Over the summer, UNISON, GMB and UNITE the UNION, balloted their members who support the running and operation of schools and early years establishments asking if they would be willing to take part in industrial action in response to the proposed pay award for 2023. UNITE the UNION returned a positive ballot and have since announced the dates that they intend to take strike action.
Both GMB and UNISON did not receive positive ballots. However, GMB are re-balloting their members and the ballot closes on 2 October 2023.
Employees who are members of UNITE the UNION and are employed to support the running or operation of a school or early years establishment within North Lanarkshire Council have been asked to participate in strike action. This includes janitorial, cleaning and catering staff, technicians, administrative staff, ASNA’s, classroom assistants and all early years workers. No other employees or trade union members within schools or early years establishments or the Council are affected at this time and should attend work as normal.
No, all teaching staff should attend work as normal.
The strike commences at 4 am on Tuesday 26th September 2023 and continues until 3.59 am on Friday 29th September 2023. This means that the strike will affect the operation of schools during the working hours of Tuesday 26th, Wednesday 27th and Thursday 28th September.
Whilst North Lanarkshire Council has had no notice of any further strike action, there is a possibility that further strike days will be planned if the Trade Unions remain dissatisfied with the proposed pay award for 2023.
The pay award is agreed nationally between Cosla and the trade unions.
You should attend work as normal. If you are concerned about attending work on any of the planned strike days, please discuss this with your line manager.
You should attend work as normal as the GMB are not calling their members out on strike at this time. If you are concerned about attending work on any of the planned strike days, please discuss this with your line manager.
This is not the case, and if you are not participating in the strike, you will be required to attend your place of work as normal. If there is a picket line at your place of work, it should be peaceful and you should be able to cross this safely and quickly. If you remain concerned about crossing a picket line, please contact your line manager to discuss.
Picket lines can only be formed outside the workplace where the people involved in the strike are based, this means there is likely to be picket lines outside schools and Family Learning Centres. Pickets should be peaceful and you should be able to cross the picket line freely. However, if you refuse to cross the picket line, it will be assumed that you are associated with the strike action and you will have pay deducted for the days you did not attend work and you may be subject to disciplinary action. You should contact your line manager immediately if you consider that you are unable to cross the picket line for guidance and support to do so.
The law allows pickets to seek to explain their case to those entering or leaving the picketed premises, and/or to ask them not to enter or leave the premises where the dispute is taking place. This may be done by speaking to people, or it may involve the distribution of leaflets or the carrying of banners or placards. In all cases, any such activity must be carried out peacefully without abusive or threatening behaviour.
What advice can you provide to me about crossing the picket line?
Any employee crossing the picket line might find these suggestions useful:
• Show willingness to communicate with the picketers.
• Explain in a polite manner that you have the legal right to report to work.
• Remain calm.
• Arrange to come into work with a colleague so that you are not entering the workplace alone.
• If there is an alternative door to the building, ask your line manager if you can use this.
If you are not allowed through the picket line or feel threatened at any time you are advised not to use force in return. If any such incidents occur, you must report the matter immediately to your line manager or another manager at your location.
No, you are only permitted to picket at your place of work and your trade union should ensure that this is the case.
You do not have to take part in industrial action, but you may wish to discuss with your trade union any implications if you do not support the action.
Your salary will be deducted with the total amount of hours you were due to work on the days that you participated in the strike action including any contractual overtime etc.
Your salary will be deducted with the total amount of hours you were due to work on the days that you participated in the strike action at the normal hourly rate for the grade of your post and not the term time rate.
If your school or establishment has to close due to the strike, your line manager will be in touch to discuss alternative arrangements.
No this would not be permitted. If you have issues with childcare, you can request annual leave or unpaid leave.
The Council has not been advised on this, however the trade union should provide you with more detail on this and answer any questions that you may have.
If you are on strike, the Council will not pay any pension contributions for the days that you do not attend work. Your pension contributions will not be deducted at source, but you can arrange to pay the contributions yourself. Further information is available from LGPS and instructions regarding this will be issued from the Employee Service Centre following the strike.
It is your responsibility to ensure that any shortfall as a result of a personal deduction not being made is covered and you should make the appropriate arrangements in advance of the strike days to ensure this happens.
If you are not scheduled to attend work on the day(s) of strike action, you will receive your normal pay for the day.
If your annual leave was booked prior to the strike dates being announced by the Council, then you should continue to take your leave and will be paid as normal. Once the strike has been announced your manager is no longer able to approve annual leave or any other form of leave on the days of the strike action.
No, once the strike has been announced, anyone who supports the running or operation of a school or early years establishment will not have their annual leave approved for the days that the strike is taking place. If you have booked leave prior to the strike days being announced, your leave will go ahead as normal and you will continue to be paid.
You should check with your trade union to see if you are exempt.
To be entitled to statutory maternity pay (SMP) a woman must have the necessary continuous service and have stopped work wholly or partly because of pregnancy. If she is absent from work, however, because of strike action at the expected commencement of maternity leave, it is unlikely that she will be able to claim successfully that she is absent because of pregnancy. Consequently, there will be no entitlement to SMP until she returns to work and triggers the entitlement.
Periods spent on strike do not break continuity for the purposes of qualifying for statutory maternity pay and leave. However, the number of days between the last working day before the strike and the day on which work resumes will not count.
In practice the trade union will often ‘exempt’ pregnant women from taking part in official industrial action but you should check with your trade union.
In practice the trade union will often ‘exempt’ the following categories of staff from taking part in official industrial action. You should speak to your Trade Union representative should you require any further information.
Employees who have intimated that they are in the last year of their employment prior to retiring and who are in the SPPA Pension Fund.
Employees under notice of redundancy; and/or where a date for redundancy has been agreed.
Any pregnant employee who has notified the Council of their expected date of birth
Those in receipt of state benefits which may be affected if they take part in strike action.
These staff are therefore able to work normally. However, in all cases, if they choose to strike their pay will be deducted in the usual way.
If you work in a school or early years establishment, you will need a fit note to cover any absence that occurs during the period of the strike otherwise you will be recorded as being on strike and your salary will be deducted accordingly.
If you work in a school or early years establishment, you will need a fit note to cover any absence that occurs during the period of the strike otherwise you will be recorded as being on strike and your salary will be deducted accordingly.
If you are not a member of the affected trade union and decide not to attend work on any of the strike days, you will be recorded as being on unauthorised absence from work, have your salary deducted and may be subject to disciplinary action.
You should seek guidance from the Trade Union on this. If any employee who is not eligible to do so participates in industrial action, as above, you will be recorded as being on unauthorised absence from work, have your salary deducted and may be subject to disciplinary action.
A line manager can ask the question to employees, however please note that employees are not obligated to provide an answer although they should answer this question if asked after the event.
No, this would not be approved or permitted during the period of the strike.
If the council decides to close a particular workplace and you are required to report for normal duties you will be advised before the day of the strike to report to an alternative Council building that will be open. You will be required to contact your line manager (or appointed person) to confirm your presence. If the council cannot find alternative duties, as a last resort, you may be sent home on full pay.
If you are required to work at an alternative workplace you will be reimbursed the cost of any additional travel costs. These costs can be claimed by completing a Travel & Expenses Claim Form or using the online version, where available.
Arrangements must be put in place to ensure that an attendance record is made of all those employees who have reported to work on the day of the industrial action and those who have not. This is in order that the subsequent request for information from payroll of the names of those who had taken industrial action can be accurately completed. The ESC will provide managers with instructions on how to deal with this.
If you have any other questions or concerns, please contact your line manager or contact the Employment and Policy Team at EmploymentPolicyTeam@northlan.gov.uk.