For FAQs on the practical issues and questions which you and your school may be facing, please click here.
Industrial action is only legal for unions if it is in furtherance of a valid trade dispute and complies with complex balloting and notice provisions. In essence, the ballot should cover all members who might be called out to participate in the strike and should be accurate. For most employers a simple majority of those who vote in the ballot is required to provide a mandate for industrial action. However, for academies and maintained sector schools in England (which are considered to be an important public service) there is an additional threshold, in that at least 40% of those entitled to vote must also vote in favour of industrial action.
Each employer should receive:
It is not as easy as it used to be for employers to stop or delay strikes on technical grounds. However, it is important for employers to be aware of balloting rules, even in circumstances where the ballot has already taken place. Having reviewed the questions and answers below, if you think there might be a defect in a ballot involving your school, you should take expert advice.
In the event that there is a lawful ballot then staff who participate in industrial action are protected from being dismissed or subjected to any detriment as a result.
No, it isn't relevant for the purpose of strike action whether the trade union is recognised or not.
At least seven days before the ballot.
The notification must contain certain prescribed information:
A trade dispute is a dispute between workers and their employer which relates wholly or mainly to any of the following:
Yes, the ballot papers should be shared by the trade union at least 3 days before the ballot.
All members that the union reasonably believe will be induced to take part in any industrial action.
This should be their members, and probably just teaching staff. We have seen some support staff assert that they are affected but this is not clear cut.
No, it should only be those staff that it is reasonable for the union to believe will be encouraged to participate in the industrial action, to support the 'trade dispute'.
There are balloting rules which must be complied with. Where more than 50 members are entitled to vote, the union must appoint an independent scrutineer (this can be either a practising solicitor, those qualified as auditors of trade unions (subject to certain conditions) or one of a number of specific approved organisations and they have certain requirements to adhere to, to run the ballot.
The ballot must be undertaken at no interference or cost to those voting from the union (even down to the fact that postage stamps should be provided for postal votes).
For maintained schools and academies in England the following thresholds apply:
The union must take reasonable steps to announce the result, and it must be done as soon as reasonably practicable.
The union must announce the result to the relevant employer(s) and employees.
This can be done by post, email or text message, or even a via union news sheet, notice board or website.
This must include the number of votes cast, the number of yes and no votes, and the number of spoiled papers.
The union must do its reasonable best to make the information provided as accurate as is reasonably practicable in the light of the information in the union's possession, although there is no obligation for the union to supply a list of the employees' names.
The union's mandate to call employees out on strike will expire after six months from the date of the ballot meaning that a fresh ballot will be required for further action unless an extension is agreed with the employer. Even with agreement, the mandate will only be extended by a further three months.
This document is provided for general guidance only, and is not intended as specific legal advice for any particular client or transaction.