In line with ACAS guidance on industrial action, employees who take part in lawful strike action are protected in law, although they are not entitled to pay for the period, they are on strike. Schools should therefore ensure accurate records are kept of any staff who do not attend work on the strike day, with appropriate pay deductions applied (typically processed in a later payroll run).
For operational planning, schools should note that staff are not required to inform the school in advance if they intend to strike, although it is permissible for leaders to ask in order to support contingency planning. Employees who are not participating may be asked to assist with alternative duties, provided this is reasonable, within their competence, and safe; however, they cannot be compelled to cover the work of striking colleagues. Non-union members may also take part in official industrial action and will generally have the same legal protections.
Where an employee reports sickness on the day of industrial action, this should be managed carefully and consistently. Any sickness absence covering the strike day should be supported by appropriate medical evidence (for example, a fit note) in order for occupational sick pay to be payable.
Looking ahead, schools should also be aware of a potential further UNISON ballot in relation to the 2026/27 NJC pay award. UNISON is currently seeking an increase of £3,000 or 10%, whichever is greater, on all NJC spinal column points, backdated to 1 April 2026. Until agreement is reached, a trade dispute remains in place with employers who adopt NJC terms and conditions.
In addition, the position of teaching unions remains under review. Any decision by NASUWT and NEU to pursue industrial action will be dependent on the outcome of the School Teachers’ Pay and Conditions Document and confirmation of the final teacher pay award. At present, no final decision has been confirmed.
Full ACAS guidance can be accessed here:
https://www.acas.org.uk/strikes-and-industrial-action/strikes
If you would like support with contingency planning, communications, or any issues arising from the strike action, please do not hesitate to get in touch.
