FAQ on Strike Action

Created on: 12 Feb 2025

Q1. Why am I being called out on strike on February 20th?

Q2. Why February 20th?

Q3. Who will be called out on strike?

Q4. I voted against strike action - should I go on strike?

Q5. Is this strike action lawful?

Q6. Am I breaching my contract by going out on strike?

Q7. Can I be dismissed for taking strike action?

Q8. Do I lose continuity of service by going out on strike?

Q9 What do I do on a strike day?

Q10. Why is our school picket important?

Q11. Does the EIS issue guidance on picketing?

Q12. My school branch does not have a rep, who would be our Picket Supervisor?

Q13. If there is a problem on any picket line, who do I contact?

Q14. Will the EIS be sending placards to the school for picketing? 

Q15. As a teacher, I believe that striking disrupts pupils’ learning and should be avoided at all costs.

Q16. Do I get Strike Pay and how much will each strike day cost me?

Q17. I am a supply teacher, should I be on strike too?

Q18. I am a supply teacher, and I was not given a ballot paper in the recent statutory ballot – should I go on strike too?  

Q19 I am a supply teacher, will I get paid if I do not work or turn down work on a strike day?

Q20. I have a job share, and the strike day is my day of work. Will I lose my day’s pay whilst my job share partner will not?

Q21. Does the EIS issue strike exemptions to some members?

Q22 Why are there exemptions for Maternity / Adoption / Surrogacy?

Q23. If I am exempted for a half-day trip – what should I do for the other half of the day?

Q24. How do I apply for an exemption?

Q25. I have been told that members who are about to retire are exempt from strike action.

Q26. Can I take money out of my pension to cover the lost salary for a strike day?

Q27. Can I buy back the pension service lost on a strike day?

Q28. My employer has told me that it has applied for an exemption on my behalf and therefore I should not be carrying out strike action.

Q29. I have no rep in my school, how can I have a members’/branch meeting?

Q30. Are independent schools covered in the statutory ballot?

Q31. What are the other teacher trade unions doing?

Q32. Why aren’t we out on strike with other trade unions?

Q33. Will the other trade union members or other staff pick up my work on a strike day?

Q34. We have a parents’ evening meeting on a strike day...

Q35. I am not sure my details are up to date.

Q36. Are probationer teachers included?

Q37. Will the strike action affect my completion of the Teacher Induction Scheme or the Flexible Route (i.e. probationary period)?

Q38. If I join the EIS before the strike would I be included in the strike mandate – i.e. could I strike and be protected by the EIS mandate?

Q39. Could supply teachers be called to “cover” striking colleagues?

Q40. Does the EIS give each school or Glasgow City Council a list of members’ names?

Q41. My headteacher has asked me if I am going to go on strike – Do I have to tell her/him?

Q42. I am a headteacher and keyholder for my school, should I advise the Council or arrange for a colleague to be a temporary keyholder?

Q43. I am being asked by the local authority to prepare remote/online learning activities for pupils to undertake from home on the strike day. Is this acceptable?

Q44. Do I have to tell my school after the strike that I have been on strike?

Q45. Can I talk to my pupils about industrial action?

Q46. I refuse to strike – will I be expelled from the EIS?

Q47. Will the day of strike action affect my paternity pay/leave?

Q48. I am a student teacher and a member of the EIS. How does the strike affect me?

Q49. I am a trainee educational psychologist undertaking the MSc or the QEP (Qualification in Educational Psychology) and a member of the EIS. How does the strike affect me?

Q50. I am an IMT teaching both primary and secondary pupils – when do I strike?

Q51. I have been granted an exemption from striking but would like to donate to the Strike Hardship Fund to support the wider action. How should I do this?

Q52. Do I need to pay tax on Strike Pay or Strike Hardship or otherwise record it on a tax return?

Q53. Why hasn't the EIS considered adding a "work to rule" to the strike action?

Q54. I am booked onto a CPD/CLPL course/training day, can I apply for an exemption?

Q55. Is it correct that the Scottish Government has agreed on some extra funding for 2025-26 with COSLA for Education?

 

Q1. Why am I being called out on strike on February 20th?

The EIS has lodged a trade dispute with Glasgow City Council regarding the 450 teachers’ posts it is cutting between 2024 and 2027. The Council has refused to budge, despite a national agreement between the Scottish Government and COSLA which should have resolved the dispute. 

The EIS has obtained an industrial action mandate through the statutory ballot result that closed on February 4th.  We hoped that the credible threat of industrial action would focus minds at Glasgow City Council to resolve the dispute. The Council has refused to budge and therefore we will be taking a programme of strike action to persuade them to stop the cuts and replace the teachers’ posts that they cut last year.  

 

Q2. Why February 20th?

The Council has an important budget meeting on the 20th of February and the ballot dates were planned to facilitate teachers to strike and protest on that day if possible. If this does not persuade the Council, further strike dates will be arranged.

 

Q3. Who will be called out on strike?

All EIS members employed by Glasgow City Council will be called out on strike on 20th February.

The only members of the Glasgow Local Association that will not be on strike are those members who have a different employer – such as an independent school. 

 

Q4. I voted against strike action - should I go on strike?

Yes, you should. Trade unions are democratic bodies and act for the collective good.  The ballot was carried out independently and the result reflects the membership's mood as a whole.

 

Q5. Is this strike action lawful?

Yes, because the EIS carried out a lawful statutory ballot for strike action that was overseen by an independent scrutineer. Furthermore, the EIS has issued the required statutory strike notice to Glasgow City Council and complied with all the steps required to call lawful strike action.

 

Q6. Am I breaching my contract by going out on strike?

Yes, any industrial action is a breach of contract as you are withholding your labour.  However, your breach of contract (i.e. strike action) is protected by law as we have obtained a lawful strike mandate.

 

Q7. Can I be dismissed for taking strike action?

You can’t be legally dismissed for taking strike action, if:

  • It is called by your union as a result of a properly organised ballot
  • It’s about a trade dispute between workers and their employer (e.g. about your pay or terms and conditions)
  • A detailed notice about the industrial action (which is legally required) has been given to the employer at least 14 days before it begins.

You are therefore protected from dismissal on grounds related to the strike action for the first 12 weeks of the strike, thereafter, in theory, an employer may dismiss you if they have made an effort to resolve the dispute. The EIS will be handling relevant negotiations and adapting the industrial action strategy as required, in accordance with the law.

There have been a few occasions where private companies have taken advantage of the law to intimidate striking workers. It would be unprecedented for any EIS member to be disciplined or dismissed by the Council for taking strike action, and we would fight any such victimisation of an EIS member robustly – using all the tools at our disposal including strike action and legal action.


Q8. Do I lose continuity of service by going out on strike?

No. Your service is not broken or reset by carrying out strike action – even if you were out on continuous strike action for 12 weeks.

You do not however accrue service on days of strike action – in effect, your service will be paused on the day before the strike and resumed the day after the strike without a break, i.e. it is not reset.

 

Q9 What do I do on a strike day?

Whilst your time is your own on a strike day, we hope that you will join a picket line in the morning and the local EIS rally arranged around lunchtime. The rally will be calling on Councillors to stop the cuts and reinstate the cut posts.

 

Q10. Why is our school picket important?

Technically, the role of an EIS picket is to:

  1. Communicate information to members, pupils, parents/carers and other third parties.
  2. Persuade EIS members to abstain from work, i.e. to not cross the picket line.

In reality, picketing forms several other functions too:

  1. Brings striking members together to form a sense of camaraderie, which is beneficial to the Branch.
  2. Allows social media activity to be generated.
  3. Shows to Glasgow City Council that the strike is well-supported and strong.
  4. Shows to other members and other staff that the strike is well-supported and strong.
  5. Allows members to discuss the ongoing dispute and often meet full-time officials or elected leaders.

 

Q11. Does the EIS issue guidance on picketing?

Yes, we do, it may be found on our website here

 

Q12. My school branch does not have a rep, who would be our Picket Supervisor?

Your branch should make arrangements to elect or appoint one of you as a Picket Supervisor and she/he should email strike@eis.org.uk asap so that we can send a Picket Supervisor letter to you.

We have also "nominated" members and asked them to be a picket supervisor where there is no rep/picket supervisor at present. To do this randomly, we have nominated the member whose surname comes first in the alphabet. If this member cannot do it, and if there is no other member able to do it then please contact you LA Secretary, Jane Gow GlasgowLA@eis.org.uk. In such circumstances, you may be better to join another picket line in Glasgow.

 

Q13. If there is a problem on any picket line, who do I contact?

You should contact LA Secretary, Jane Gow  GlasgowLA@eis.org.uk, who may then contact HQ.

 

Q14. Will the EIS be sending placards to the school for picketing?

Yes, we will be, but we also encourage members to put their stamp on the picketing and produce their own! Look back to photos of the 2022 Pay Attention strikes in Glasgow for inspiration!

  

 Q15. As a teacher, I believe that striking disrupts pupils’ learning and should be avoided at all costs.

The EIS only carries out strike action as a last resort.

Ultimately, despite extra Scottish Government funding for Councils like Glasgow City Council to restore teacher numbers to 2023 levels, Glasgow City Council is refusing to do so.

The EIS believes that these cuts will cause significantly more long-term damage to teachers and pupils, than a few days’ strike. These strikes are therefore in the long-term interest of both teachers and pupils and will also dissuade the Council from making more education cuts in the future.

 

Q16. Do I get Strike Pay and how much will each strike day cost me?

EIS strike pay will be paid as it is a local dispute. EIS Strike pay will cover ½ of your net daily pay that is deducted.

A top of the main-scale teacher will have around £110 deducted for every day of strike action.

 

Q17. I am a supply teacher, should I be on strike too?

Yes, if you are contracted to work on a strike day.

 

Q18. I am a supply teacher, and I was not given a ballot paper in the recent statutory ballot – should I go on strike too?

Yes, legally we could only ballot you if you had advised us that you were working at the time or when the strike action was scheduled. The strike mandate produced by the ballot applies to all EIS members working in Glasgow schools including supply teachers who are due to be working on strike days. The mandate will also apply to new EIS members, i.e. those who joined after the statutory ballot.  

 

Q19 I am a supply teacher, will I get paid if I do not work or turn down work on a strike day?

No, no member taking strike action will be paid on a strike day. However, supply teachers are eligible for strike pay for work that they have lost due to strikes.

 

Q20. I have a job share, and the strike day is my day of work. Will I lose my day’s pay whilst my job share partner will not?

Yes, you may lose pay whilst your job share partner does not on this first day. Other strike days will be rotated, so it will likely average out by the end.

 

Q21. Does the EIS issue strike exemptions to some members?

Yes, members can apply for an exemption and if granted, they will not be required to engage in the strike action.

We will provide an automatic exemption for all members who are less than 23 weeks pregnant on any strike day as participation could impact their Statutory Maternity Pay (SMP).  For strike action scheduled to take place in February 2025, this exemption will apply to any pregnant member who has an expected date of childbirth on or after 4th June 2025 or any member who will adopt or have a surrogate baby on or after 4th June 2025 as set out below.  If this applies to you, you can request confirmation of exemption here.

We may also provide exemptions for members who have arranged trips (residential or day) for which pupils have already paid or who have pre-approved special leave arising from personal circumstances, for example, to attend a funeral. For all exemptions (other than those related to maternity/adoption/surrogacy) please apply here.

Exemptions can only be granted by a trade union and have no legal or contractual status.

If you decide to use your exemption, you will have to report to work in the way that has been advised by your Council/Head Teacher for those not engaging in strike action.  Your confirmation of exemption can be shared with your colleagues/School Rep at your own discretion.

 

Q22 Why are there exemptions for Maternity / Adoption / Surrogacy?

Teachers’ Occupational Maternity Pay and SMP are paid according to a pregnant worker’s average weekly wage in the 8 weeks preceding 15 weeks before the EWC (expected week of childbirth). It is unclear whether employers will calculate maternity pay on notional or actual salary but to ensure that affected members are protected, an exemption will be provided to those who have an EWC from 4th June 2025 onwards.

For EWCs before 4th June it would be the December and January pay that would be used to calculate SMP. i.e. striking from the planned 20th February will not affect the maternity pay of those with a EWC of before 4th June.

The same principle applies to adoption leave and surrogate leave – any member expecting to adopt or start surrogacy leave from 4th June 2025 is entitled to an exemption.

The EIS position on exemptions for maternity/adoption/surrogacy is based on the fact that strike action from the w/b 17th February 2025 may have a disproportionate effect on leave pay for those members with an EWC, adoption or surrogacy on or after 4th June 2025.  A full-time teacher at the top of the main grade scale, for example, could potentially lose around £21 per week in SMP payments in the first 6 weeks of their maternity leave.

It is not for your employer or SMT to determine whether you apply for/use an exemption. It is a personal decision.

If your EWC is before 4th June 2025, there will be no impact on your maternity leave or pay entitlement and you will not be eligible for an exemption from participation in strike action. This is because your maternity pay has already past the point at which it is calculated.

 

Q23. If I am exempted for a half-day trip – what should I do for the other half of the day?

You should be on strike and refuse to do any work-related activity for that half of the day.

 

Q24. How do I apply for an exemption?

For all members who are pregnant and expecting a child on or after 4th June 2025, or who will adopt or have a surrogate baby on or after 4th June 2025, you can request confirmation of your exemption here.

For all other exemptions, please apply here.

For example, exemptions will normally be provided for members who have arranged trips (residential or day) for which pupils have already paid or who have pre-approved special leave arising from personal circumstances, for example, to attend a funeral.

If you decide to use your exemption, you will have to report to work in the way that has been advised by your Council/Head Teacher for those not engaging in strike action.  Your confirmation of exemption can be shared with your colleagues/School Rep at your own discretion.

 

Q25. I have been told that members who are about to retire are exempt from strike action.

No, there is no strike exemption issued based on imminent retirement or pension access.

All employed members currently accrue pension benefits in a CARE (Career Average Revalued Earning) STPS scheme administered by the SPPA, and each member will lose the pension amount corresponding to each day of strike action. The pension loss is small. For a top of the main-scale teacher, each strike day will lead to a pension reduction of around £3.16 per year.

Members in service before 2015 may have a "final salary" pension element under the previous STSS scheme administered by the SPPA. The pension accrued in this will be unaffected by strike action as there is no more service accrual for this.

 

Q26. Can I take money out of my pension to cover the lost salary for a strike day?

The Scottish Public Pensions Agency offers no facility to access pensions in this way.

The earliest teachers can take benefits from the scheme is when they reach the age of 55, unless they are granted ill-health retirement benefits.

 

Q27. Can I buy back the pension service lost on a strike day?

No, the SPPA will not allow this.

 

Q28. My employer has told me that it has applied for an exemption on my behalf and therefore I should not be carrying out strike action.

Only EIS members may apply for an exemption to the Union and only for themselves. We will not be issuing any exemptions via employers.

 

Q29. I have no rep in my school, how can I have a members’/branch meeting?

Ideally, you should self-organise and set up a meeting yourselves to agree on picketing arrangements on strike days, and to nominate a "picket supervisor."

In the absence of a rep, the EIS will nominate the member whose surname comes first in the alphabet to be the branch's picket supervisor. If the member is unwilling and/or the branch nominates another member then the nominated person should inform the EIS at strike@eis.org.uk.

Contact Jane Gow your LA Secretary GlasgowLA@eis.org.uk or Dee Matthew your EIS Organiser DMatthew@eis.org.uk, if you have any specific queries.

 

Q30. Are independent schools covered in the statutory ballot?

No.

 

Q31. What are the other teacher trade unions doing?

No other trade union has an industrial action mandate to pursue this dispute against teacher cuts in Glasgow- none of them will be on strike.

 

Q32. Why aren’t we out on strike with other trade unions?

Other trade unions have decided not to carry out statutory ballots to try and obtain an industrial action mandate to save teachers’ jobs in Glasgow.

 

Q33. Will the other trade union members or other staff pick up my work on a strike day?

No, other trade unions advise their members not to pick up work done by a striking worker.

 

Q34. We have a parents’ evening meeting on a strike day...

Being on strike means that you should not do any work that day including attending any meeting such as a parents' evening.

Your School rep will negotiate, via a Working Time Agreement mechanism, an alternative time/date for a parents’ evening with the Headteacher that she/he is happy with. If there is a congested timetable of events within the “remaining time” then another planned event will need to be cancelled to allow for the re-arranged parents' evening.

 

Q35. I am not sure my details are up to date.

Login to MyEIS via the EIS website and update your details.

 

Q36. Are probationer teachers included?

Yes, since probationers are Glasgow City Council employees.

 

Q37. Will the strike action affect my completion of the Teacher Induction Scheme or the Flexible Route (i.e. probationary period)?

It should not do so; if there is a risk that it will be affected, owing to exceptionally high rates of absence due to other factors, then we would grant such probationers an exemption.

The TIS allows probationer teachers to be considered for Full Registration with GTCS within one school year (190 teaching days). Over this period, it is acknowledged that a probationer may be absent from school for a range of reasons, such as maternity or paternity leave, illness or jury duty. Provided the probationer does not miss more than 20 days of their placement, they can still successfully complete probation and be eligible for full registration with GTCS.

It is clear, therefore, that for the majority of probationers, participation in the planned strike action will not affect the completion of the TIS.

However, some probationers, who are nearing the 20 day absence limit, may be particularly anxious about taking industrial action as this would increase their absence rate. We want to reassure those members that the Institute will not jeopardise their position and will automatically grant an exemption from participation in these circumstances.

We would also advise probationer teachers to closely monitor their absence levels throughout the industrial action and to contact strike@eis.org.uk seeking an exemption if they are concerned that they are approaching the 20 day absence limit.

Similarly, if any probationer teachers are following the flexible route and are nearing the five year deadline for completion, please contact strike@eis.org.uk seeking an exemption.

 

Q38. If I join the EIS before the strike would I be included in the strike mandate – i.e. could I strike and be protected by the EIS mandate?

If you join the EIS with a completed online form, then membership kicks in the following working day.

If you join the EIS by or on February 19th then you will be covered by our strike mandate for the following day's strike action.

 

Q39. Could supply teachers be called to “cover” striking colleagues?

No, EIS members who are supply teachers will also be called on to strike (i.e. to refuse work) on strike days. No EIS member should do work normally done by an EIS member who is on strike.

No EIS member could be reasonably asked or instructed by a local authority to strike break for another EIS member.

 

Q40. Does the EIS give each school or Glasgow City Council a list of members’ names?

No, we’ve given the Council the information required by law; the number of members per workplace who are teachers (inc Principal, Headteachers etc) and who are associated professionals.

 

Q41. My headteacher has asked me if I am going to go on strike – Do I have to tell her/him?

No, you should not inform your school of your intention to take strike action. The EIS has already given notice with all the required information to your employer – there is nothing else any individual member needs to do.

 

Q42. I am a headteacher and keyholder for my school, should I advise the Council or arrange for a colleague to be a temporary keyholder?

The EIS has already given notice with all the required information to your employer – there is nothing else any individual member needs to do.

As a keyholder, you may choose to inform your Council, however, you are not legally required to make any personal notification to the Council as you are covered by the EIS strike notice given to your Council.

You should not make alternative arrangements for the "key", as this may undermine the strike and it is for your Council to make any alternative arrangements. 

 

Q43. I am being asked by the local authority to prepare remote/online learning activities for pupils to undertake from home on the strike day. Is this acceptable?

As a striking worker, you cannot be asked to put measures in place to compensate for the fact that you will be withdrawing your labour on the strike day.

Colleagues who are not striking should not be asked to deliver learning and teaching from home. A strike day is not a national crisis of the kind of the pandemic and all covid-related provisions have been withdrawn. Teachers cannot be directed to use their homes as workplaces.

Regardless, teachers or other staff who are not on strike, should not be asked to carry out duties that would otherwise have been undertaken by striking colleagues. This includes teaching pupils who are not in their usual classes. This applies whether working in school buildings, at home or another place of a teacher’s choosing.

 

Q44. Do I have to tell my school after the strike that I have been on strike?

If you are asked by your employer after the strike if you carried out strike action then you should say "yes", but only after the strike.

 

Q45. Can I talk to my pupils about industrial action?

Teachers can answer pupils’ questions and provide factual information on the dispute and strike action. Care must be taken to ensure that pupils are not being asked to take "sides" in the dispute.

EIS reps will liaise with parent councils and forums about the dispute.

 

Q46. I refuse to strike – will I be expelled from the EIS?

It is unlawful for trade unions to discipline members for breaking trade union solidarity by refusing to strike.


Q47. Will the day of strike action affect my paternity pay/leave?

No, there will be no effect on paternity pay/leave entitlement.


Q48. I am a student teacher and a member of the EIS. How does the strike affect me?

Students are not Council employees and thus are exempted from the strike. If school buildings are open, student teachers should attend in the usual way but should not be asked to, nor should they, undertake duties of striking colleagues.

If school buildings are closed and student teachers are working from a place of their choosing, they should not be asked to, nor should they, undertake the duties of striking colleagues. The EIS would expect that during strike days, student teachers will work on planning lessons, their student profiles and any relevant course assignments. Students should also check with their TEIs.

Q49. I am a trainee educational psychologist undertaking the MSc or the QEP (Qualification in Educational Psychology) and a member of the EIS. How does the strike affect me?

Trainee educational psychologists in Year 1 and Year 2 are not Council employees. Accordingly, they are exempted from the strike. If you are on a placement and Council buildings are open, trainee educational psychologists should attend in the usual way but should not be asked to, nor should they, undertake duties of striking colleagues.

If Council buildings are closed and trainee educational psychologists are working from a place of their choosing, they should not be asked to, nor should they, undertake duties of striking colleagues. The EIS would expect that during strike days, trainee educational psychologists will do coursework, their student profiles and any relevant course assignments. Students should also check with the University of Dundee.

Trainee educational the psychologists in Year 3 undertaking the QEP are Council employees and therefore take part in the strike. 

 

Q50. I am an IMT teaching both primary and secondary pupils – when do I strike?

All EIS members who are employed by Glasgow City Council will be called out on strike). This includes IMTs.

 

Q51. I have been granted an exemption from striking but would like to donate to the Strike Hardship Fund to support the wider action. How should I do this?

You can make donations to the Strike Hardship Fund by paying into a designated EIS Bank Account with Unity Trust Bank (Sort Code: 60-83-01 Account Number: 20315704). Please include your name and/or EIS number in the description field for your payment.

Q52. Do I need to pay tax on Strike Pay or Strike Hardship or otherwise record it on a tax return?

No - these amounts are not taxable or reportable to HMRC.

 

Q53. Why hasn't the EIS considered adding a "work to rule" to the strike action?

A "work to rule" and all other collective acts require a statutory ballot for us to implement lawfully as they are industrial action short of strike action (ASOS). Our statutory ballot only covered us for strike action – as we thought this was the best type of industrial action for this dispute.

 

Q54. I am booked onto a CPD/CLPL course/training day, can I apply for an exemption?

No, we do not provide exemptions for this type of work-related activity.

  

Q55. Is it correct that the Scottish Government has agreed on some extra funding for 2025-26 with COSLA for Education?

Yes, more details may be found here: https://www.gov.scot/publications/education-agreement-with-cosla/

"Local Government and Scottish Government are committed to working together to restore teacher numbers to 2023 levels next year and freeze learning hours which will support the learning experience for pupils across Scotland. Both Local Government and the Scottish Government have also agreed to make meaningful progress towards reducing class contact time for teachers, in recognition of the asks made by teachers and teaching unions.

"Medium- and long-term joint workforce planning will take into account the importance of responding to issues including different local needs.

"In order to support each of these measures, the Scottish Government is increasing the funding available to local government to £186.5m, and will issue £145.5m to local government in full this financial year."