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The staffroom

Whether you're a permanent teacher, supply teacher or student teacher, you'll find others in the same situation on our Staffroom forum.

Striking logistics

5 replies

DrMadelineMaxwell · 20/01/2023 17:53

It was my understanding that headteachers were able to ask their staff whether they were intending to strike, but that it was not a requirement of the staff to answer, or to answer truthfully. I recall previous occasions where strikes have occurred where we have told parents of certain classes that their children can't come in on that day as the class was shut due to striking because they had informed the HT in advance that they weren't striking.

My HT has told us that she is not allowed to ask people which union they are in. Is this right?

OP posts:
MrsHamlet · 20/01/2023 18:22

She is right. She cannot ask and members cannot be compelled to say.

FASDE1517 · 20/01/2023 21:10

She is right. She can ask but you are not obligated to answer.

DrMadelineMaxwell · 21/01/2023 21:41

In the FAQ on the Nasuwt site it says on their page about when other unions are striking...
Can an employer ask NASUWT members if they will be in work during the period of any strike action?

The law does not permit employers to seek this information. Such enquiries could be tantamount to intimidation by the employer and would be unacceptable.

There is no requirement or obligation for NASUWT members to advise their employer whether they will be in work or not ahead of the day of any strike action.

OP posts:
Fifthtimelucky · 21/01/2023 23:30

The NASUWT line is inconsistent with the DfE Guidance which says (on p5):

´While employees are not required to tell their employers whether they intend to take strike action, employers are able to ask staff in advance if they intend to strike to enable them to plan how to manage the strike.´

I know a number of people have criticised that guidance, but I imagine it's more likely to be correct on the legal position than the NASUWT guidance is.

MrsHamlet · 22/01/2023 10:23

Heads don't know which union staff are in.
They can't ask which union staff are in.
The new guidance says they can ask if staff intend to strike.
Staff can't be obliged or compelled to answer.

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