Education Sector Braces for Planned Teachers' Strikes

Independent schools should note that for a trade union organising industrial action to be protected, the action must be taken "in contemplation or furtherance of a trade dispute" (emphasis added).  Our understanding is that the  trade dispute which formed the basis of the ballot, was between the NEU and the Government.  Accordingly, where independent schools are free to set their own pay and reach pay decisions which aren't directly linked to the DfE's position, they are not technically covered by the trade dispute. Accordingly, staff at most independent schools should not be lawfully able to participate in this industrial action. For more information on industrial action and how to prepare if strikes do proceed in your school, you can access our FAQS through our free independent schools' OnStream portal.

The Government has also updated its non-statutory guidance on handling strike action in schools. The guidance sets out advice for keeping schools open, including in respect of health and safety obligations, arranging staffing resource during strikes, prioritising pupil attendance and delivering remote learning.

Confirmation of the teachers' strikes comes shortly after the Government introduced the Strikes (Minimum Service Levels) Bill to Parliament last week. The Bill is designed to give the Secretary of State the power to define minimum service levels across multiple sectors, including the education sector, during industrial action. However, given the need for consultation, the Bill is unlikely to come into force before the February and March teacher strike dates.

For more information or advice, please contact Simon Bevan in our Education team on 07980 828 004, or complete the form below.