Key Facts and FAQ Answers for NUT Representatives
This document offers advice and guidance on the most common questions about strike action and action short of strike action. More detailed briefings on the issues involved can be found hereAny questions about the NUT’s action should be directed in the first instance to your local NUT secretary whose contact details are on your NUT membership card.
You can download the full text of the Union's FAQs by clicking here
The NUT is required by law to give employers 7 days' notice of the number and description of members it is calling upon to take action in each workplace. NUT HQ sends this information to each employer (the LA, governing body, college corporation or academy trust) as required by law. NUT HQ also sends a copy to each head teacher or principal. This is the only information which the law requires to be provided by anyone. The NUT does not have to provide the names of individual members to the employer. Individual workers are not required to provide any information whatsoever.
Individual NUT members do not have to tell their employer whether they personally intend to take part in action short of strike action or go on strike. If your head teacher or principal asks you to tell them or sign a form, you DO NOT have to do so. The law does not require you to do so, no matter what you are told. The NUT nationally, as required by law, gives employers 7 days' notice of the number of members it is calling upon to take action in each workplace. If individual NUT members are asked whether they personally intend to take strike action, the NUT representative should advise the head teacher / principal that the information legally required has been provided by the NUT nationally and should advise NUT members to ignore the letter.
This is a national campaign by the two largest unions representing 85 per cent of teachers in England and Wales. Our joint industrial action maximises the possibility of making an impact in every school or college. However, even if the number of NUT and NASUWT members in your workplace is small, every one of them will be part of a national declaration of teachers’ strength of feeling which will have an impact well beyond your own workplace.
Suggest that they join the NUT - maybe they aren't fully aware of the scope of the Government's attacks on teaching. All NUT members are encouraged to help recruit new members.
Suggest that they join the NUT - maybe they aren’t fully aware of the scope of the Government’s attacks on teaching. All NUT members are encouraged to help recruit new members.
The NUT’s ballots covered teachers employed in schools, academies and colleges. Members employed in central LA services were not automatically included in the ballots. Any such members who undertake teaching work in schools as part of their job were, however, able to be included in the ballots and can take part in the action. Soulbury-paid members were not covered by these ballots and they are not being called on to take part in the action short of strike action or the planned strike.
The NUT would welcome the support of all supply teachers not already contracted to work on the day the strike takes place. They can participate in local activities on the day instead of accepting work. Although (as with all members) the NUT won’t pay anything towards lost wages, the NUT’s advice on hardship payments applies to supply teachers as well.
Yes, they can take part in both strike action and action short of strike action.
You can take part in NUT and NASUWT organised activities on a strike day which will demonstrate your support for our cause and for the principles and values which brought you into teaching. Information will be distributed locally and via the Union’s website at www.teachers.org.uk - please find out about local activities and join in.
That’s up to the head teacher or whoever else is responsible. They need to decide (having conducted proper risk assessments) whether the health, safety and satisfactory education of students can be guaranteed in the absence of the teachers taking strike action. They will also need to take into account that other unions’ members will be asked not to undermine our action by undertaking our members’ work. Many school and college leaders who are themselves NUT and NASUWT members will also be taking part in the action.
You will be likely to have a day’s pay deducted from your wages. School teachers will lose 1/365th of annual pay, while some other members may have different deductions specified in their contracts. The NUT believes this is a sacrifice worth making. More details can be found in the section on “Impact on Pay, Pensions & Benefits”.
We don't expect that any member will be threatened with disciplinary action for taking part in NUT industrial action. Our ballots and action are organised in accordance with all of the relevant laws. Industrial action is accepted as a legitimate means of expressing opinion and workers have legal protection against any action being taken against them selectively due to participation in industrial action.
Any member who does experience threats or pressure from their head teacher, line manager or governing body should contact their local NUT secretary immediately. The NUT is very well equipped to assert your legal rights and will give you strong support.
The NUT does not instruct members to strike and we equally resist members being put under pressure not to strike. The decision is yours and you should be able to make it freely. In our view there are good reasons why you and your colleagues should join in strike action. If the Union's campaign succeeds, it will benefit all teachers and the education service in which they work. Any attempt to victimise, threaten or bully you should be drawn to the attention of your local NUT secretary.
Only NUT or NASUWT members should join the strike. Anyone else who is not a member of a union which has balloted for action could be subject to disciplinary action and would not be able to rely on their own union for support. Anyone who wants to participate in the strike as an NUT member can legitimately do so if they join the Union before a strike day.
The NUT does not have a fixed policy on picket lines – it’s entirely a tactical question, not a matter of principle. If your school or college will be closed, there is no point in a picket line. If it will be open, however, you and your members (and NASUWT colleagues) may want to hold a picket line.
Remember that only NUT or NASUWT members should join the strike. Anyone else who refuses to cross a picket line could be subject to disciplinary action and would not be able to rely on their union for support. Anyone who wants to participate in the strike as an NUT member can legitimately do so if they join the Union before or on a strike day, so rremember to have some membership forms with you if you are holding a picket. And whether or not you hold a picket line, you should encourage all members to attend any local march or rally on the day.
The NUT would not expect staff not taking part in the action to be asked to undertake the work of colleagues taking strike action. Other unions have advised their members of the usual convention that their members will not undertake work normally undertaken by those who are taking strike action.
UNISON’s advice to its members is as follows: “School support staff should not be expected to provide cover for or take classes, where this would normally be done by teachers who are on strike. In particular, HLTAs or cover supervisors should only be taking classes or providing cover where they are contracted to do so, it is timetabled or 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 should not be pressured to provide cover on health and safety grounds to avoid closure of a workplace. Employers should be reviewing any risks and health and safety procedures, including evacuation of workplaces taking account of the impact of staff taking strike action.”
“Employment businesses”, such as supply agencies which supply teachers they employ, are forbidden by law from supplying workers to cover the work of regular workers taking industrial action. Under Regulation 7 of the Conduct of Employment Agencies & Employment Businesses Regulations 2003, it is unlawful for such a business to supply or introduce a worker to cover the duties of someone who is on strike, or even to cover the duties of another worker who has been moved to fill a gap when someone else is on strike. Any infringement should be reported to your local NUT secretary. Tell your head teacher that the NUT will press for action against those agencies, which could include criminal proceedings and their licence to operate being suspended, if they breach the regulations.
Any supply agency which sends you to undertake work covering for strike action is likely to be in breach of the law. If you are asked by your agency to cover for strike action, you should refuse to do so. If you realise during the day that you are covering the work of someone on strike, you should ask to be given other work.
If you have been working at the school on a longer term basis for reasons unrelated to strike action (e.g. covering a vacancy or long term absence), the situation is different. You are not being engaged to cover the duties of a striking teacher so these provisions would not apply in the same way.
Head teachers must make their own judgments having conducted proper risk assessments. It would be very unwise for any head to be influenced in this judgment by a desire to try to minimise the effect of the strike. The NUT has advised its own head teacher members that the safety of children on the premises must be the deciding factor.
The NUT accepts that, in some exceptional circumstances, disruption to planned events would be undesirable. For some off-site trips or events on school premises, schools may have entered into contracts which cannot be cancelled without substantial costs. Where NUT members who are due to be involved wish to take strike action, they should inform the head teacher of their intention to take strike action. For that event to go ahead as planned, the NUT will expect every effort to be made to secure alternative staffing permitting minimum requirements to be maintained without those NUT members’ involvement. Only if this has not proved possible – and substantial costs would be incurred by cancellation - should those NUT members agree to forgo their right to take strike action. Any NUT member who works as a consequence on a strike day is encouraged to support the NUT by donating their pay to an NUT local association hardship fund or the Teacher Support Network.
The Union has asked that no inspections take place on a strike day. Should this be ignored, members are free to take action and this should not adversely affect any inspection report.
You should seek to have the date changed. Your head teacher or principal will need to recognise that if it goes ahead NUT and NASUWT members who are on strike will not be present. If there are particular difficulties please seek guidance from your local NUT secretary.
The Union does not wish to disturb pupils’ examinations. Timetables for strike action are drawn up with the intention of avoiding any risk of doing so. Members should co-operate with the exams calendar in the event of any clash.
Strike action means refusing to carry out your employment duties. Attending a job interview would not fall within that, although you should check whether the interview is being rearranged in case other applicants are absent or the establishment closed. Attendance at a training course related to your job will be covered by your action, so you should ask for it to be rearranged.
As an NUT student member, you cannot be balloted and cannot be on strike yourself. If your school is open and you are scheduled to be there on the day of a strike, the head teacher may ask you to come in and carry on your teaching practice but you should not be expected to cover classes or teach classes where the teacher is on strike. If your school is closed on the day of the action and you have no other college commitments that day or your college term has finished, please join in with any locally organised NUT activities. If you are due to be at college or have some other college commitment, we are not asking you to boycott lectures or miss those commitments. The NUT website will have information about events taking place on a strike day up and down the country or you can ask your NUT school representative for details.
Action short of strike action takes place while you are continuing to teach as normal. It involves you refusing to do other parts of your job or take other steps to oppose unreasonable working demands. These “non-strike” sanctions are very effective and should not be underestimated. The action short of strike action we have been taking alongside our colleagues in the NASUWT since the 2012 autumn term is already having an impact. The action is successfully raising awareness of the attacks we are facing and shows the Government that we are serious about our campaign. You can read positive reports about the victories we have won so far on the NUT website at: www.teachers.org.uk
Action short of strike action is aimed at enhancing teaching/learning while hitting out at excessive accountability. The NUT’s detailed advice on action short of strike action can be found on the NUT website at: www.teachers.org.uk. Here are some examples of actions that are taking place in schools, academies and colleges:
- refusal to hand in short term planning (even Michael Gove says this is not necessary and many outstanding schools require no such handing in)
- refusal to attend more than one management directed meeting per week.
- refusal to cooperate with more than 3 observations per appraisal cycle.
Action short of strike action is freeing teachers to think about teaching and learning instead of form filling. Both unions will offer support to members in situations where head teachers are being difficult.
The NUT does not instruct members to take industrial action, just as we resist members being put under pressure not to take action. The decision is yours. We believe that we stand the greatest chance of bringing about a culture change in schools and colleges if as many members as possible take part. There may be sanctions which you decided collectively are not appropriate in your school because arrangements there are satisfactory. For example, if teachers’ lesson plans aren’t subject to scrutiny by management then there is no need to refuse to hand in lesson plans. You can read reports on successes and examples of action short of strike action from NUT representatives on the NUT website at: www.teachers.org.uk
The agreed actions stop short of strike action and as you are still available for other duties we don’t expect you to suffer a loss of pay. Most employers have accepted participation in this action and have not made any deductions from pay as it does not impede on the majority of teachers’ daily work. However, we are aware that some schools and local authorities have threatened to make deductions from pay based on the assertion that these actions amount to breach of contract and partial performance of duties.
In our view these threats are simply an attempt to bully and intimidate members into not participating in this industrial action and so any threats of deductions from teachers’ pay in this regard are being robustly challenged. If your head teacher suggests that deductions may be made, please contact your local association or division secretary immediately. The Union has robustly defended members from these threats, through supporting escalated action where it has proved necessary.
NUT members should not be threatened with disciplinary action for taking part in NUT industrial action. Our ballots and action are organised in accordance with all of the relevant laws. Industrial action is accepted as a legitimate means of expressing opinion and workers have legal protection against any action being taken against them selectively due to participation in industrial action.
The DfE has issued guidance to head teachers on the contractual and legal position of action short of strike action. The NUT believes this guidance to be unhelpful and inflammatory. Any member who does experience threats or pressure from their head teacher, line manager or governing body should contact their local NUT secretary immediately. The NUT is very well equipped to assert your legal rights and will give you strong support.
Any member who is threatened or put under pressure by their head teacher, line manager or governing body should contact their division or association secretary.
The NUT does not expect staff not taking part in the industrial action to be asked to undertake the work of colleagues taking part in action short of strike action. Other unions have advised their members of the usual convention that their members should not undertake work normally undertaken by those who are taking action.
You can read more detailed information and instructions on the action short of strike action in a separate briefing available at www.teachers.org.uk/protect-teachers
Non-strike sanctions stop short of strike action and you are still available for other duties, so we don’t expect you to suffer a loss of pay. Contact your local NUT secretary if this does happen.
You won’t be paid by your employer for a day on which you take strike action. Your contract of employment anticipates that you may at some time be on strike and the Burgundy Book national agreement provides that for each strike day full or part time teachers will be subject to a pay deduction of 1/365th (one calendar day) of annual pay. Part time teachers should not expect their employer to make deductions for any day they are not contracted to work.
The Union cannot compensate members for loss of pay when they take part in strike action. The loss in take home pay would be around £70 for teachers on UPS3 and some £35 to £40 for NQTs on M1 (after tax and other deductions).The Union believes this is a sacrifice worth making. There is a lot at stake - the attacks on your pay and higher pension contributions are costing you much more.
Members in sixth form colleges may find that their employer proposes to make a higher deduction at 1/260th of annual salary for each strike day. The Union is currently pursuing a legal test case challenging deductions at a higher rate than 1/365th for sixth form college teachers.
NUT Associations may have hardship funds to assist any members suffering particular hardship as a result of losing a day’s pay - contact your local NUT secretary if you wish to seek such assistance.
Very little – any loss would probably be between £1 and £2 a year at most. Your pension is based on your pay at retirement and your total length of service in years and days. For most teachers, the impact of going on strike will be negligible - you will simply lose the pension you would accrue for the day you take strike action.
For example, if your pensionable salary is £36,000:
- If you joined the TPS on or before 31 December 2006, each day of strike action will reduce your annual pension by just £1.23 a year and reduce your lump sum payment by £3.70.
- If you joined the TPS on or after 1 January 2007, each day of strike action will reduce your annual pension by just £1.64 a year (there is no automatic lump sum payment).
Under the 2007 pension changes, your pension is based on the higher of your total pay received over the last 365 days of service or the best three consecutive years in the last ten years re-valued in line with inflation.
When you go on strike, a strike day is simply disregarded and these calculations are worked out by going back one day further. For teachers who are within ten years of retirement, going on strike adds only a further negligible cut in pension - in most cases as little as 10p a year or even less. Since this system of calculating your pension came into effect in 2007, the NUT has been able to withdraw its previous advice that teachers in their final years of service should not go on strike.
Most pregnant teachers can join a strike without affecting their maternity entitlements. Your continuity of employment isn’t broken by taking strike action. The week of the strike will not be included in your total length of service for the purpose of qualifying periods but this will not affect the vast majority of pregnant teachers. More detailed information on Statutory and Occupational Maternity Leave & Pay and Maternity Allowance is available on the NUT website in the School Teachers’ Conditions section.
The answer is no for the majority. More detailed information is available on the NUT website in the School Teachers’ Conditions section.
If you are on long term sick leave that covers a strike day, you will be treated as if you are on sick leave. If you are off sick on just a strike day, it is likely that your head teacher may ask you some further questions about this. Any NUT member who receives sick pay for a strike day is encouraged to support the NUT by donating that pay to an NUT local association hardship fund or to the Teacher Support Network.
Continuous service is not broken by strike action but days of strike action are not counted towards your final length of service. Since redundancy payments are based on full years of service, they can be affected if strike action reduces the number of full years of service completed at the date of dismissal - if you have worked as a teacher for exactly 20 years, for example, your redundancy payment might be based on 19 full years of service not 20 full years of service.
This point is relevant to any teachers who know they will be dismissed on redundancy grounds from the end of the academic year. Some employers, however, will agree to extend service for one or more days to take account of this problem. It is also possible for employers to give ‘notice of extension’ requiring you to extend your service by one day to replace the day of strike action and, if you fail to comply, reduce or even refuse to pay you a redundancy payment. If you are in this position, you should seek advice from your local NUT secretary.
The NUT pay and conditions ballots took place in summer 2012. Three separate ballots were held:
- the first covered all NUT members working in maintained and academy schools in England;
- the second covered all NUT members working in sixth form colleges ; and
- the third covered all NUT members working in maintained schools in Wales.
The ballot papers asked two questions:
- in order to seek to persuade the Secretary of State for Education to protect pay and working conditions are you prepared to take discontinuous strike action?
- in order to seek to persuade the Secretary of State for Education to protect pay and working conditions are you prepared to take part in industrial action short of a strike?
In Wales, the ballot questions referred also to the Minister for Education and Skills in Wales.
NUT members overwhelmingly supported the call for joint action with the NASUWT on pay and working conditions. On a turnout of 27 per cent the results were as follows:
England
Question 1 (discontinuous strike action) 83.4 per cent in favour
Question 2 (action short of strike action) 93.1 per cent in favour
Wales
Question 1 (discontinuous strike action 81.0 per cent in favour
Question 2 (action short of strike action) 92.9 per cent in favour
Sixth Form Colleges
Question 1 (discontinuous strike action) 81.2 per cent in favour
Question 2 (action short of strike action) 93.1 per cent in favour
The NUT had to hold a separate pay and conditions ballot because sixth form college teachers are not on the same pay and conditions as teachers in schools and so the issues are slightly different. The NUT’s dispute with the Secretary of State calls on him to ensure, inter alia, that the pay and conditions for teachers in sixth form colleges are at least equivalent to those for school teachers. We have aligned the strike action in sixth form colleges and schools in order to present a united response to the attacks on the teaching profession as a whole.
This ballot covered two groups: independent/fee paying schools; and those within the state sector.
Members voted overwhelmingly in support of discontinuous strike action on pensions. On a turnout of 40 per cent (state schools) 27 per cent (independent schools) the results were as follows:
NUT members in Local Authority, central services, sixth form colleges, academies and post 1992 Universities
92 per cent in favour
Fee paying independent and private schools
89 per cent in favour
Go to www.teachers.org.uk/protect-teachers to find more information and a range of resources










