Industrial action

There is no precise definition of industrial action in employment legislation.

Put simply, it is either a strike, ‘any concerted stoppage of work’ (Trade Union and Labour Relations (Consolidation) Act 1992, section 246) or industrial action other than a strike. 

This includes ‘working to rule’, refusing to do certain duties and not co-operating with the employer. Disturbingly for staff (and unions), cases suggest that although industrial action normally involves employees breaking the terms of their contracts, there can still be industrial action if this is not the case.

Perhaps the simplest definition of industrial action is ‘a refusal by employees to do something, which is used as a bargaining weapon against the employer’.

If a strike is being considered, it could be:

• a half-day strike
• a full-day strike
• a series of one-day strikes, or
• a continuing (‘all-out’) strike.
        

In educational institutions, ‘other industrial action’ includes:

• refusing to prepare classes and mark work
• refusing to provide cover for absent colleagues
• refusing to follow the directions of a headteacher or principal
• refusing to go to out-of-hours meetings
• refusing to do extra or unreasonable workload or duties, and
• refusing to teach or supervise a particular pupil or student. (This is, in practice, the most common issue leading to industrial action.)    

Taking industrial action

To ensure that any industrial action ATL members take is official and lawful, ATL observes a detailed procedure when considering, balloting for and calling industrial action. 

Before ATL will consider authorising official industrial action, ATL will do the following:

• consult with members
• communicate the result
• approve the balloting procedure
• decide on authorisation
• hold a postal ballot.    

If members fail to follow the procedures described in this guidance, ATL could be forced to declare the industrial action unofficial. The employer then has the option to dismiss employees who were involved.

Once the ballot has been held, the members involved and the employers must be told of the outcome.

If it is decided to take industrial action, employers must be given at least seven days' notice of the start of it.

The notice must say whether the action will be continuous (for example, an indefinite strike or a continuing refusal to teach a pupil) or discontinuous (for example, a series of one-day strikes).

What is ATL's approach to industrial disputes?

Disputes can arise at any of the following three levels:

• within a single institution or service (typically over a suspended pupil returning to school or a decision on salaries)
• on a branch-wide basis (for example, over a local authority’s funding policy)
• at national level (when a dispute arises with the government over a national policy).    

ATL always tries to settle disputes through resolution rather than confrontation. Branch officers, national casework officials, regional officers and staff at ATL's London office have considerable experience and expertise in settling disputes. You should get help from this network at an early stage before problems get worse. The longer a dispute continues, the more likely it is that people will become fixed in their positions, communications will become more difficult, and decisions will be made which are hard to reconsider or reverse.

Both sides in a dispute need to be aware that once industrial action is taken, this can distract you from sorting out the original problem. In all cases, ATL's policy is to maintain communication between everyone involved and work towards a satisfactory solution.

ATL regards any form of industrial action to be a last resort.

Advice, not instruction

One of ATL's basic principles is to advise, not instruct, its members. So ATL may authorise and encourage members to take part in industrial action, but it will not instruct them to do so.

ATL has always respected the right of individual members to act in the way that they believe is right.

You may be unwilling to take industrial action, either because of personal beliefs or because you are against the particular cause in question. Other members should be ready to respect this.

Support

If you take part in industrial action which ATL approves and authorises in line with the procedure set out in ATL guidance (official and lawful industrial action), ATL will give you full professional support.

However, if you are considering taking industrial action, you need to be aware that you may face penalties from your employer. These may include deductions from your salary. ATL does not have a ‘strike fund’ to refund members who suffer pay deductions for taking industrial action. 

People who vote to support or take part in strikes or other industrial action must not assume that ATL will repay them for any losses they may suffer, even if the action has been authorised. The ATL Executive Committee's Defence Committee will consider each case individually and will only approve refunds in exceptional circumstances.

By law, employers have the right to dismiss staff who take part in unofficial or unlawful industrial action. It is very dangerous to take part in industrial action without the support of the union or without following the necessary balloting procedure (or both). ATL will not support you if you take unofficial or unlawful action.

Help and support

For further advice on this issue, ATL members can speak to their school rep, their branch secretary or their regional official. They can also call the London (020 7930 6441), Cardiff (029 2046 5000), Belfast (028 9078 2020) or Edinburgh (0131 272 2748) offices or email info@atl.org.uk

For out of hours enquiries, call the out of office hours helpline on 020 7782 1612 (Monday-Friday, 5-8pm during term time).

If you are not a member, join now.

Resources

• Industrial action, Pdf document, 184 KB