EC Meeting Papers March 2018

2 St. James' Court Friar Gate Derby DE1 1BT

> TEL 01332 372 337 > FAX 01332 290 310 > EMAIL contact@voicetheunion.org.uk > WEB www.voicetheunion.org.uk

Industrial Action

We believe that those involved in education and childcare should make the best interests of children and students their first priority. Voice is respected for resolving problems by negotiation, not conflict. We do not undertake industrial action because we recognise its negativity and the damage caused to the interests of those for whom our members are responsible.

This gives us our Cardinal Rule: ‘ Members shall not go on strike in any circumstances .’

What is Industrial Action? There is no clear legal definition of industrial action, but it is usually defined as concerted action taken (as opposed to individual action taken) in order to put pressure on the employer in an attempt to achieve some objective. Whilst strike action is a clear breach of contract, it is not always clear whether industrial action short of a strike is. If there is a refusal to carry out normal duties which are required by the contract, employees will be in breach of contract. Refusal to carry out genuinely voluntary duties is not a breach of contract, but it may nevertheless amount to industrial action.

Whether or not there is a breach of contract is important in relation to pay deductions. If there is a breach of contract, that will affect pay. The general principles are: > employees are not entitled to pay for any period when they are on strike; > employees taking industrial action short of a strike but in breach of contract > have no entitlement to pay if the employer decides to refuse to accept a partial performance of the contract and tells employees that they should attend work only when they are prepared to fully comply with their contracts, and until they do so they will not be paid. (The employer has to show that the partial performance has a fundamental impact on the core purpose of their job.);

www.voicetheunion.org.uk/action