General Chat Thread, Wed 30th November - Industrial Action in General; Even if a school is breaking the strike, or some staff are, then they are not allowed to ask staff ...
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25th November 2011, 11:55 AM #46
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Even if a school is breaking the strike, or some staff are, then they are not allowed to ask staff to do someone elses job because they have withdrawn their labour. There might be a possible exception with cover supervisors because that is their actual job - its a grey area, whereas the rest is actual law whether you are independent or not.
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25th November 2011, 01:24 PM #47 Don't forget not all teachers are going on strike. I know at least one who wasn't balloted so his exam group is coming in for a bit of revision. Wonder if those students were looking forwards to a day off.
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25th November 2011, 01:59 PM #48 Teachers cannot cover the class / subject of a striking teacher where they would not normally be expected to do so. This would be in breach of *their* contract and agreed employment activities, as negotiated with unions within employment law .. so yes, it is technically illegal, but not strike breaking.
Teachers who are striking cannot set cover which would be followed by non-striking staff as this covers part of the same area. Some year groups are brought in to school for a variety of reasons.
1 - The student are able to control their own study, know what they should be doing and do not require anything other than H&S requirements to be met for supervision, etc. The staff involved are to doing an activity of someone else.
2 - The children are brought in and managed / cared for to enable parents to go and do their normal daily activities ... and yes, this is so close to a childminding service that you might as well call it that, but it minimises disruption to the families, but it still interrupts the learning, so the principles of the strike still hold.
It is a fine line in some schools, and we will undoubtably hear about schools closing when they don't need to or bring students in and still trying to bypass the rules about cover, etc.
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25th November 2011, 02:04 PM #49 Well turns out parts of this school will be closed, parts open - ICT Suites open for students and a few other things......
Oh well at least I will carry on working.
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25th November 2011, 02:44 PM #50 According to our schools business manager, if students are allowed into school they must have an option of a hot meal provided on site, and if the kitchen is open, all students who would normally be in school and offered free school meals must also be allowed to attend at lunch time as it might be the only hot meal they get in a day....which is fair as far as i can see but the kitchen staff are kicking off because they assumed because of a strike they would get a free day off
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25th November 2011, 02:48 PM #51 Tell them to go thank the teachers 
Our Food Hall is open as normal and IT Support
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25th November 2011, 03:41 PM #52 Just heard 3 of our primary classes and one of our secondary ones are closed wed-- joy-- now whats the bet i get to be a TA again for the day!! lol
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26th November 2011, 02:28 AM #53 Mine's closed to students, open for staff not striking.
Is this the first time the NAHT has voted to strike?
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28th November 2011, 02:53 PM #54 I see Aldi has moved the Thursday special day to Wednesday of this week! They don't miss a trick
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28th November 2011, 05:19 PM #55 This is the DfE's advice for schools on how to handle industrial action published today:
Advice for handling industrial action in schools - The Department for Education
Some interesting quotes (my bold):
A headteacher on strike should delegate their duties to another member of the senior management team.
If the whole senior management team is on strike, the governing body can approach another person to carry out their duties, for example a senior teacher or a known, trusted retired headteacher.
Page 3 suggests schools can use any volunteers to supervise the children , whether their CRB is for the school or not!
Use volunteers who have a CRB disclosure from another walk of life, for example as a sports coach or scout group helper.
Whilst the Conduct of Employment Agencies and Employment Business Regulations 2003 prevent a supply agency from supplying teachers employed by the agency to cover absence during industrial action,
an employer can directly employ individuals to cover employees on strike. Where a school is unable to provide free school meals to those who are eligible and have requested them, due to circumstances beyond its control (such as industrial action on the part of school meals staff),
there is no requirement to close the school.
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29th November 2011, 01:52 PM #56 School closed 5 staff in...hitting the shops then the driving range.
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