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What should I do if colleagues in other unions are taking industrial action and I am not?

You can find yourself in a difficult position in schools where colleagues are taking industrial action and you are not.

You may have sympathy with their cause or may wish to join with these colleagues and participate in their action.

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Industrial action by a union member is unlawful if it is not preceded by the formal notification, balloting and authorisation process.
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However, the legal position in these circumstances is clear: industrial action by a union member is unlawful if it is not preceded by the formal notification, balloting and authorisation process.  

Accordingly, ATL advises its members very strongly against taking part in the industrial action where ATL has not balloted. ATL would not be able to support them if they did decide to take part.

In these situations, you should inform your headteacher (normally via your school representative) that:

  • as an ATL member, you are not taking industrial action; you are not in dispute with your employer 
  • as an ATL member, you are available to work normally, but you are not willing to accept arrangements which undermine the industrial action of colleagues (see ‘working normally’, below).      

Closure of the school 

If your headteacher decides to close your school, you should notify the management that you are not taking part in the industrial action and that you are available to work normally.

You may need to confirm this by arriving at the school premises to register your presence unless arrangements are agreed obviating the need for this. 

Picket lines

If members of unions conducting the dispute are picketing outside the premises, the obligation on ATL members to work normally means that you must be prepared to cross the picket line, even though this may lead to some embarrassment or antipathy from colleagues. 

In the unlikely event that you are physically prevented from attending work, you should formally notify your employer that this is the case and that you are not taking industrial action.

You may, of course, decide as a matter of personal choice not to cross a picket line and so fail to attend work. However, there is a real danger here that the employer will regard this as a breach of contract and withhold your salary.

Working normally

When colleagues are taking industrial action but ATL has not balloted, you should work as normally as the circumstances permit but you should not undermine your colleagues' action.

With this in mind, in the case of maintained schools, you should be aware of the provision in the School Teachers’ Pay and Conditions Document that all directions of headteachers are subject to the requirement of reasonableness. The question of reasonableness is often a delicate one and will vary according to the particular circumstances. However, if an instruction is clearly unreasonable, it can legitimately be refused.

Although it is not possible to give definitive or comprehensive guidance, ATL will normally consider it unreasonable for you to be asked:

  • to take over the work of colleagues engaged in industrial action, other than in exceptional circumstances (ATL appreciates that you will not wish to put the health and safety of pupils or students at risk and will respond co-operatively in situations of genuine emergency)
  • to undertake a teaching load greater than usual or to accept additional responsibilities or duties as a result of colleagues taking industrial action
  • to agree to the amalgamation of groups of pupils or students or to the division of one group between others as a result of colleagues taking industrial action (it may be possible to co-operate with management in arrangements (such as 'totting up') which give proper recognition to the effect of the industrial action but allow other work at the school to continue).   

Allocating work

During a period of industrial action, ATL members of the management team may have responsibility for allocating work to colleagues (for instance, arranging cover for absent colleagues in a situation of 'no cover' action). If you are carrying out this task, you should, as far as possible, adhere to established practice and respect the principle above that staff should not be asked to undermine the industrial action of colleagues who are taking action by calling on them to undertake work which has been refused.

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.

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