Covering striking teachers - is this allowed?

[kickingking]

Hypothetically, if a head teacher arranges cover for a striking teacher tomorrow - is that illegal?

If this were reported, what action could be taken? And who could it be reported to?

AFAIK it depends whether it is internal cover or external - normally you can't use agency workers to cover a striking worker's post. But you could ask other existing staff to cover. I guess it would depend how a supply teacher was classed.

And you would talk to your union about it.

I'll avoid the political points...

So if it was internal cover, it would be OK?
Legally, if not morally/politically?

I'm not an expert in this area (don't do much industrial relations stuff), but as far as I know yes. That's why, for example, when underground staff strike managers often man ticket barriers, etc.

I am a TA these days. During the last strike day my class teacher was striking. Even though I can cover at other times during the strike day I was not allowed. Instead the class was shut.

Other teaching staff can't cover though - you are not supposed to cover for a colleague striking

Do either of you know whether that's a legal rule (as in part of the legislation on striking) or just something that the schools do/ a local authority rule?

Definitely in union rules... I'll see what I can find...

Existing staff can cover but an employer isn't allowed to get temps/agency staff in just to cover. That's why for example police are being used to cover immigration control. That's perefectly permissible. Similarly when some teachers strike and others dont, it is possible to merge classes etc.

Legally you can cover for a colleague striking but if you're a union member you will probably come under pressure not to do this.

mrsheculepoirot- yes, but that would only apply if you were in the union, no? So a union member would not cover for another union member, but a teacher not in a union (or, presumably in one with a no strike policy) could choose to cover?

When colleagues are taking industrial action but ATL has not balloted, you should work as normally as the circumstances permit but you should not undermine your colleagues' action.

With this in mind, in the case of maintained schools, you should be aware of the provision in the School Teachers' Pay and Conditions Document that all directions of headteachers are subject to the requirement of reasonableness: if an instruction is clearly unreasonable, it can legitimately be refused.

ATL will normally consider it unreasonable for you to be asked:

to take over the work of colleagues engaged in industrial action, other than in exceptional circumstances (such as genuine emergency)

to undertake a teaching load greater than usual or to accept additional responsibilities or duties as a result of colleagues taking industrial action

to agree to the amalgamation of groups of pupils or students or to the division of one group between others as a result of colleagues taking industrial action.

If you're not in a union then yes you will be in a difficult position although you could argue it is unreasonable under teachers pay and conditions to be asked to cover. Even unions not striking are not supposed to cover those that are. Surely everyone should be in a union?

That's interesting, thanks. So that's about you as a union member when you are not on strike and another union is. Seems reasonable that you would work normally (it is illegal to indirectly support a strike if you've not been balloted anyway) but not take on an amalgamated class. (leaving aside the whole issue of striking more generally).

You can chose to cover of course...

Agencies are specifically prohibited from sending workers to take the place of striking workers (Conduct of Employment Agencies and Employment Businesses Regulations 2003). An employer cannot, therefore, use agency staff to carry out the duties of striking employees, although this area has not been fully tested in the courts and there are significant uncertainties.

That is the only restriction as far as I am aware. Provided they don't use agency staff or break any other laws, employers are entitled to cover for striking employees any way they want within reason.