- When are the strikes due to take place?
The NEU has said seven days of teacher strike action will take place in February and March this year. The full list of projected strike days is as follows:
- Wednesday 1 February – all eligible members in England and Wales
- Tuesday 14 February – all eligible members in Wales
- Tuesday 28 February – all eligible members in the North, North West, and Yorkshire and the Humber regions of England
- Wednesday 1 March – all eligible members in the East Midlands, West Midlands and East regions of England
- Thursday 2 March – all eligible members in the South East, South West and London regions of England
- Wednesday 15 March – all eligible members in England and Wales
- Thursday 16 March – all eligible members in England and Wales
- Do staff have to be a member of NEU to strike?
Yes. Only NEU Teachers are allowed to strike on this occasion as their ballot met the threshold.
- Will NEU support staff be called to strike?
No.
- Do striking staff have to strike on every day they are asked to do so by the union?
No. They can choose how many days to participate in
- Do striking staff receive pay?
No. Striking employees are not entitled to be paid for any period during which they are on strike.
- How is a day’s pay calculated?
In accordance with the ‘Conditions of Service for School Teachers in England and Wales’ commonly known as ‘The Burgundy Book’ a day’s pay is 1/365th of a year for each day of the period of absence.
- How is pension affected?
Strike days do not count for reckonable service purposes within the Teachers’ Pension Scheme. The Teachers’ Pensions website provides guidance on how to record strike days, which should be as “days excluded”, to ensure that pension cover is adjusted appropriately. There is no ability under TPS for a teacher to buy back lost days. The strike days will not be a break in service.
Support staff in the LGPS can buy back the amount of pension lost by choosing to pay extra contributions, known as Additional Pension Contributions (APCs).
- Can an employee be asked whether they are in a union and if they intend to strike?
Yes. While employees are not required to tell their employers whether they intend to take strike action, employers are able to ask staff in advance if they intend to strike to enable them to plan how to manage the strike. If an employee refuses to say if they intend to strike this could have an effect on cover requirements as the absence would be unforeseen and their non-striking teacher colleagues could be directed to provide cover. (see question 9 below). We have also drafted a letter to send to staff, to download please click HERE.
- Can other teachers be asked to cover for striking colleagues?
Headteachers may ask other teachers to cover the classes of those taking industrial action. Where teachers are employed under the School Teachers’ Pay and Conditions Document (STPCD), however, they cannot be compelled to provide cover for other teachers during industrial action:-
52.7. Teachers should be required to provide cover in accordance with paragraph 50.7 only rarely, and only in circumstances that are not foreseeable (this does not apply to teachers who are employed wholly or mainly for the purpose of providing such cover).
Cover supervisors, or teachers who are employed wholly or mainly to provide cover and are not taking industrial action themselves, can be directed to providecover during industrial action by teachers or non-teaching staff.
- Can support staff be asked to cover for striking colleagues?
The Specified Work Regulations 2012 do not prevent schools from using support staff to provide cover supervision or oversee alternative activities. Support staff are able to carry out ‘specified work’ provided they are subject to the direction and supervision of a qualified teacher, and the headteacher is satisfied that they have the skills required to carry out the work.
The Regulations also allow schools to employ industry experts without qualified teacher status as instructors where specialist qualifications and experience are required.
Schools may choose to bring together groups and classes with teachers and support staff working together, as long as pupils’ health and safety is ensured. For pupils older than seven there are no set ratios for the number of staff required to supervise pupils on site.
Headteachers may ask other teachers to cover the classes of those taking industrial action. Where teachers are employed under the School Teachers’ Pay and Conditions Document (STPCD), however, they cannot be compelled to provide cover for other teachers during
- Can we use agency staff to provide cover?
Yes. Following the repeal of Regulation 7 in July 2022, it is now possible for employers to engage with agency staff to replace the work of those taking official strike action.
- Can we ask striking teachers to provide planned work for the class?
Yes, but there is no obligation on them to do so.
- If a striking teacher loses out on PPA time do we have to provide it on an alternative day?
The NEU website says:-
There is no requirement for your head teacher to allow you to postpone your PPA time if you withdraw your labour on the day that it was timetabled.
The STPCD states that PPA time must be provided in units of not less than half an hour during the school’s timetabled teaching week and must amount to not less than 10% of the teacher’s timetabled teaching time.
- What if I have childcare issues on the day of strikes due to my child’s school closing?
Ask staff to try and find someone to look after their child so that they can attend work, if this is not possible and their child’s school closes without advanced warning, the Time Off for Dependants rules will apply. This gives staff reasonable time off to deal with an emergency involving a dependant; pay during this type of leave is discretionary.
The Gov guidance is here:-
Handling strike action in schools (publishing.service.gov.uk)
