Legal and practical implications of industrial action in schools and academy trusts

Industrial action is a complex legal issue that has many implications for both workers and employers alike, especially within the education sector.

Industrial action refers to any form of collective protest by employees to express their dissatisfaction for working conditions, typically in the form of a strike. It is a powerful tool that employees can use to voice their grievances and demand changes in their working conditions.

There are however various rules regulating how industrial action is arranged and conducted as well as rules governing the employer’s response to such action. The law surrounding industrial disputes and strike action is laid down in the Trade Union and Labour Relations (Consolidation) Act 1992, as amended by subsequent legislation, and provides a framework for workers to take industrial action.

The NEU have recently announced that teachers will strike over pay in England and Wales across seven dates in February and March, although they say any individual school will only be affected on a maximum of four out of the seven dates. Action has already taken place on 1st and 14th February and further strikes are planned for the following days:

• 28 February: North and north-west England, Yorkshire and Humber
• 1 March: East Midlands, West Midlands, and the NEU's eastern region
• 2 March: South-east and south-west England, and London
• 15 and 16 March: Two-day strike of all schools in England and Wales

Impact on Students
For schools and academy trusts, industrial action can have significant implications for students, parents, and the wider community. Disruptions in education can have a detrimental effect on a student’s ability to learn and keep pace with the curriculum, for example, if a teacher goes on strike and classes are cancelled students could miss important lessons which could impact their ability to catch up at a later date.

Impact on schools and academy trusts
From a school and academy trust perspective, there will be a significant challenge when balancing their obligations as an employer with minimising the impact industrial action has on their students. It is vital that both sides work together to find a resolution so pupils continue with their education and aren’t put at risk.

How we can help…
Our Education HR website provides subscribers with detailed guidance both on the legal and practical implications of industrial action here. Other useful website resources available include FAQs, template letters confirming the deduction of pay following the strike action & for staff taking unlawful/ unofficial action, and an Industrial Action Checklist.

Contact us today on 0330 123 2549 or at enquire@strictlyeducation.co.uk to find out how the team at Strictly can help your school or MAT. We are happy to answer your questions.