FAQs on taking strike action

This means all school teachers, including principal, depute headteachers and headteachers. It also includes all associated professionals (i.e. music instructors, educational psychologists, senior educational psychologists, depute principal educational psychologists, principal educational psychologists, education support officers, quality improvement officers and quality improvement managers)

It will cover all schools and educational workplaces where staff paid on SNCT terms as outlined above, are employed.

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 Council employees and are paid on SNCT scales – i.e. those listed in Question 1.

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 notices to all local authorities as employers.

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. The EIS nationally 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 Councils 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 the day before the strike and resumed the day after the strike 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 any local EIS rally arranged around lunchtime.

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 here.

Q10. 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. In order 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 your LA Secretary. In such circumstances, you may be better to join another picket line or local lobbying event.

Q11. If there is a problem on any picket line, who do I contact?

You should contact your Local Association Secretary who may then contact HQ.

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! Look back to photos of the 2018 demonstration in Glasgow for inspiration!

Q13. Are there template placards that we can download?

Yes, you will find some here.

Q14. My school will be closed on the strike day – should we still picket the school?

The default is “yes”. The EIS encourages picketing of all workplaces during strike action for the reasons set out in the picketing guidance.

If, however, a branch does not wish to mount a picket in front of a school that has closed then they are free not to do so.

Q15. Can the Scottish Government and COSLA “impose” a pay offer for teachers?

Legally, yes they could but it would undermine the agreement that they have made to collectively bargain and agree pay with teachers and associated professionals. In reality, imposition would have no effect on the strikes as strikes are invariably resolved with an agreement between the parties – which would overtake the amount imposed.

Q16. How much will each strike day cost me?

A top of the main-scale teacher will have around £106 deducted for every day of strike action.

Each strike day is deducted at 1/235^th of your annual salary. However, as the tax, national insurance and pension deductions are not made then the net effect is less than 1/235^th of your gross salary.

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 schools and paid on SNCT scales 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.

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 January and February 2023, this exemption will apply to any pregnant member who has an expected date of childbirth on or after 4^th June 2023, or any member who will adopt or have a surrogate baby on or after 4^th June 2023 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 is 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 4^th June 2023 onwards.

For EWCs before 4^th June it would be the December and January pay that would be used to calculate SMP and after 5^th November it would be the June and July payments. So, these are the relevant dates to cover the proposed strike days from 22nd February to 21^st April 2023.

The same principle applies to adoption leave and surrogate leave – any member expecting to adopt or start surrogacy leave from 4^th June 2023 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 27^th February 2023 may have a disproportionate effect on leave pay for those members with an EWC, adoption or surrogacy on or after 4^th June 2023. A full-time teacher at the top of the main grade scale, for example, could potentially lose £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 2023, 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.

If your EWC is after w/b 5th November 2023, there will be no impact on your maternity leave or pay entitlement and you can decide not to apply for an exemption or not to use an exemption already granted and join colleagues in taking strike action in support of our pay claim.

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 7^th May 2023, or who will adopt or have a surrogate baby on or after 7^th May 2023, 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.

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 your LA Secretary or Organiser, if you have any specific queries.

Q30. Are independent schools covered in the statutory ballot?

No. Whilst many independent schools' teacher salaries track SNCT agreed salaries they are not part of the SNCT collective bargaining arrangements. We are therefore not in dispute with any independent school, and thus they were not balloted and do not have a strike mandate.

Q31. What are the other teacher trade unions doing?

We understand that the AHDS has accepted the pay offer – possibly as the "cap" element of the recent improved offer has moved from £60k to £80k (as the EIS argued against a differentiated offer). The SSTA has also indicated that it will accept the recent improved offer.

The SLS will not be on strike since they did not achieve a strike mandate in their statutory ballot.

We understand that the NASUWT will be taking similar strike action to the EIS on both days this week.

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

We have sought to work with all the trade unions and coordinate our strike plans with them in advance. In recent days both AHDS and SSTA have stated that they will accept the recent improved offer.

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.

Q36. Are probationer teachers included?

Yes, since probationers are Local Authority employees and their pay is determined by the SNCT.

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 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 over the course of 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 27th 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 local authority 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.

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 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.

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 or 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. Will the EIS be paying strike pay for every day of strike action?

No. National strike action cannot be funded as it would be financially unsustainable.

The EIS will operate its “Hardship Fund” to support members that are disproportionately affected by the strike action. For example, part-time staff or supply teachers who lose a week’s wage if the strike corresponds to the only day/one of the few days that they work in a week.

Q46. 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.

Q47. 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.

Q48. Will the day of strike action affect my paternity pay/leave?

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

Q49. I am a student teacher and a member of the EIS. How does the strike affect me?

Students are not Council employees and are not paid on the SNCT scale – 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 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.

Q50. 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 and are not paid on the SNCT scale. 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 University of Dundee.

Trainee educational the psychologists in Year 3 undertaking the QEP are Council employees. However, they are not paid on the SNCT scale; they are financed by a specific grant. Accordingly, they are exempted from the strike. If council buildings are open, Year 3 educational psychologists should attend in the usual way but should not be asked to, nor should they, undertake the duties of striking colleagues.#

If council buildings are closed and Year 3 educational psychologists 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, Year 3 educational psychologists will work on their portfolios and any relevant course assignments.

Q51. I am an IMT teaching both primary and secondary pupils – when do I strike?

All Council staff that have their pay negotiated at the SNCT will be called out this week – i.e. 28 February (Tuesday) and 1 March (Wednesday). This includes IMTs.

Q52. I am a music teacher (GTCS registered), not an IMT, who teaches both primary and secondary pupils. Which day should I strike?

All Council staff that have their pay negotiated at the SNCT will be called out this week – i.e. 28 February (Tuesday) and 1 March (Wednesday). This includes music teachers.

All Council staff that have their pay negotiated at the SNCT will be called out this week – i.e. 28 February (Tuesday) and 1 March (Wednesday). This includes outreach teachers.

Q54. I have been granted an exemption from striking but would like to make a donation to the Strike Hardship Fund in order 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.

Q55. 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.

Q56. I am a member in an area undertaking targeted strike action. How quickly will the EIS process strike pay payments?

Members may choose to submit a claim for strike pay after each of the 3-day targeted strike action periods using the online form; https://www.eis.org.uk/content/strikepay The EIS commits to processing these claims as quickly as possible.

Q57. As the SSTA and AHDS have accepted the offer, how does that affected the pay dispute and EIS strike action?

The EIS has more headteachers in membership than the AHDS, and more secondary teachers in membership than the SSTA. The EIS has a majority of the seats on the SNCT collective bargaining body. There can be no agreement at the SNCT or resolution of the dispute without the EIS agreement.

Q58. As the SSTA and ADHS have accepted the offer, when a further improved offer materialises, will SSTA and AHDS also benefit?

Yes, they will.

Q59. Why hasn't the EIS considered adding a "work to rule" or SQA boycott to the strike action?

A "work to rule" and all other collective acts require a statutory ballot in order for us to implement lawfully as they are industrial action short of strike action (ASOS). There are advantages and disadvantages to ASOS, and the Executive was clear that strike action is both the most collective, simple and clear industrial action to carry out during this stage of the campaign.

Q60. Isn't asking members to consider not signing up to be SQA markers a type of ASOS?

No, it is not since the EIS is not calling on members who have agreed to do SQA work to do anything – only those who have not (yet) signed up for SQA work.

The targeted strike action was an escalation aimed at Scottish Government decision makers who can resolve this dispute. A small number of members were on strike, and as it was extra strike action compared to the rest of the EIS, the Executive decided to pay full strike pay for their three days of strike action in mid February and a further three days in early March.

Whilst the EIS can afford to pay 100% pay for targeted action, it cannot fund the salaries of all Scotland's teachers. We do, however, have generous hardship support.

Q62. Is it correct that the Scottish Government had some extra funding for 2022-23 from the UK Government?

Yes, the Scottish Government recently received an extra £125m due to "Barnett Consequentials" and an additional £21m from a "forecasting error."

Strike FAQs