The Council has been advised by the SSTA and NASUWT Teachers’ unions, that they are calling their members out on strike on Wednesday 7 December 2022 as part of the ongoing national pay dispute.
As a result of this strike action, Holy Trinity, Meadowburn and Lennoxtown Primary Schools and all Secondary Schools in East Dunbartonshire will be closed to pupils on Wednesday 7 December.
All Early Years Centres and ASN Schools will remain open on that day, along with all other Primary Schools.
Parents and carers are being advised of the strike action and resulting school closures directly by schools and the usual arrangements will be made for those in receipt of free school meals.
i. SIGNING IN ARRANGEMENTS FOR EDUCATION EMPLOYEES (TEACHING AND NON TEACHING) BASED WITHIN THE SCHOOLS.
All school buildings will remain open for employees, therefore Education employees (Teaching and Non Teaching) based within schools and not part of the ballot will be able to sign in at their normal work location.
On reporting for work on Wednesday 7 December, employees will be provided with further information on the day about their work allocation / location for the day.
If you are a multi-postholder across different bases you should report to the location you would be expected to work at on Wednesday 7 December.
Facilities Management employees based within the Education estate should report to their normal work location unless otherwise instructed.
ii. 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 Wednesday 7 December, you must make arrangements to report for duty to your usual working location no later than your normal start time on the day of action.
- Reporting to your usual work location 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 of SSTA and NASUWT 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 SSTA and NASUWT:
- 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 and should report to work as normal.
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 SSTA and NASUWT, 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 Wednesday 7 December 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 7 December 2022. 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 Wednesday 7 December 2022. Any leave requests made or approved on Wednesday 7 December or after will not be granted
CPD/Conferences
Requests for CPD/Conferences
Any new requests received from Teachers to attend CPD/Conferences on Wednesday 7 December 2022 will not to be approved
Out of Class Time
Non-Contact Time, preparation or marking time is not permitted to be approved for 7 December 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 7 December, you must make arrangements to report for duty no later than your normal start time on the day of action to your usual work location 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 Wednesday 7 December 2022 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 Wednesday 7 December 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 January 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 Wednesday 7 December 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