Strike Action in Schools 2023

The days that it has been announced that this will take place are currently Wednesday 1 February, Thursday 2 March, Wednesday 15 March and Thursday 16 March 2023.

Overview

Headteachers can request staff inform them of their intentions on the strike days, however there is no obligation on staff to do this. Membership of the NEU varies from school to school and we are aware that the NEU is actively recruiting new members to support the action before the deadline of Wednesday 1 February 2023, which means the number of members may increase.

You may have already been informed by individuals of their intention to take strike action, but in any event staff proposing to take strike action should be informed that if they do not attend work they will be in breach of contract and they will have salary deducted. This will be on the basis of 1/365th of a year’s pay for every day of industrial action.

You will need to notify your payroll provider so that salary deductions can be made as soon as possible after the industrial action.

It is reasonable for HTs to ask for volunteers to cover for absent colleagues. HTs however do need to be aware there is no obligation on staff to do this and they may be advised by their own union or professional association not to support in this way. We would advise schools not to create unnecessary conflict on this issue and try and find other ways to manage gaps in provision.

In line with the recent DfE update on the strike action, you are asked to take all reasonable steps to keep schools open for as many pupils as possible. If numbers of staff on strike means a headteacher must temporarily prioritize places they should, where possible, apply the principles set out in the separate emergency planning and response guidance. In addition, in these circumstances, to prioritizing vulnerable children and young people and children of critical workers, schools should consider prioritizing pupils due to take any form of formal assessment. The DfE is also stating that where schools must restrict attendance they should consider providing remote education in line with providing remote education: guidance for schools

It is for HTs to make the decision about what is best for their school, based on using a robust risk assessment process which assesses the potential level of disruption. If you think that as a result of the industrial action you may need to close or partially close the school you must consult your Area Education Officer before making the final decision to close the school.

On the day of the strike action, please inform your AEO, by email, of the numbers of staff taking action.

Key points

1. HTs can ask other teachers if they will volunteer to cover for absent colleagues, but that they cannot direct and should not pressurize staff to do so. (P5: “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, however, they cannot be compelled to provide cover for other teachers during industrial action”.)
2. HTs can direct staff such as cover supervisors, PPA cover teachers and HLTA who usually provide cover to step in for striking staff (P6: “Cover supervisors, or teachers who are employed wholly or mainly to provide cover and are not taking industrial action themselves, can be directed to provide cover during industrial action by teachers or non-teaching staff”.) However, these staff may be advised not to do so by their own union.
3. In the event of a need for a partial closure, schools can modify timetable arrangements to bring classes together, as long as they can do so safely. (P6: “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”, and P8: “There is no legal requirement to teach the curriculum on strike days”).
4. Schools may now choose to engage supply teachers to cover for striking colleagues. (P7: 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.) This does, of course, depend on the availability of supply teachers.
5. If a school has to be partially closed, schools should:
   1. Consider providing some form of remote education, including using an external provider such as BBC Bitesize. (P9: “Where schools must restrict attendance, they should consider, where possible, providing remote education”.)
   2. Seek to provide lunch parcels to those eligible for Free School Meals. (P9: “In the event that the school delivers remote education, and where pupils are eligible for benefits related free school meals, schools should work with their school catering team or food provider to ensure that a good quality lunch parcel is made available”.)
   3. Seek to give priority to vulnerable children and young people and children of critical workers (P10) and those about to take public examinations (P10).

More detailed guidance on industrial action is available on Kelsi.

If you have any queries, please contact your HR or Personnel or Payroll provider.

DfE Guidance

You will have received the DfE guidance to support your planning for the NEU strike actions.