NASUWT INDUSTRIAL ACTION

Frequently Asked Questions and Answers

Preparing for the ballot 1. Why is the NASUWT balloting its members for industrial action?

The NASUWT is a pragmatic trade union.

It is also an apolitical union and as such is committed to seeking to

working constructively with all governments, regardless of their political

colour.

The NASUWT has endeavoured for the last eighteen months, since the

General Election, to work constructively with all governments across

the UK, including attending meetings, responding in detail to formal

consultations and sharing information and research findings.

We have highlight the potential and actual impact of the education

policies which have been developed and are planned but despite this

teachers have been subjected to relentless attacks through reforms

and cuts.

For example, these attacks include:

● two year pay freeze;

● proposals to force teachers to work until they are 68;

● proposals to increase pension contributions by up to £100 per

month;

● abolition of national negotiating machinery removing the

opportunity for concerns regarding pay and conditions of service to

be discussed;

● job loss and jobs under threat as a result of cuts and curriculum

change;

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● spiralling workload pressures, as a result of changes to inspection

and accountability and burgeoning bureaucracy;

● failure to ensure teachers receive their contractual entitlements.

As a result of these attacks, half of teachers are seriously

considering quitting teaching altogether, two thirds feel professionally

disempowered and over 97% do not believe government policies will

raise standards of education.

More adverse changes are planned, therefore, there is no alternative

than to ballot members for a collective dispute arising from actual and

proposed changes introduced by governments which affect adversely

the working conditions of NASUWT members and undermine their

ability to work effectively to raise standards.

The current dispute seeks to resolve four main issues:

○ adverse changes affecting teachers’ pensions;○ adverse changes affecting teachers’ workloads;○ adverse changes affecting teachers’ terms and conditions (including

pay and pay progression); and○ adverse changes affecting teachers’ job security.

2. Why is now the right time to ballot for industrial action?Many adverse changes have already taken place. More are

planned, including changes to inspection, changes to performance

management/appraisal, changes to the teacher’s contract, further

curriculum changes and further cuts and school rationalisation which

will lead to job loss.

It is planned to introduce the overwhelming majority of these changes

within the current academic year. Failure to take action now will mean

that government will press ahead and will claim, in the absence of

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action, that teachers are content with the changes.

3. Why didn’t the NASUWT ballot earlier on pensions?The NASUWT has worked in conjunction with other unions through the

TUC and followed the TUC’s co-ordinated strategy.

We consulted members extensively throughout the last year on the

developments with regard to pensions. We participated fully in and

sought to exhaust the pension negotiations, as members requested us

to do before balloting for action.

Unfortunately, despite the best efforts of the NASUWT and the TUC,

negotiations have made little progress and at the end of October the

period of formal consultation on contribution increases comes to an

end.

4. What can industrial action achieve?A strong vote in favour of industrial action will send a clear message

to the government that teachers are deeply unhappy with the direction

of travel of policy, with the attacks and denigration they and suffering

and will put the government under pressure to listen to the voice of

teachers and engage in meaningful negotiations with the NASUWT on

pensions, workload, pay and conditions and jobs.

The NASUWT has a track record of successful industrial action and

when we have taken national action in the past we have secured major

gains for members and teachers.

Determined industrial action does make a difference.

NASUWT national industrial action in the past has secured among

other things a review of the national curriculum leading to the

introduction of external markers for key stage tests and national

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negotiations on pay and conditions of service to address workload

issues which led to the National Agreement which in turn resulted in

improvements of the teacher’s contract, including PPA time.

5. What would resolve this dispute?The NASUWT has written to ministers setting out what would resolve

this dispute. The letters can be found on www.nasuwt.org.uk/

IndustrialAction

6. In view of the economic problems the country faces, how can the NASUWT justify balloting for industrial action?Teachers did not cause the economic crisis.

Attacking teachers, damaging their morale and motivation and

reducing investment in schools is no way to secure economic recovery.

Many of the changes being made which are worsening teachers’

conditions of service and increasing workload are nothing to do with

the economic crisis. In many respects the deficit is being used by the

government to make a whole series of ideological changes.

In addition, the NASUWT has set out to government that there is an

alternative to economic austerity, cuts to public spending and the

privatisation of public services. The NASUWT ten point plan can be

found on www.nasuwt.org.uk/10pointplan.

Research evidence confirms that half of teachers would quit the

profession altogether if economic conditions improved. The only way

to avert a recruitment and retention crisis in teaching is by investment

and action by government to secure good working conditions, decent

pensions and stable employment. Education is critically important to

the country’s economic recovery.

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7. Isn’t industrial action likely to upset parents and the public?The NASUWT industrial action strategy is designed to be pupil, parent

and public friendly – freeing teachers to do what parents and the public

expects of them, focus on teaching and learning.

The NASUWT’s starting point for calling an industrial action is that we

want to ensure the provision of high-quality education. The proposed

action short of strike action will be pupil, parent and public friendly

- nothing in the action short of strike action will damage children’s

education. The action short of strike action will remove the tasks and

burdens from teachers which distract them from teaching and learning.

In addition, strike action will be utilised sparingly only where it is

necessary and appropriate to do so.

8. What questions will be included on the ballot paper and how should the ballot paper be completed?The ballot paper will include TWO questions. It is essential that BOTH

of these are answered. The two questions will be:

Are you prepared to take part in strike action YES NO

in furtherance of this dispute?

Are you prepared to take part in industrial action

short of strike action in furtherance of this dispute? YES NO

The NASUWT is urging members to VOTE “YES” in answer to BOTH

questions.

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9. What is the timetable for the ballot?For England, Wales and Northern Ireland the ballot timetable is as

follows.

17 October 2011 Notification to employers in accordance with legal

requirements

4 November 2011 Ballot papers posted to members’ home addresses

17 November 2011 Ballot closes after first post arrives at Electoral

Reform Services

18 November 2011 Employers and members notified of the outcome of the

ballot and, subject to a successful result, the action to

be taken.

The ballot is being conducted by the Electoral Reform Services,

independent scrutineers. A first class return addressed envelope will

be provided with your ballot paper for you to cast your vote.

Members in Scotland are being balloted separately. The ballot process

will mirror the timescale above.

10. Why is there a different process for balloting members in Scotland?For a variety of reasons the situation in Scotland is rather more

complex than the rest of the UK and so the NASUWT is balloting on a

school by school basis.

11. Who is eligible to vote in the ballot?The Union is in dispute with ministers over adverse changes to

pensions, workload, conditions of service, including pay and pay

progression and job loss.

The NASUWT intends to ballot England, Wales and Northern Ireland

members working in:

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In England In Wales In Northern Ireland● All maintained schools,

including community,

foundation, voluntary

aided, aided and

controlled.

● Academies and trust

schools.

● Independent schools

in the Teachers’

Superannuation

Scheme.

● Sixth-form colleges.

● Service Children’s

Education (SCE).

● All maintained schools,

including community,

foundation, voluntary

aided, aided and

controlled.

● Independent schools

in the Teachers’

Superannuation

Scheme.

● Sixth-form colleges.

● Further Education

Colleges.

● Controlled schools.

● Maintained schools.

● Voluntary grammar

schools.

● Grant-maintained

schools.

● Integrated schools.

● Irish medium schools.

● FE colleges.

The NASUWT is in dispute with The Government over adverse

changes to pensions, workload, conditions of service, including pay

and pay progression and job loss. The Union has made clear, in

information to members, who is eligible to vote.

You must not vote and must not take industrial action if, at the end of November 2011:● you will no longer be in employment;

● you will be employed by a Teacher Supply Agency;

● you will be employed by an employer, who does not contribute to

the Teachers’ Pension Scheme;

● you will be retired from the profession.

If you are in any doubt about whether or not you should vote then please contact the Action Advice Line on 0121 457 6292.The results of the ballot will be available as soon as possible after

the ballot closes on the Union’s website at www.nasuwt.org.uk/

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industrialaction. If we hold email contact details for you, we will email

you the ballot results. If we hold a mobile telephone number for you we

will text you the ballot results.

It remains critically important that your membership contact details, including your email and mobile telephone contact details, are up to date.

You can view and update your records online by logging onto the

Union’s website at www.nasuwt.org.uk and accessing ‘My Details’

within the Interactive Zone or by phoning our Membership Team on

0121 457 6211.

12. How will NASUWT members be balloted for action?For members in England, Northern Ireland and Wales, ballot papers

will be issued by Electoral Reform Services on Friday, 4th November

2011. All members should have received their ballot paper by 7

November.

For members in Scotland the NASUWT will administer the ballot on a

school by school basis. Members will receive a ballot paper at their

home address. The ballot paper will clearly specify the date for the

return of the paper and as for the rest of the UK a first class return

envelope will be provided for the casting of the vote.

Members in England, Northern Ireland, Scotland and Wales will

receive specific information on the arrangements for the conduct of

the ballot. It is important that members refer to the information relevant

to them. Information can also be accessed at: www.nasuwt.org.uk/

IndustrialAction

13. What should members do if they have not received a ballot paper but believe they are eligible to vote?If you have not received a ballot paper by November 8th, please contact

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immediately the NASUWT Action Advice Line on 0121 457 6292 which

is open Monday to Friday from 8:30am to 5:30pm.

14. Can a member who has lost their ballot paper still vote in the ballot?If you have lost your ballot paper, please immediately contact the

NASUWT Action Advice Line on 0121 457 6292 which is open Monday

to Friday from 8:30am to 5:30pm.

15. NASUWT members In Northern Ireland are already engaged in industrial action and so why is a new ballot of members necessary?The current industrial action in Northern Ireland is a trade dispute

over workload. That action will continue until such time as satisfactory

progress is made to resolve the workload issue and its continuation will

not be affected by the new ballot.

The new ballot of members in Northern Ireland will address additional

issues that are not addressed under the current trade dispute on

workload. The legislation does not allow the focus or purpose of

existing ballots to be changed. Therefore in order to engage in

industrial action on pensions and jobs a new ballot is required.

It is important that members vote YES to support and enable additional

action on these important issues. Without a positive “YES” vote in the

new ballot, members in Northern Ireland will not be able to participate

in national action to defend their jobs and pensions.

16. My school has no involvement in the Government’s proposals to change the Teachers’ Pension Scheme or worsen teachers’ terms and conditions. Why has my employer therefore received formal

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notification that the NASUWT is in dispute? The NASUWT dispute is with a Minister of the Crown. The legislation

confirms that a dispute between a Minister of the Crown and any

workers shall be treated as a dispute between workers and their

employer, if the dispute relates to matters which cannot be settled

without the Minister of the Crown exercising a power conferred on him,

by or under an enactment.

This means that because the resolution to the detrimental changes on

teachers’ pensions, workloads and other terms and conditions arises

from the decisions of the relevant ministers, this in law can be regarded

as a dispute with your employer because only the relevant minister can

resolve the dispute.

Changes to the statutory framework for teachers’ pensions, and other

reforms affecting teachers’ workloads, terms and conditions and

job security are matters which may only be resolved by the relevant

ministers.

Your employers can of course themselves put pressure on the

Ministers to resolve the dispute as quickly as possible.

17. Can teachers who joined the NASUWT during the ballot, but who did not receive a ballot paper, participate in the industrial action?Yes, provided they work for an employer covered by the dispute (see

answer to Question 11 above).

18. Can teachers who join the NASUWT after the ballot has closed take part in the industrial action?Yes, provided they work for an employer covered by the dispute (see

answer to Question 11 above).

19. Are other unions preparing for industrial action? Many trades unions across the public sector are preparing to take

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industrial action. These include unions representing teachers,

headteachers and school support staff.

20. Is the NASUWT campaigning with other unions?The NASUWT remains committed to working closely with other public

sector unions, including other teacher unions, to protect the interests of

teachers, headteachers and other public service workers.

21. Is the NASUWT balloting members just so the union can take part in the TUC national day of action on 30th November?No. The NASUWT is balloting its members because we believe that

there is a clear trade dispute with government on the imposition of a

number of adverse changes affecting teachers.

The NASUWT industrial action is not only about pensions justice, but

also seeks to address the concerns raised with us by members about

workload, terms and conditions and job loss and job security.

Members have made it clear that they support industrial action to

address these concerns.

A YES vote for strike action will enable NASUWT members to take

jointly timed action with other unions for example on 30 November.

22. What will happen if there is a ‘Yes’ vote for industrial action?On the 18th November members and employers will be notified of the

ballot result and the initial industrial action members will be taking.

A majority ‘YES’ vote to both ballot questions will allow NASUWT

members to take action short of strike action and any planned strike

action.

The action short of strike action will focus on removing from members

those tasks and burdens which are causing excessive workload which

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is distracting them from teaching and learning. It will also enable them

to secure their contractual entitlements

Strike action would be used sparingly and only as appropriate. A

successful ballot on strike action would enable members to take part in:

● national strike action which the NASUWT may plan;● targeted strike action in a cluster of schools or a constituency

(possibly sustained);● strike action in individual schools in response to any employer who

may have a hostile response to the action short of strike action;● jointly timed action with other public service unions

This is why the NASUWT urges members to vote “YES” to BOTH ballot questions.

23. Why isn’t the Union just balloting for strike action?The NASUWT’s starting position is that we want to use the action to

support members to ensure the provision of high-quality education.

The focus will therefore be on action short of strike action where the

purpose is to enable teachers to work effectively to raise standards.

Action short of strike action will be pupil, parent and public friendly

- nothing in the action short of strike action will damage children’s

education.

Strike action is an important option to have but the NASUWT believes

that it should be utilised and only when and where it is necessary and

appropriate to do so.

Including action short of strike action in the NASUWT industrial action

strategy allows far more flexibility and will keep parents and the public

on board than just taking days of strike action.

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The NASUWT has a track record second to none in taking intelligent

industrial action and winning. We are confident that our strategy will

achieve results.

24. What will ‘action short of strike action’ mean in practice?A key part of the NASUWT strategy is action short of strike action. This

action is designed to be pupil, parent and public friendly and is unlikely

to cause any disruption to either pupils or their parents.

What it will do is enable teachers to work effectively and will send a

clear message to government about the working conditions needed to

raise standards.

Action short of strike action in the first instance will enable NASUWT

members to secure their contractual entitlements for example their

entitlement to guaranteed PPA time, their entitlement not to cover for

absent colleagues, their entitlement not to be subjected to excessive

classroom observation and monitoring. It will also relieve them of

activities that do not require the qualifications or skills of a qualified

teacher and which are causing excessive workload such as excessive

lesson planning, report writing, target setting and assessment.

25. Are there any specific plans to take strike action?Subject to a majority “YES” vote to both ballot questions, the NASUWT

Nation Action Committee will decide when it would be appropriate to

implement strike action.

A national day of action is being organised by the TUC to take place on

30 November 2011. A YES vote in the NASUWT ballot would enable

NASUWT members to join with other public service workers in that day

of action. No other national strike dates, other than the 30 November

have been planned by the NASUWT. Any further days of national strike

action will take place only as determined by the NASUWT National

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Action Committee.

26. When will action short of strike action commence?The National Action Committee will issue instructions on the timing

of action short of strike action. Members should take part in industrial

action short of strike action when instructed by the NASUWT to do so

and in accordance with the national action instructions issued by the

national union.

Subject to a successful ballot action short of strike action would

commence on 1 December 2011.

27. Am I obliged to tell my employer that I am participating in strike action?There is no need for you as an individual to inform your employer

that you are balloting or participating in industrial action. In order to

fulfil legal requirements, the Union has to provide employers with the

number of NASUWT members taking industrial action within each

workplace. The employer has no legal entitlement to have individual

names of those taking action and the NASUWT has therefore not

provided them.

Your employer may formally or informally request that you inform them

in advance of the commencement of any action whether you will be

taking part. You are under no legal obligation to inform your employer

in advance whether you will be participating in strike action or action

short of strike action. If you are approached by your employer about

this you should contact the NASUWT immediately.

If you do take part in strike action and after the event the employer

asks if you participated then you should answer truthfully.

28. Teachers in some schools have been told that the school does not recognise the NASUWT and therefore members cannot take

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part in industrial action. Is that correct?No. Whether or not your employer recognises NASUWT is irrelevant.

The dispute is with the Ministers of the Crown in England, Northern

Ireland, Scotland and Wales. The relevant legislation confirms that a

dispute with a Minister of the Crown will be treated as a dispute with

the employer where the dispute relates to matters which cannot be

settled without the minister exercising a power conferred on him/her by

legislation. Recognition of the union does not alter this position.

29. Will any members be exempt from participating in NASUWT industrial action?The issue of exemptions cannot be considered until after the ballot for

action has taken place. To identify that someone may be exempted

prior to the ballot could result in that person losing their entitlement to

vote.

The issue of exemptions only arises when industrial action and the

nature of that industrial action is to be taken has been determined. At

that stage the NASUWT National Action Committee will issue detailed

guidance to members in advance of the industrial action. This will

explain what is expected and what, if any exemptions, may apply to

particular groups of members.

Where the nature of the industrial action being proposed may have

implications for a particular group due to the nature of their contract

for example specific advice will be issued. Exemptions are usually

considered when strike action is planned.

30. How will the industrial action be implemented in schools that are considered to be ‘at risk’?Participation in industrial action in schools that are in an ‘at risk’

category will be determined by the NASUWT National Action

Committee on a case by case basis in the context of the nature of the

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action it is proposed to take.

31. Will extra-curricular activities undertaken by teachers on a voluntary basis be affected by the industrial action?The NASUWT industrial action is not aimed at disrupting pupils.

Therefore where members have volunteered to take extra curricular

activities the action will not prevent members continuing to participate.

32. In my school teachers have been forced to participate in extra- curricular activities including extra tuition for groups of pupils and detention supervision. Will the action instruction enable those teachers to with draw from these activities?Some members have advised the NASUWT that they have been

coerced and directed to take extra curricular activities. Where

members believe that this is the case in their school they can apply to

the National Action Committee for the action to cover their withdrawal

from these.

33. I was not included in the ballot because I was not eligible to vote. If strike action is called can I take part?No. You must make yourself available for work as usual. If your employer decides to close the school/college in which you are

working, you should ask what they want you to do on that day. You

could be directed to work from home or at another appropriate location.

The direction should be commensurate with your contract and job

description.

NASUWT members who have not been eligible to vote should not be

directed to cover the work normally undertaken by those NASUWT

colleagues who are participating in industrial action.

34. I am a supply teacher, eligible to participate in the ballot. How will the industrial action affect my work?If you work on daily supply the action will not prevent you from working

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normally.

If you are on a long term placement in a school covering for example

a maternity leave or long term sick leave, you would be able to

participate with colleagues in the action short of strike action.

Supply teachers are likely to have an increase in work as a result

of teachers based in schools refusing to cover as part of the action

short of strike action. Supply teachers would be able to accept such

employment without being in breach of the action.

35. What rights do members have if they participate in industrial action?

Some employers may take a hostile view of industrial action. There is

absolutely no reason why they should consider participation in action to

be inappropriate or unprofessional.

There is a legal entitlement for teachers and other workers to be

engaged in lawful industrial action. The NASUWT has taken detailed

legal advice to ensure that its ballot and proposed action meets the

provisions of the legislation and therefore members are protected by

the lawful ballot.

If your employer makes hostile comments or seeks to put pressure on

you as a result of he ballot being called then you should advise your

employer that:

● you have a legal and democratic right to ballot and take action;

● the action is national and is nothing personal to them as an

employer but is the only vehicle by which the trade dispute with the

Minister of the Crown can be addressed and resolved;

● the action is focusing on supporting teaching and learning

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The NASUWT will strongly defend any members who are threatened

as a result of participating in the ballot and subsequent action.

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