Teachers Strike Action 24 November 2022

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Information for Education Staff on the planned strike action on Thursday 24th November:

FAQ’s for Teachers Strike Action


When is the strike?
The strike will commence on 24 November 2022 for 1 day.

What services and workplaces are affected?

All Schools within the authority.


For School Based Staff:

I am participating in strike action, who and when do I need to inform of this?
Your manager is entitled to ask you if you are intending to participate in strike action. Although you
are not obliged to inform anyone in advance that you intend to take strike action.


What actions do I need to take if I have participated in strike action?
You are required to advise your line manager that you have participated in strike action immediately
upon your return to work after the relevant strike days. Your line manager will complete a form
advising of your participation and the hours you missed.


I am a teacher planning to strike on 24th November 2022, will I be paid?
No, employees taking part in industrial action will lose a day’s pay calculated in accordance with
their Conditions of Service.


Will the strike day affect my pensionable service?
Time lost to industrial action does not count as pensionable service. Employees will therefore not
pay pension contributions for the day of unpaid strike action, and this will not be counted in pension
benefit calculations. Detailed advice and guidance on pension issues can found at Industrial action
SPPA
.


I am a non-teaching employee, what should I do on 24th November 2022?
All employees who are not involved in the industrial action should report to their normal place of
work at their usual time.


Will there be picket lines on the day, and can I cross them?

It is possible that pickets may be present at Schools. By law, any picket may pass on (in a peaceful
manner) information to other employees who choose to receive it. Picketing staff may ask non
participating employees to stop so that they can receive this information.

There is no compulsion on the individual to receive or act on such information. Employees on picket lines have no right to impede your access to your place of work and if you are working as normally on the days of the strike action you should walk past the picket line and report to work as normal.


If I chose not to cross the picket line what will the implications be for me?
You should be aware that a refusal to cross a picket is not regarded as legitimate reason for failure to
attend work. Accordingly, the Council will need to consider employees whose only reason for
absence is refusal to cross a picket line as taking unlawful industrial action and can lead to pay for
that day being withheld.


What if I am unable to access my place of work?
In the unlikely event that this occurs you should call the HR Advice line on 01546 605513 (option 2)
and explain the circumstances. This will allow you to be provided with advice regards any other
action you should take and if you are still unable to attend work this to be recorded and payment to
be made.


I am a teacher but do not plan on striking on 24th November 2022, what should I do?
You should attend work as normal.

Only in the unlikely event that your normal place of work is closed you should look to attend another
Council School/office or work from home if able to do so.

If you are unable to do the above, you should call the HR Advice line on 01546 605513 (option 2) and
explain the circumstances. This will allow you to be provided with advice regards any other action
you should take and if you are still unable to attend work this to be recorded and payment to be
made.


I am a Supply Teacher and have been asked to work that day, what should I do?
If you wish to work that day you should attend the school as normal and will be paid for the hours
you were asked to work. If you chose not to attend as there will be no pupils in school, then you will
not be paid.


I am a teacher planning to strike on 24th November 2022, will this break my continuity of
employment?

No, time spent on strike will not affect your continuous service.


I am a teacher/ school-based non-teaching employee, what happens if I phone in sick on 24th
November 2022?

There will be no entitlement to sickness allowance if an employee is sick during a stoppage at work
due to a trade dispute.

Payment for a sickness absence day will normally only be made for those employees who are already
on sick leave supported by a medical certificate. The facility to “self-certify” absence will not be
available on any days earmarked for strike action or for any subsequent strike action.


I am a teacher, can I use Special Leave on a strike day?
Special leave will not be authorised to teachers for the day of strike action. However, anything
agreed prior to 10th November will still be granted.


Can I be disciplined for taking strike action?
No disciplinary proceedings will be brought against workers because they took part in industrial
action. However, acts of misconduct during the strike (such as violence, intimidation, harassment or
damage to property) should be subject to the normal disciplinary procedures.


I am a teacher or school based non-teaching employee not planning on striking but my child is in a
school affected by the strike, what should I do?

If you are unable to make alternative childcare arrangements, you would need to take unpaid leave.


I am non-teaching staff based in the school my child attends, what should I do?
You would be required to take unpaid leave if you are unable to make alternative childcare
arrangements.


For all other Non-School based staff (not Teachers):
I am a non-teaching employee, what should I do on 24th November 2022?
All employees who are not involved in the industrial action should report to their normal place of
work at their usual time.


I am non-teaching staff who is not school based and my child’s school will be closed on 24th
November 2022 due to the strike, what should I do?

If you cannot arrange childcare for that day and will need time off, you will need to discuss with your
line manager and look at taking annual leave or flexi or unpaid authorised absence.


I am non-teaching employee not based in a school, what happens if I phone in sick on 24th
November 2022?

Normal attendance rules will apply

Guidance Note: Arrangements for dealing with employees taking part in strike action
In preparation for potential industrial action in the form of strike action by the Teaching workforce across Argyll and Bute, this guidance note has been prepared for management and promoted posts to enable a consistent and lawful application of practice during this period.

As a basic guide employees will probably be taking part in industrial action if they:
– Collectively withdraw their labour
– Refuse to undertake some of their duties
– Refuse to carry out reasonable instructions
– Take part in a sit-in, go-slow or work to rule
– Take part in picketing

We have been notified of planned strike action on 24th November 2022 In the event of this industrial action going ahead, the following arrangements will be applied:

Pay
Pay deductions made as a response to employees taking part in strike action or industrial action short of a strike are excluded from the unlawful deduction of wages provisions in the Employment Rights Act.

Employees taking part in industrial action will lose a day’s pay calculated in accordance with their Conditions of Service, pro-rated in respect of part time employees. This should also be applied to other staff who do not present themselves for work on the day of action.

For the avoidance of doubt, the pay deduction for Teachers is 1/235 or, in the case of part-time/job share employees, 1/1645 times the daily hours worked (SNCT Handbook, Part 2, Section1, para 1.8).

Although taking part in a strike does not necessarily break an individual’s continuity of employment, any time spent on strike will not count toward the qualifying period for certain statutory rights, such as qualifying for a redundancy payment or presenting a claim of unfair dismissal.


Argyll and Bute Council will put in place a reporting mechanism to ensure that the payroll team know exactly who is on strike so that the appropriate deductions from salary can be made. You will find this attached as FORM SA1 – Strike Action Control Form.


Sick Pay
There will be no entitlement to sickness allowance when an employee is sick during a stoppage at work due to a trade dispute.
Payment for a sickness absence day will normally only be made for those employees who are already on sick leave supported by a medical certificate. The facility to “self certify” absence will not be available on any days earmarked for strike action or for any subsequent strike action.

If an employee reports as sick on a day notified as incurring strike action, managers will have to make a judgement, based on evidence provided, whether sickness allowance should be paid.

If the evidence is absent or unsatisfactory, the absence will normally be treated as unauthorised. This should be notified to HR for collation of data.


Special Leave
Special leave should not be granted to employees for this day, except for any which have been pre-authorised before the date the industrial action was announced (10 November 2022).


Central SNCT Employees
There will be no ability to work from home on any strike day. Employees will be expected to attend the workplace as defined or agreed with your line manager.


Discipline
It is not advised that disciplinary proceedings should be brought against workers because they took part in industrial action. However, acts of misconduct during the strike (such as violence, intimidation, harassment or damage to property) should be subject to the normal disciplinary procedures.


Pensions
Time lost to industrial action does not count as pensionable service. Employees will
therefore not pay pension contributions for the day of unpaid strike action, and this will
not be counted in pension benefit calculations.

Whilst a strike breaks the contract of employment it does not break the continuity of
employment if the employee returns to work after the strike ends.
Detailed advice and guidance on pension issues can found at Industrial action | SPPA


Return of property
Managers may wish to ensure that employees who retain council equipment as part of their normal duties return the property before they take industrial action. This could include, for instance, employees who hold keys to council buildings, and may help to aid appropriate contingency planning arrangements.


Planned Activities
Some activities which you may have planned for 24 November, may have to be rearranged or rescheduled. That will of course be a matter for you, as the overall manager of the establishment to decide.


Non-teaching Staff
Non-teaching staff are asked to attend work as normal.

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