Teachers’ Strikes: Understanding Your Employee Rights

The recent teachers’ strike has brought significant changes to the UK education landscape. Whether you’re a parent, teacher or concerned citizen, it’s crucial to understand the implications of this industrial action and how it affects you as an employee.

The Scale of the Strike

The National Education Union (NEU), the UK’s largest teaching union, has led a series of strikes that resulted in the loss of over 25 million school days. This figure alone highlights the substantial impact of the industrial action on our education system.

Employee Rights During the Teachers’ Strike

It’s important to note that teachers have the legal right to strike, including those teaching exam classes such as Year 11 and Year 13. However, the NEU provided guidance to its members suggesting that agreements could be made with headteachers to allow exam-year students to attend school for revision activities or exam practice during strike days.

School staff on maternity, paternity or shared parental leave who wished to participate in the strike action were advised to notify their headteachers. This underscores the importance of clear communication between staff and school leadership during periods of industrial action.

Impact on Schools and Pupils

Schools were expected to remain open where possible during the strike action. The government’s guidance, “Handling strike action in schools,” emphasised that headteachers should take all reasonable steps to keep schools open for as many pupils as possible. Priority was given to:

• Vulnerable children
• Children of critical workers
• Pupils due to take public examinations
• Primary-aged pupils

It’s worth noting that schools were not permitted to use agency staff to cover for striking teachers. This restriction was upheld by a High Court ruling earlier this year, following legal action brought against the government by 11 unions.

Employee Rights and Future Strikes

While the strikes have concluded for now at least, the possibility of future industrial action remains. The NEU and other teaching unions continue to campaign for pay rises in the upcoming school year, with calls for a “fully funded, inflation-plus” pay increase for 2024-25.

The government has proposed introducing minimum service levels (MSLs) for the education sector during strike action. These MSLs would require teaching unions to ensure sufficient staff are working to enable schools to open for certain groups of students. However, unions have strongly criticised this proposal, labelling it as undemocratic and a potential barrier to retaining staff in the profession.

Employee Rights for Parents

For parents affected by school closures due to strikes, it’s important to understand their rights as employees. In England, parents can request leave to care for “family and dependants,” including emergency childcare. While employers must not refuse reasonable requests, this leave may be unpaid. Alternatively, parents might consider taking holiday or unpaid parental leave to cover childcare during school closures.

The Financial Aspect

The teachers’ strike has brought the issue of money in education to the forefront. The dispute over pay highlights the ongoing challenges in the sector, including chronic underfunding and difficulties in recruiting and retaining staff. These financial pressures not only affect teachers but also impact the quality of education provided to students.

What’s Next?

As we move forward, it’s clear that the relationship between employee rights, industrial action and the education system remains complex. The government’s proposed minimum service levels and the unions’ continued push for better pay and conditions suggest that this issue is far from resolved.

For employees in the education sector, staying informed about your rights during industrial action is crucial. Equally, for parents and students, understanding the potential impact of future teachers’ strikes and knowing your options can help in managing any disruptions to education.

The Bigger Picture for Teachers’ Strikes

The 2023 teachers’ strikes have undoubtedly been a challenging period for all involved. However, they have also sparked important conversations about the value we place on education, the rights of employees and the need for a sustainable and well-funded education system.

As we continue to grapple with these issues, one thing remains clear: the importance of balancing employee rights during the teachers’ strikes with the need to provide quality education for our children. It’s a delicate balance, but one that is essential for the future of our education system and the wellbeing of both educators and students alike.

Understanding your employee rights during the teachers’ strikes is not just about knowing what you can and can’t do. It’s about recognising the broader implications of industrial action in education and how it affects our society as a whole. By staying informed and engaged, we can all play a part in shaping a fair and effective education system for the future.