Created on: 02 Mar 2012 | Last modified: 16 Nov 2015
1. What is involved in taking strike action?
2. Who is eligible to take industrial action?
3. I’m not eligible to be in either of those schemes. Would I be expected to take industrial action?
4. Can you join the EIS today and still take part in the strike action?
5. Can my employer sack me for taking strike action?
6. What is the effect on pay of taking strike action?
7. What is the effect on pay if the strike day is on a ‘short day', ie where schools work an asymmetric week?
8. Does a day of strike action count as a break in my employment?
9. What is the legal position?
10. Do I have to inform my employer/head teacher that I am going to take strike action?
11. Do I have to inform my employer/head teacher if I am not going to take strike action?
12. Should probationer teachers take strike action?
13. If I voted yes to strike in the ballot am I legally required to strike on the 28 March?
14. Are any members exempt from taking strike action?
15. If I am sick on a day of strike action, what do I have to do?
16. If I am on annual/maternity/paternity/family leave what do I have to do?
17. What happens if I am job-share or part-time and I do not work on the day of strike action?
18. Am I required to picket my workplace?
19. If EIS members are asked to report to an alternative workplace can it be picketed?
20. If a school has arranged a parents’ meeting on the day of strike action what should happen?
21. Why has the EIS called for strike action and not a "work to contract”?
22. I’m a long way from retirement, does this really concern me?
23. If I am in my last year of work before retirement how will taking industrial action affect me?
24. Will a day of strike action affect an application for "Winding-Down"?
25. I have been told that I can buy a day's pension after strike action. Is this correct?
26. I am a student member and I am scheduled to be in school on 28 March. What should I do?
27. How do I find out more information?
1. What is involved in taking strike action?
Strike action involves removing your labour by refusing to work on the day in question.
2. Who is eligible to take industrial action?
All EIS members who are eligible to be members of the Scottish Teachers’ Superannuation Scheme (STSS) or the Local Government Pension Scheme Scotland (LGPSS) can take industrial action.
3. I’m not eligible to be in either of those schemes. Would I be expected to take industrial action?
No. Only those eligible to be members of the STSS or the LGPSS were balloted, and only those members are being asked to support industrial action.
4. Can you join the EIS today and still take part in the strike action?
Yes. If you are eligible (see FAQ above) to take part in the strike action and as long as your fully completed application form and direct debit mandate has been received by EIS HQ prior to the day of action you can take part in the strike action.
Please note that application forms cannot be accepted by fax or email. Click here to join the EIS online now.
5. Can my employer sack me for taking strike action?
If your employer dismisses you for taking part in a legal strike (within 12 weeks of the start of the action), this would be unfair dismissal and the EIS would support you.
6. What is the effect on pay of taking strike action?
Strike action involves removing your labour by refusing to work on the day in question. If you withdraw your labour for a day then your employer has no obligation to pay you for that day. You will not be paid for the day you are out on strike.
7. What is the effect on pay if the strike day is on a ‘short day', ie where schools work an asymmetric week?
If you are a permanent teacher you should expect to lose a day's pay. Teachers paid on an hourly rate should expect to lose the payment for the hours they are contracted to work on the day in question.
8. Does a day of strike action count as a break in my employment?
No, being on strike does not break the service of any employee, including employees on temporary contracts.
The Employment Rights Act provides that continuity of employment is not broken by strike action (s.216 (1) and (2)). In other words, any day on which an employee is on strike is not counted in the period of continuous employment but it does not break continuous employment.
Therefore, strike action does not break the period of continuous employment for acquiring statutory employment rights or contractual rights. Contractual rights which are unaffected by strike action are salary placement rules, qualifying periods for maternity and adoptive leave, sick pay entitlement, and service to acquire permanence and service for compulsory transfer purposes (as agreed locally).
9. What is the legal position?
There is no right to strike in UK law. However, there is statutory protection for trade unions.
In common law an employee who takes part in strike action will almost always be in breach of her or his contract of employment. However, protection for individuals who take part in official strike action is set out in the Trade Union and Labour Relations (Consolidations) Act. Under (TULRC)A, s.238(A)2, any employee dismissed for taking industrial action shall be regarded as being unfairly dismissed if the strike action is protected (i.e. lawful).
10. Do I have to inform my employer/head teacher that I am going to take strike action?
The EIS notifies employers that our members are taking strike action; individuals are not required to do so. You have no obligation to inform your employer or head teacher of your intention to take strike action.
11. Do I have to inform my employer/head teacher if I am not going to take strike action?
Your employer should inform you of any notification procedures to be followed in the event of you deciding not to take strike action. If this is your intention you should check with your employer. However, we hope all members will support the democratic decision of the membership as a whole and demonstrate their professional commitment to colleagues by taking part in this strike action. It is up to all of us to take action to protect our pensions.
12. Should probationer teachers take strike action?
It is important that all teachers take part in this strike action. A day of strike action should not of itself impact on attainment of the Standard for Full Registration and this has been confirmed in discussions with Officials from the GTCS.
13. If I voted yes to strike in the ballot am I legally required to strike on the 28 March?
Voting to support industrial action in any ballot does not legally bind an individual to take action. However, you should come out on strike to support the democratic decision of the membership as a whole and to demonstrate your professional commitment to colleagues who will also be taking part in the action.
14. Are any members exempt from taking strike action?
Only once members have had their say in the consultative ballot and a final decision has been made on possible strike action on 28 March, will the issue of exemptions be considered by EIS Office Bearers. Exemptions are normally only granted in exceptional circumstances, for example in the case of a pregnant teacher whose maternity rights might be negatively affected by taking strike action.
15. If I am sick on a day of strike action, what do I have to do?
It may be that employers will suspend the right of individuals to report absence or to self-certify on 28 March. It is likely that a teacher absent from work may have to provide medical evidence of illness on that day or face the risk of an employer withholding pay.
16. If I am on annual/maternity/paternity/family leave what do I have to do?
As you are on leave you cannot at the same time be on strike and should not lose pay. However, you are encouraged to join in the demonstrations on 28 March.
17. What happens if I am job-share or part-time and I do not work on the day of strike action?
If it is not a working day for you then you cannot take strike action on that day. You can show your support for the action by joining in the demonstrations on 28 March.
18. Am I required to picket my workplace?
No, a branch may decide to form a picket. Picketing is tightly defined in law and should take place at or near your place of work and is confined to seeking to persuade those party to the dispute to take part. The conduct of pickets is tightly defined in law.
19. If EIS members are asked to report to an alternative workplace can it be picketed?
An alternative workplace can be picketed only by those whose workplace it is or by accredited EIS officials. The legal rules on picketing must be complied with.
20. If a school has arranged a parents’ meeting on the day of strike action what should happen?
Members called out on strike action should not attend any meeting arranged for that day, including scheduled parents’ meetings. The issue of rescheduling meetings is for discussion within the local working time agreement at school level and in the context of advice issued by LNCTs. School representatives should seek advice from the Local Association Secretary if further advice is required.
21. Why has the EIS called for strike action and not a "work to contract”?
The purpose of strike action is to seek maximum impact and public attention. To achieve this we are liaising with teaching unions and other public sector unions on coordinated action. A "work to contract” is also industrial action, subject to statutory balloting requirements. However, a partial performance of duties could constitute a breach of contract which would lead to on-going salary deductions. A work to contract is not a no-cost option.
22. I’m a long way from retirement, does this really concern me?
Yes. The planned changes will have a negative financial impact on every scheme member. The younger you are the greater the financial impact will be.
23. If I am in my last year of work before retirement how will taking industrial action affect me?
Being on industrial action for 1 day will mean that your total pensionable service would be 1 day less. It would not affect the pensionable salary on which benefits are calculated. On a pensionable salary of £35,000 your annual pension will be £1.20 less. There is no additional loss/impact for those who are nearing retirement.
24. Will a day of strike action affect an application for "Winding-Down"?
It would be unusual for the SPPA to turn down a request for winding down on the basis of 1 day's missing service whether this be for industrial action or any other day of unpaid absence. Normally discretion would be used to allow the application to proceed. For more information on the Winding Down Scheme please go to our info/leaflet.
25. I have been told that I can buy a day's pension after strike action. Is this correct?
The entitlement to buy back one day's pension only applies to those in Local Government Pension Schemes. It does not apply to those in the Scottish Teachers' Superannuation Scheme. However, by working an additional day beyond your intended retirement date, you will be able to make good the day's pensionable service.
26. I am a student member and I am scheduled to be in school on 28 March. What should I do?
As you are not in employment you were not balloted to take part in industrial action and therefore cannot participate in strike action on that day. You should contact your university and advise that the school is likely to be closed. The university will then decide what you need to do on that day. If you are not instructed to report to university or to school, you may wish to participate in activities on that day.
27. How do I find out more information?
Keep visiting the EIS website for the most up-to-date information, or speak to your EIS Representative, Branch Secretary or Local Association.
