EC Meeting Papers March 2018

> have an entitlement to pay where the employer allows them to carry on working

duties and any non-contractual duties members would normally undertake. Members can be directed to undertake some extra duties, but that direction must be reasonable, for example, support staff should continue with their own duties and not cover classes for a teacher who is on strike. Members should therefore not take up the duties laid down by their colleagues unless circumstances are so special that individual consciences dictate otherwise. Examples might include where the safety of children was jeopardised through industrial action taken by others, or where late action had prevented management arranging for replacement staff so necessitating the cancellation of a national examination. Getting to work You need to make a determined attempt to get to work. Where possible go into work with a colleague. Walk past any lawful picket line. It is better not to engage in any discussion or argument at this point. There will be better opportunities for discussion if you want them. In the unlikely event of an intimidatory picket, that may be unlawful, back off and telephone your employer for instructions. Your employer should assist you; and should give further help and advice on request. Colleagues on strike are permitted to picket their workplace peacefully, but not another workplace. The key word is “peaceful”. It is acceptable for pickets to try and convince colleagues not to cross the picket line and they are entitled to expect non- striking colleagues to stop and listen to their views. But pickets are not entitled to obstruct another employee’s entry to their place of work and the picketing must not involve any breach of the civil law such as trespass or nuisance. If a Voice member has made a reasonable effort to cross a picket line but was unable to do so, we would expect the employer to decide not to treat their absence as industrial action.

and instead makes an appropriate (reasonable) deduction from pay.

In most cases, employees will be taking part in industrial action if they: > collectively withdraw their labour – strike ; or > refuse to undertake some of their duties to carry out reasonable instructions or otherwise not co-operate with the employer – work to rule . Notification You should normally be informed if there is to be industrial action at your workplace. If you would normally work on the day of industrial action, tell your manager in writing in advance that you are available for work. Make sure that you know in advance of any special arrangements that may be made (e.g. some buildings may be closed). If the employer closes the whole workplace, you still need to make it clear in writing that you are available for work and not on strike. If you make your employer aware that you are available for work and intend to work in line with the terms and conditions of your contract, you should be paid. Failure to pay you in such circumstances would be a breach of contract, and you should contact Voice for advice. See example letter to the employer at the end of this information sheet.

Duties While we do not take industrial action, we respect the right of others to do so. Members should undertake their own work as reasonably instructed by their headteacher or line manager. ‘Own work’ includes contractual

During industrial action by others, members can be directed to undertake some extra duties, but that direction must be reasonable .