Employee News 2022, Issue 32 - Teachers' Pay Dispute 2022 – Industrial Action (Update 1)

It is confirmed that the teaching unions EIS & AHDS are calling their members to strike on Thursday 24 November 2022 as part of the ongoing national pay dispute.

As a result of this strike action, all East Dunbartonshire primary, secondary and Additional Support Needs (ASN) schools will be closed to pupils on Thursday 24 November.

All Early Years Centres, which are not included in the strike action, will remain open on that day and Education (Non Teaching) employees ie Early Years Workers, should report for work as normal. Teaching staff who are part of the ballot and working within a Nursery/ Early Years Centre should report to their nearest secondary school.

Signing in arrangements for education employees based in schools and not part of the ballot are detailed below.

OPERATIONAL ARRANGEMENTS DURING STRIKE ACTION

EDUCATION EMPLOYEES (EXCLUDING NON TEACHING EMPLOYEES BASED IN EARLY YEARS CENTRES)

(i)         SERVICE DELIVERY ARRANGEMENTS

At this time, the arrangements for the following Education school based council facilities are detailed below and signing in locations identified. Please note, only Education employees (Teaching and Non Teaching) based within the schools are being requested to report to the locations listed below. On reporting for work on Thursday 24 November employees will be provided with further information on the day with regards to their work allocation / location for the day.

If you are a multi-postholder across different bases you should report to the location below for the school you would be expected to have worked at on Thursday 24 November.

Facilities Management employees based within the Education estate should report to their normal work location unless otherwise instructed.

Secondary Schools

Facility Planning Arrangements

Bearsden Academy

Will remain open for employees

Bishopbriggs Academy

Will remain open for employees

Boclair Academy

Will remain open for employees

Douglas Academy

Will remain open for employees

Kirkintilloch High

Will remain open for employees

Lenzie Academy

Will remain open for employees

St Ninian’s High

Will remain open for employees

Turnbull High

Will remain open for employees

Primary Schools / ASN School

Facility Planning Arrangements

Baljaffray Primary

Report to Bearsden Academy

Bearsden Primary

Report to Bearsden Academy

Castlehill Primary

Report to Bearsden Academy

Mosshead Primary

Report to Bearsden Academy

St Nicholas Primary

Report to Bearsden Academy

St Helens Primary

Report to Bishopbriggs Academy

Thomas Muir Primary

Report to Bishopbriggs Academy

Colquhoun Park Primary

Report to Boclair Academy

Killermont Primary

Report to Boclair Academy

Westerton Primary

Report to Boclair Academy

Baldernock Primary

Report to Douglas Academy

Clober Primary

Report to Douglas Academy

Craigdhu Primary

Report to Douglas Academy

Milngavie Primary

Report to Douglas Academy

Craighead Primary

Report to Kirkintilloch High

Gartconner Primary

Report to Kirkintilloch High

Harestanes Primary

Report to Kirkintilloch High

Hillhead Primary

Report to Kirkintilloch High

Holy Trinity Primary

Report to Kirkintilloch High

Oxgang Primary

Report to Kirkintilloch High

Twechar Primary

Report to Kirkintilloch High

Campsie View School

Report to Lenzie Academy

Holy Family Primary

Report to Lenzie Academy

Lenzie Meadow Primary

Report to Lenzie Academy

Millersneuk Primary

Report to Lenzie Academy

Campsie View School

Report to Lenzie Academy

Lairdsland Primary

Report to St Ninian’s High

Lennoxtown Primary

Report to St Ninian’s High

Merkland School

Report to St Ninian’s High

St Machan’s Primary

Report to St Ninian’s High

Torrance Primary

Report to St Ninian’s High

Balmuildy Primary

Report to Turnbull High

Meadowburn Primary

Report to Turnbull High

St Matthew’s Primary

Report to Turnbull High

Wester Cleddens Primary

Report to Turnbull High

Education (Teaching) Non School Based

Facility Planning Arrangements

Donaldson Street

Report to St Ninian’s High

New College Lanarkshire

Report to St Ninian’s High

Instrumental Music (various locations)

Report to Boclair Academy

EMPLOYEE REPORTING BASES & OPERATIONAL ARRANGEMENTS

Attendance at Events – Meetings/Training Courses/Conferences/Further Education

  • If you are pre-booked to attend an off-site meeting, training course, conference or attend Further Education on Thursday 24 November, you must make arrangements to report for duty to the location specified above no later than your normal start time on the day(s) of action.
  • Reporting to the locations outlined above is required to take place before you attend the event to record your availability for work that day and ensure normal payment of wages.

EMPLOYEE WORKING ARRANGEMENTS DURING THIS STRIKE ACTION

In addition to the reporting arrangements detailed above and to help clarify and ensure consistency in approach and treatment of employees, I would also confirm the following:

If you are a member EIS or AHDS you are governed by the strike mandate:

  • You are protected by the strike action mandate if you choose to participate in this strike action

Approved exemption if you are a member of EIS or AHDS:

  • If you have reported to your Head Teacher/Line manager that you are pregnant, or intend to retire and are in your final year of service, you will be granted an exemption as to be on strike can impact on your Maternity Entitlement or Pension respectively. You will be provided a letter to state you are exempt.

Line Manager/Head Teachers should email the HR Business Partner mailbox with a list of names within each of the above categories.

If you are not a member of EIS or AHDS, you are not covered by a mandate and therefore are advised to report as directed above at the start of your normal contracted working time for Thursday 24 November 2022:

  • You are not protected by any ballot mandate if you chose to participate in any form of industrial action and as such, participating in this action is a breach of your contract;
  • If you have any uncertainties, please speak directly to your trades union Convenor or line manager.

If you are a non-trade union member:

  • Regardless of your work location, you are not protected by any ballot mandate if you chose to participate in any form of industrial action and as such, participating in this action is a breach of your contract;
  • You are therefore advised to report as directed above at the start of your normal contracted working day;
  • If you have any uncertainties, please speak directly to your line manager.

Remarks / Comments in relation to Industrial Action:

  • All employees must be aware of the implications of any posts or comments made either in person or through Social Media.
  • This includes any derogatory language or remarks made or intimidating behaviours made towards those participating or not participating in action either before, during or after strike action taking place.
  • In all circumstances, the established policies and procedures will be invoked in any instances.

As your employer it is vitally important that we ensure that all employees fully understand the implications of participating in industrial action.

IMPLICATIONS FOR EMPLOYEES – AS PER NOTIFIED STRIKE ACTION ABOVE (TEACHING STAFF ONLY)

The Council wishes to ensure that all employees are treated consistently through this dispute and that sufficient information is available to all employees to enable them to make an informed decision about participation in this industrial action.

Sick Pay Scheme

As during previous strike action, if an employee reports as sick on the day of action, the facility to self-certify absence will not be available for Teaching employees on the 24 November. Payment for the day will only be made for those employees who are already on sick leave supported by a fit note or those who provide a fit note for the day.

Annual Leave/Special Leave

Annual leave/special leave will not be granted to all teaching employees for these days, except leave which has been pre-booked and pre-approved before Thursday 10 November 2022.  Any leave requests made or approved on Thursday 10 November 2022 or after will not be granted

CPD/Conferences

Requests for CPD/Conferences

Any new requests received from Teachers to attend CPD/Conferences on Thursday 24 November 2022 will not to be approved

Out of Class Time

Non-Contact Time, preparation or marking time is not permitted to be approved for Thursday 24 November 2022.

Facility to Smart Work or Home Work

The facility to Smart or Home work to undertake out of class activities will not be available to Teaching employees on the days of strike action.  Arrangements outlined within specific guidance above on working arrangements and sign in locations will apply.

Attendance at Off-site meetings/Training Courses/Conferences/Further Education

As detailed above, if you are pre-booked to attend an off-site meeting, training course, conference or attend Further Education on the 24 November, you must make arrangements to report for duty no later than your normal start time on the day of action to the appropriate location as directed above before you attend the event to record your availability for work that day and ensure normal payment of wages.

Pay Deduction for participation in industrial action

  • The Council will not make any payment Thursday 24 November where an employee chooses to participate in industrial action.
  • It is the Council’s position that if an employee does not report to work and perform their contractual obligations for that day, the employee will not be entitled to “quantum merit” – in other words they will not be paid for the value of any work performed on that day where they did not fulfil all of their contractual obligations.
  • Employees who do choose to report for work but do not subsequently carry out their contracted job and the obligations expected of them that day will not receive payment for that day
  • Pay deductions made as a response to employees taking part in strike action or industrial action short of a strike are excluded from the unlawful deduction of wages provisions in the Employment Rights Act.
  • Employees taking part in the industrial action will lose a day’s pay calculated in accordance with their Conditions of Service, pro-rated in respect of part time employees.
  • This will also be applied to other employees who do not present themselves for work on the day of action as detailed above and who have no formal prior authorisation to be absent from work.
  • The deduction made will be the contractual hours for that day (as described above). This calculation applies to full-time and part time Teaching employees who are contracted to work on Thursday 24 November 2022 but who do not present themselves for work on those day(s) or who do not fulfil their contractual work obligations that day.
  • Those employees who do participate in the strike action will have the appropriate pay deduction made from their salary/wage in December pay. 

Pensions

  • Time lost to industrial action does not count as pensionable service.
  • Employees will therefore not pay pension contributions for the days of unpaid strike action on Thursday 24 November 2022, and this will not be counted in pension benefit calculations.
  • Employees can contact the SPPA to enquire about restoring lost service.
  • Whilst a strike breaks the contract of employment it does not break the continuity of employment if the employee returns to work after the strike ends.
  • Detailed advice and guidance on pension issues can be provided by the pension providers.

I hope you find this information helpful in explaining the Council’s approach to the strike action and that it provides you, as an employee, with all relevant information to enable you to understand your position and any potential implications.

The Industrial Action page of the Council website will be updated with this latest information and the update will be shared through Council social media channels.

Thank you

Ann Davie

Depute Chief Executive