The National Union of Teachers will be taking strike action in England on Wednesday 26 March as part of its campaign against government proposals on teachers’ pay.
UNISON branches with members in schools should be aware that the Department for Education (DfE) has sent revised guidance to schools on industrial action.
This guidance is non-statutory. This means that schools do not have to heed the guidance. In particular, branches should be aware that the guidance advises schools that:
“Cover supervisors, or teachers who are employed wholly or mainly to provide cover and are not taking industrial action themselves, can be directed to provide cover during industrial action.”
However it goes on to say that “the Specified Work Regulations 2012 require classes to be taught by qualified teachers in maintained schools and some academies.”
We do not agree with the DfE’s interpretation of the ability of schools to direct staff to undertake duties of striking colleagues, and members should continue to follow UNISON advice below.
UNISON advice
UNISON respects the rights of other trade unions to take industrial action.
UNISON members in schools have not been balloted for strike action or action short of strike action and therefore they are advised to continue with their normal duties and responsibilities.
However, UNISON members should not take on any additional responsibilities being given to them directly as a result of the teachers’ industrial action.
School support staff should not be expected to provide cover for or take classes, where this would normally be done by teachers who are taking action.
In particular, higher-level teaching assistants or cover supervisors should only be taking classes or providing cover where they are contracted to do so, where it is timetabled or where it is a part of their normal duties.
Staff should not be moved from the duties they would normally have carried out in order to cover classes and frustrate the industrial action of colleagues. Members who are under pressure to cover should contact their UNISON rep, branch or region for further advice and support.
Members are reminded that, due to industrial relations legislation, only those employees who have been involved in a legal ballot are allowed to take industrial action.
