FAQs | HGS Strike

The entire EIS membership has been called out on strike on May 19 (as well as 30th and 31st, so far). The purpose of the strike action is to put pressure on the School to change its mind about withdrawing from the STPS teachers pension.

Although the School have said notice has been given to the STPS about withdrawal, your contracts do not change until August and withdrawal does not take place until then. There is still time for the School to change its mind.

Striking is the last resort as the School has not listened to all other entreaties. The stronger the strike turnout the more likely it will shorten the strike programme. We have emailed all members individually to confirm their strike day with them.

Q2. 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. The subsequently called strikes apply to all members who are HGS employees.

Q3. 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 the School and it has not been challenged or interdicted.

Q4. 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.

Q5. 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. 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 in Scotland 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.

Q6. 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 19th May and resume on 22nd May without a break, i.e. it is not reset.

Q7. What do I do on a strike day?

Your time is your own on a strike day. You can spend the time doing whatever you wish (except activity related to work). We hope that you will join a picket line in the morning and the local strike hub.

Q8. Why is our school picket important?

Technically, the role of an EIS picket is to:

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

In reality, picketing forms several other functions too:

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

Q9. Does the EIS issue guidance on pickets?

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

Q10. The School has asked me to leave for pupils , should I do so?

No, you will not be working nor be paid whilst on strike. There is no need for you to carry out work in advance of the strike for any pupil/class or after the strike to catch up.

Q11. The School has asked me to confirm whether I will be striking?

You do not need to advise the school in advance that you will be striking since we have provided the legal notice required on your behalf. By law, we do not need inform the school of individuals by name – simply the number of (teacher) members per workplace.

Q12. Will the EIS be sending placards to the school for picketing?

Yes, we will be, but we also encourage members to put their own stamp on the picketing and produce their own!

Q13. What are "strike exemptions" and can I apply for one?

Trade unions issue exemptions to members to allow them to cross the picket line on strike days. We will provide exemption for teachers who are on school trips and who are within the first five months of pregnancy (as the strike may affect maternity pay). If a member wishes to attend school to support pupils sitting an exam on a strike day then we will also consider exemption requests for that purpose – but not for any teaching. Email Sarah Collins for more information.

Q14. Will the EIS be paying strike pay for strike days?

Yes, we will be paying 50% of members net salaries. We will send members the weblink to the claim form shortly. You may make a claim for the first day after May 20th.

Q15. I have heard that other teachers will cover my class on strike days.

Trade unions that are members of the TUC or STUC do not cover for work that is not being carried out by strike action. The EIS would expect NASUWT and SSTA to advise their members, including supply teachers, that may be called in to break the strike.

Q16. How much will each strike day cost me?

Each strike day is deducted at 1/365th of your annual salary. However, as the tax, national insurance and pension deductions are not made then the net effect is less than 1/365th of your gross salary.

Q17. I am a supply or fixed term 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 HGS. 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.

Q20. 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.

Q21. Can I buy back the pension service lost on a strike day?

No, the SPPA will not allow this.

Q22. 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.

Q23. Why aren’t we out on strike with other trade unions?

The NASUWT chose not to strike on May 19 but will be joining us on following days.

Q24. 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.

Q25. I am not sure my details are up to date.

Q26. Are probationer teachers included?

Yes, since probationers are HGS employees.

Q27. 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 completion of the TIS.

Q28. 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 by or on May 18 then you will be covered by our strike mandate.

Q29. 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). 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.

Q30. 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 or council 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.

Q31. I am being asked by the School 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 or at home or another place of a teacher's choosing.

Q32. 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.

Q33. Can I talk to my pupils about industrial action?

Teachers can answer pupils' questions and provide factual information on the dispute and strike action. Extreme caution should be exercised on this with HGS as it may be sensitive to members speaking to pupils.

Care must be taken to ensure that pupils are not being asked to take "sides" in the dispute.

Q34. 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.

Q35. Will the day of strike action affect my paternity pay/leave?

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

Q36. Does the EIS give the School a list of members' names?

No, we give Councils the number of members per workplace who are teachers (inc principal, headteachers etc) and who are associated professionals.