Wed 30th November - Industrial Action

[Gatt]

Fortunately (or unfortunately depending on how you view it!) as I am no longer in the Public Sector (partly due to the last sodding strike!) I wont have to contend with a horde of rioting teachers..

 

Personally, and I can say it this time without being hauled in front of a tribunal this time, I think striking over pay duirng a time when the economy is about to go down the pan is ridiculous - where do they think the extra money will come from - let me think -oh yeah - from everyone else when TAX is increased - meaning we all end up with even less money than we have now! /RANT

[dave.81]

very much doubt anyone here is striking, we will be open as normal. but then we're not state run, so if we close the school, we lose money as a business not just as individuals (plus the bad rep it would send out)

 

What he said.

[elsiegee40]

We're open (independent) despite most of our teachers being in striking unions and being paid on national pay scales.

 

Local secondaries seem to be staying open for years 11-13.

[philwaud]

Surely thats illegal? Or are they literally providing a childminding facility?

[philwaud]

Ditto, Im not in a striking union so will be attending.

[philwaud]

Who said anything about pay? Its about paying an even greater amount of our wage to get a lower pension at an older age.

 

Pure mismanagement on the gov's behalf. At what point did they suddenly decide that this was a problem, surely it was plain to see that we are living older years ago? If action had been taken twenty years ago, it wouldnt need such a radical fix now (although there is enough money in the teachers kitty to pay for the next twenty years without changing anything) One of the reasons I became a teacher was the pension and it isnt right for them to backtrack on an existing agreement!

 

Just my pennies worth, and I arent striking so I should probably shut up!

[Sylv3r]

Our school is closed for students and open to those staff who choose to come in.

[DrCheese]

Think we're the same, the kids are out but non striking staff are in. Waiting for info from management to put on our website...

[elsiegee40]

Surely thats illegal? Or are they literally providing a childminding facility?

 

What's illegal about letting the exam years in?

 

If their teachers are there, they have lessons. If not, work is set for them to do, or they do course work. The exam years at least have access to school computers, etc.

 

It seems to be what all the local secondaries are doing and my Y11 and Y13 children seem pleased about it. They are at different schools. Y11 son in particular is looking forward to making progress with IT and graphics work.

[Achandler]

Its is illegal for a non-striking teacher to teach a student when they would usually be being taught by a stirking teacher. This is classed as breaking the strike and is illegal.

 

I'm sure there are loopholes, like if the student is "supervised" and not taught, no work is left set. Then the student is not being taught, and the strike is not being broken. If you teach a student IT when they would usually have Art because the Art teacher is off, then you have broken the strike and it is illegal.

 

You can get yourself in a lot of trouble very easily.

[DrCheese]

Strike breaking is not illegal....

[laserblazer]

Its is illegal for a non-striking teacher to teach a student

 

Are you sure about that? It might be against the non-striking teacher's union guidance but I can't see it's illegal. What about the government plans to get Civil Servants to man the border controls?

[Achandler]

Dr Cheese employment law states

 

"..an employment business may not supply a temporary worker to a hirer to replace an individual taking part in an official strike or any other official industrial dispute.

 

In addition, an employment business must not introduce or supply a work-seeker to do the work of someone who has been transferred by the hirer to perform the duties of the person on strike or taking industrial action."

 

The government would be redeploying workers from another department, telling some students they can't come in because they are no teachers but then using those students teachers to teach others is the same as "re-hiring" opening the school to every student using the staff who will work is acceptable but not picking and choosing.

[plexer]

They're not hiring a temporary though just redeploying resources.

 

Ben

[Achandler]

But those resources are only free by closing the school to other students. I don't make up the law but this is how it is explained as best as possible.

 

If you have teacher A (not striking) and B (striking), both teaching a class of 30 students, Class A and Class B.

 

You cannot tell Class A don't come to school because of the strike and then use Teacher A to teach Class B. Because Teacher A isnt doing their job and Class A aren't at school because Teacher B (not their own teacher) has walked out.

 

If Teacher A has no class then they could be used to supervise Class B because they would not be not teaching their own class (if that makes sense!)

[philwaud]

Dont think thats correct, in the case of teachers we cant be asked to cover another class as cover isnt one of our duties - we have cover supervisors who do that.

 

Basically you cant ask anyone to cover for a colleague who isnt working because of strike action - thats in any profession. In the NUT strike last year, our SLT team took the students into the hall and let them watch a DVD - thats OK because they arent replacing the person who was teaching - they are doing a different activity.

[Achandler]

Cover and cover supervisors would be another issue that would crop up, but a minor one if the school was already considered to be breaking the strike.

 

The cover rule also does not apply to all schools, as some schools (independent) have chosen to ignore it after consultation with teaching staff.

 

Most cases are unique, but it is something I wouldn't like to get mixed up in, as breaking a strike is not a good idea.

[Little-Miss]

School closed to pupils...i'm staying in bed

[Gatt]

So glad I'm not involved in a school anymore..

[rad]

The school is not allowed to employ supply staff to cover for staff who are participating in the strike nor is it allowed to use teachers who are not striking including the SLT/SM (ie management) to cover for collegues who are out on strike.

 

Staff do not have to say whether they are striking or not, so some who are in that union can still come in, so you could end up with 75% of staff in and lessons may of been able to go ahead as planned but they school has to set an action plan.

 

Our school is now closed on Wednesday to Students, staff will be in as normal if they are not in the union/striking

[philwaud]

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.

[CAM]

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.

[GrumbleDook]

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.

[mthomas08]

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.

[HaleStorm]

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