Strike FAQs

Created on: 09 Apr 2025 | Last modified: 15 Apr 2025

Q1. Why am I being called out on strike?

Q2. Why April 15th?

Q3. Why is there a long gap between the first and second days of strike action?

Q4. Who will be called out on strike?

Q5. I voted against strike action - should I go on strike?

Q6. Is this strike action lawful?

Q7. Am I breaching my contract by going out on strike?

Q8. Can I be dismissed for taking strike action?

Q9. Do I lose continuity of service by going out on strike?

Q10. What do I do on a strike day?

Q11. Why is our RGU picket important?

Q12. Does the EIS issue guidance on picketing?

Q13. Who will be the Picket Supervisor and will EIS staff visit the picket line?

Q14. If there is a problem on any picket line, who do I contact?

Q15. Will the EIS be sending placards to the University for picketing?

Q16. As a lecturer, I believe that striking disrupts students’ learning and should be avoided at all costs. 

Q17. Do I get Strike Pay and how much will each strike day cost me?

Q18. I am a fixed term or casual contract RGU employee, should I be on strike too?

Q19. I am a casual lecturer, and I was not given a ballot paper in the recent statutory ballot – should I go on strike too?

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. How do I apply for an exemption?

Q24. I have been told that members who are about to retire are exempt from strike action.

Q25. Can I take money out of my pension to cover the lost salary for a strike day?

Q26. Can I buy back the pension service lost on a strike day?

Q27. 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.

Q28. What are the other trade unions doing?

Q29. Why aren’t we out on strike with other trade unions?

Q30. Will the other trade union members or other staff pick up my work on a strike day?

Q31. I am not sure my details are up to date.

Q32. 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?

Q33. Could strike-breaking lecturers be called to “cover” striking colleagues?

Q34. Does the EIS give Robert Gordon University a list of members’ names?

Q35. My University has asked me if I am going to go on strike – Do I have to tell them?

Q36. I am being asked by the University to prepare remote/online learning activities for students to undertake from home on the strike day. Is this acceptable?

Q37. Do I have to tell RGU after the strike that I have been on strike?

Q38. Can I talk to my students about industrial action?

Q39. I refuse to strike – will I be expelled from the EIS?

Q40. Will the day of strike action affect my paternity pay/leave?

Q41. Do I need to pay tax on Strike Pay or Strike Hardship or otherwise record it on a tax return?

Q42. Why hasn't the EIS considered adding a "work to rule" to the strike action?

Q43. What happens to the work not completed on a strike day?

 

Q1. Why am I being called out on strike?

The EIS has lodged a trade dispute with RGU regarding the lecturing posts it is cutting now, many by compulsory redundancy. The University has refused to budge.

The EIS has obtained an industrial action mandate through the statutory ballot result. We hoped that the credible threat of industrial action would focus minds at the University to resolve the dispute. The University 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 lecturers’ posts that they cut last year.  

Q2. Why April 15th?

Strike mandates, by UK law, only last 6 months. We have members currently facing compulsory redundancies. We do not have any time to wait. The University must see how resolute its staff is to fight compulsory redundancies.

Q3. Why is there a long gap between the first and second days of strike action?

The gap is to give the University the opportunity to see the strength of the strike and withdraw the threat of redundancies.

We are carrying out strike action to put pressure on the University to change its policy in making compulsory redundancies. We will escalate our strike action if it does not change its approach.

Q4. Who will be called out on strike?

All EIS members employed by Robert Gordon University will be called out on strike on 15th April – i.e. our academic and academic related staff. 

Q5. 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.

Q6. 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 Robert Gordon University and complied with all the steps required to call lawful strike action.

Q7. 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.

Q8. 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 University 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.

Q9. 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.

Q10. What do I do on a strike day?

Whilst your time is your own on a strike day, we encourage all EIS members at RGU to join a picket line in the morning.

The strike is the important issue. Picket lines are traditionally put in place so that the strike is visible and adds to the pressure on the employer. It is also a focal point for people to give and show support to each other.

Q11. Why is our RGU picket important?

Technically, the role of an EIS picket is to:

  1. Communicate information to members, students, 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 Robert Gordon University 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.


Q12. Does the EIS issue guidance on picketing?

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

Q13. Who will be the Picket Supervisor and will EIS staff visit the picket line?

The EIS ULA Branch Secretary and EIS staff will be the picket supervisor on the day of the strike. 

Q14. If there is a problem on any picket line, who do I contact?

You should contact Chris Yuill, who may then contact EIS staff or HQ.

Q15. Will the EIS be sending placards to the University for picketing?

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

Q16. As a lecturer, I believe that striking disrupts students’ learning and should be avoided at all costs.

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

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

Q17. 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.

An unpromoted lecturer will have around £110 deducted for every day of strike action. You can apply for strike pay here.

Q18. I am a fixed term or casual contract RGU employee, should I be on strike too?

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


Q19. I am a casual lecturer, 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 at the University including casual lecturers 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.
 

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 April 2025, this exemption will apply to any pregnant member who has an expected date of childbirth on or after 15th July 2025 or any member who will adopt or have a surrogate baby on or after 15th July 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 students 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 the University for those not engaging in strike action.  Your confirmation of exemption can be shared with your colleagues/Rep at your own discretion.

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

Lecturers’ 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 15 July 2025 onwards.

For EWCs before 15 July it would be the February and March pay that would be used to calculate SMP. i.e. striking from the planned 15th April (or after) will not affect the maternity pay of those with a EWC of before 15th July.

The same principle applies to adoption leave and surrogate leave – any member expecting to adopt or start surrogacy leave from 15 July 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 15th April 2025 may have a disproportionate effect on leave pay for those members with an EWC, adoption or surrogacy on or after 15th July 2025.  

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 15th July 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. How do I apply for an exemption?

For all members who are pregnant and expecting a child on or after 15th July 2025, or who will adopt or have a surrogate baby on or after 15th July 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 students 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 University for those not engaging in strike action.  Your confirmation of exemption can be shared with your colleagues/ Rep at your own discretion.

Q24. 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 an average lecturer, each strike day will lead to a pension reduction of around £3.30 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.

Q25. 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 lecturers can take benefits from the scheme is when they reach the age of 55, unless they are granted ill-health retirement benefits.

Q26. Can I buy back the pension service lost on a strike day?

No, the SPPA will not allow this.

Q27. 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.

Q28. What are the other trade unions doing?

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


Q29. 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 lecturers’ jobs at RGU.

Q30. 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.


Q31. I am not sure my details are up to date.

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

Q32. 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 April 14th then you will be covered by our strike mandate for the following day's strike action.

Q33. Could strike-breaking lecturers be called to “cover” striking colleagues?

No EIS member should do work normally done by an EIS member who is on strike.

Q34. Does the EIS give Robert Gordon University a list of members’ names?

No, we’ve given the University the information required by law; the number of members per workplace who are academics and academic related staff.

Q35. My University has asked me if I am going to go on strike – Do I have to tell them?

No, you should not inform your employer 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.

Q36. I am being asked by the University to prepare remote/online learning activities for students 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 striking should not be asked to deliver learning and teaching from home. Lecturers cannot be directed to use their homes as workplaces.

Regardless, lecturers 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 students who are not in their usual classes. This applies whether working in school buildings, at home or another place of a lecturer’s choosing.

Q37. Do I have to tell RGU 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.

Q38. Can I talk to my students about industrial action?

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

Q39. 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.

The statutory ballot was carried out independently and the result is what members voted for. The EIS expects that all RGU members take the planned strike action in support and solidarity with their colleagues.

Q40. Will the day of strike action affect my paternity pay/leave?

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


Q41. 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.

Q42. 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.
 

Q43. What happens to the work not completed on a strike day?

As a striking worker, you have withdrawn your labour for the day that you undertake strike action and do no work for the university. You will not be paid for this day and, therefore, should not be expected to do the work you would have done on this day.

For example, if there are any classes, teaching, meetings, seminars, conferences or events scheduled to take place on a strike day, then this work simply falls and members are not expected to then undertake this at a future date. See Q23 for exemptions.