this matter. However, NASUWT does not believe it makes much sense for those not taking action to be instructed to attend school if all pupils are remaining at home. If there is any risk to safety as a result of the instruction of the headteacher, members should contact NASUWT immediately.
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In circumstances where pupils are remaining at home and staff are being asked to report to work, NASUWT would need to be satisfied that the work that members would be directed to undertake in school in the absence of pupils would not constitute any element of work which would normally be undertaken by a member of staff on strike and also that the work they are being directed to do is reasonable and commensurate with their contract. There should be no expectation placed on NASUWT members to teach or set and/or mark the work of pupils they would not normally teach who are at home due to the absence of members of other unions who are taking industrial action. Contact should be made immediately with NASUWT for advice if members have any concerns about the work being allocated to them in school.
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If the school is closed, you can be directed to work from home. You would need to be satisfied that the work you would be directed to undertake would not constitute any element of work which would normally be undertaken by a striking colleague and also that the work you are being directed to do is reasonable and commensurate with your contract. There should be no expectation for NASUWT members to set or mark work or teach the pupils of those teachers from another union(s) who are taking industrial action.
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There is no automatic obligation on teachers providing work for their pupils at home to do this via live streamed lessons. Remote learning can be organised asynchronously, where pupils engage with work set in advance by their teacher or through access to recorded resources.
There is a wide range of existing resources available to support provision on this basis. The content and nature of this work should be determined through the exercise of the teacher’s professional judgement.
Where a school or employer proposes that live streamed lessons are used to deliver remote learning, NASUWT is clear that such a proposal would only be reasonable if all the provisions set out in the Checklist for the Use and Management of Live Streaming are in place. -
NASUWT members should not suffer any salary deduction if the school closes.
Picket lines
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Where a union taking strike action establishes a picket line, refusal to cross it would render a teacher who is not a member of a union taking strike action liable to disciplinary action, including the deduction of salary, as it would be considered participating in unlawful industrial action.
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The single exception to this is where there are genuine grounds to believe that crossing the picket line would put the person concerned at risk of injury.
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In these circumstances, NASUWT members should contact the headteacher or, if the headteacher is not available, an appropriate senior person in the school or an appropriate person in the local authority. They should also contact NASUWT to advise what has taken place and to seek further advice or support.
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In all other circumstances, members should cross the picket line having assured those picketing that they will not undertake work those on strike would normally have carried out.
Staff employed to provide cover
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If an NASUWT supply teacher is contracted in to do short-term supply work on the day of a strike by another union(s), they will be subject to deployment by the headteacher and NASUWT would not advise them to refuse to cover even if they are deployed to cover a class/group affected by the industrial action.
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If an NASUWT supply teacher is covering the timetable of someone on long-term absence, e.g. sickness or maternity leave, they should work their normal timetable and they should decline to be reallocated to another class or group if one they were normally timetabled to teach is not in school because of the strike action. If a member is instructed to cover another such class by the headteacher, they should protest, ask the headteacher to put the instruction in writing and provide the cover. They should, however, notify NASUWT immediately. Members should not put themselves at risk of disciplinary action by refusing to follow an instruction of the headteacher.
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If an NASUWT member has a specific contract which is wholly or mainly to provide cover for absence, they will be subject to deployment by the headteacher and NASUWT would advise them to provide cover, even if it is for a class/group affected by the industrial action.
Working Time Agreement/School Calendar
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The annual Working Time Agreement/School Calendar schedules key events such as parents’ meetings, school meetings, etc., which have been consulted on and agreed with the recognised trade unions and staff prior to the summer break. This allows staff to plan their own activities and commitments.
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This agreement should not be subject to change, including as a consequence of industrial action, without the express agreement of teacher trade unions in the school.
Closure of my child’s school/college
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Notice of the closure of a child’s school may not be given to parents until the week of any strike. Given this, a member may not know the situation in advance and whether or not they are required to take leave to care for their child if their child’s school is closed.
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If the school is closed, members are advised in the first instance to see if the school has a leave of absence policy that permits time off for dependants. Many schools do give discretionary paid leave for one to five days. The member would then have to request leave from the school.
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If there is no such policy/provision, members are entitled to take statutory unpaid leave for dependants.
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Some schools might seek to prevent teachers with caring responsibilities from taking the necessary leave, citing the fact that action by another union is foreseeable. However, NASUWT believes this is wholly unacceptable given that many parents and children will not be aware of the situation in advance.
If members have other queries that are not addressed here they should email the Scotland Centre or call 0131 226 8480.