Dear Colleague
Urgent: Forthcoming Industrial Action
As you will know the NASUWT and NUThave recently announced a days strikeas part of their on going industrial dispute with the Secretary of State concerning the changes in their terms and conditions of employment, including the pension changes.. As a consequence we have been notified by the NASUWT and the NUT that their members will be participating in a day’s strike on Thursday 17thOctober.
This letter sets out some general information for employees about the implications of the strike.
Deductions from Pay
Taking part in industrial action is a breach of contract and the Council, as your employer, is entitled to damages. A deduction from pay will be applied to all employees who participate in the strike action. Deductions from pay for employees who work a five day week will be at the rate of 1/365th of annual salary.
Partial Performance
Any employee at work on the day of the strike will be expected to work normally. A refusal by any employee to undertake all of their normal duties and responsibilities will be regarded as a breach of contract for which a proportionate deduction from pay may be made.
Annual Leave
Annual leave which has already been approved for 17th October will be honoured but, in order to preserve essential services, new requests for annual leave will not be approved other than in the most exceptional circumstances.
Sick Leave
Employees who are off sick before 17th October will be assumed to be sick on that day in the absence of evidence to the contrary providing that they continue to comply with the usual sickness reporting and certification procedures.
An employee who reports in sick on the 17th October may be required to provide a doctor’s certificate from the first day of absence.
Picketing
The Council anticipates that the number of pickets at any workplace will be restricted to six in accordance with the advice in the ACAS Code of Practice on Picketing.
Pickets are permitted under the law to peacefully obtain or communicate information and to peacefully persuade any person not to work. They are not permitted to commit any unlawful act such as nuisance, trespass or obstruction.
An employee not directly involved in the strike who refuses to cross a picket line will be treated as taking part in the strike, unless they have done everything reasonable in the circumstances to come into work but have been prevented by events outside their control from so doing.
Employees who intend to come to work on the day of the strike but have anxieties about crossing the picket line should speak to their line manager or Departmental Personnel Officer for further advice.
Members of other Trade Unions
Employees who are members of trade unions who are not taking part in the strike are reminded that they have no legal protection if they join the strike.
Exemptions
Certain employees may be granted exemption by their trade union from participating in the strike action. Requests for a number of exemptions have been made where the participation of those employees in the strike may pose a direct threat to life or limb of any person and to protect the Council’s most vulnerable clients and service users.