Dealing with strike action in schools
On the 16 January 2023, the NEU announced the required ballot threshold for strike action had been met and subsequently declared 7 days of strikes to follow.
To date, the strike action has undoubtedly already had a significant effect on many schools across England and Wales. The first of the strike dates took place on the 1st February 2023, and left more than half of the schools in England with no other option than to close in their entirety or partially close.
Three consecutive days of regional action commenced in England on the 28th February, 1st March and 2nd March, with a further two consecutive dates set to affect all schools in England and Wales on the 15th and 16th March. Schools should therefore prepare to face further disruption in the coming weeks.
As the first widespread industrial action in a number of years, many education settings were unaware of the effects that the planned strike action would have. Education Secretary Gillian Keegan shared her praise to those within the sector for their efforts and work to keep schools open where possible.
As the NEU continue their actions in a bid to send a strong message over teachers’ pay and the lack of funding in the education sector, as the last round of pay increases came direct from schools, the strike action remains an emotive topic for many business leaders and headteachers. The government’s latest position is that negotiations are being taken ‘very seriously’ and conversations regarding pay, workload, recruitment, retention and more are currently ongoing with unions.
The strike action has also emphasised potentially flaws in the legislation on industrial action in schools, in its current form. The Education Secretary admitted being surprised to learn that teachers were not legally bound to inform their school whether they planned to attend work on the day of the strike and felt it was unreasonable for teachers to fail to announce their intentions to walk out. The law on industrial action may see reforms in the future, that oblige teachers to inform head teachers of their intention to strike. In the meantime, with the next strikes dates fast approaching schools are encouraged to ensure plans remain in place to deal with the industrial action.
Key considerations include:
• What remaining strike dates will you be affected by? Whilst some of the remaining strike dates are national, others are regional, and you should understand what dates you are affected and those you are not;
• Try and determine how many staff are to be absent on the remaining strike dates. Previous strike dates may provide a good indication of this, but remember teachers are able to participate in the remaining strike dates regardless of whether they previously chose to.
• Consider how you will cover those absences. Can lessons be taught by other members of staff or classes be brought together? If large numbers of staff are set to be on strike you may need to consider restricting attendance for some pupils. In this case consideration should be given to which pupils are to be prioritised;
• Continue lines of communications with NEU representatives and to try and deal with matters effectively;
If you require any assistance or advice in dealing with industrial action, please contact Ruth Rule-Mullen on 07976275555.
Forbes Solicitors
