Striking and the law (and maybe some veiled threats)!

[Notshortnottall]

My mother is a teacher and received this letter today regarding the public sector strike on 30th November.

Putting aside opinions on the rights and wrongs, and who is and isn't to blame, I'd be grateful for some advice on the content of this as it's really shook her up. She's a quiet person who just wants to get on with her job but at the same time wants to protect what she's worked 45 years for.

Even I find this letter quite threatening and I like to think I'm made of tough stuff!





So a few questions if I may:

• Do you have to be in a recognised trade union to go on strike?

• Is there anything in the content of this letter which could be considered threatening or unlawful?

• Her school is small and rural with approx. 8 staff. She notified them she was intending to retire in the forthcoming year. There is a line in the letter which states "This will particularly affect employees who may retire within the next 12 months." My mum is the only person over 60 working there.

Very grateful for any response with the accompanying legalese if possible and would be grateful if people could leave their personal opinions to one side. I'm happy to compensate anyone for their time.

Cheers

[Munter]

Sounds to me like all they have done is state the facts. Making sure everybody knows the consequences of their actions.

One point though. The person who chose the font is an utter and should be told as much. This is an important letter. The font is not appropriate.

[Notshortnottall]

Munter said:

Sounds to me like all they have done is state the facts. Making sure everybody knows the consequences of their actions.

One point though. The person who chose the font is an utter and should be told as much. This is an important letter. The font is not appropriate.

Fair enough - any thoughts on my points above though?

[MentalSarcasm]

We get a similar email at work every time there's a strike (civil servant, not a teacher), I suspect the school has simply been given a blanket set of statements to give out by their LEA.

FWIW we've got the same "if you aren't in the Union you must come in to work" statement in ours, didn't pay any attention to the stuff about pensions on our email but I don't see why it would be a threat, the whole thing sounds like they're making sure everyone is aware of their rights so no one can come in on the Friday and go "I wasn't told about this".

[Some Gump]

Letter states the facts, where is the threat?

[Cyberprog]

I'm not sure if the Sick Note thing is legal for them to require.

[hyperblue]

If you're not in a union, how can you go on strike? You're just not turning up for work.

Comic sans users should be shot too

[Notshortnottall]

Must be just me then

Am I not correct in saying that you do not have to be in a trade union in order to strike though?

I appreciate that the facts are only being stated, but the whole tone of the letter seems very threatening to me however maybe that's just me being paranoid and I need to take my foil hat off!

[Notshortnottall]

hyperblue said:

If you're not in a union, how can you go on strike? You're just not turning up for work.

True, but I know where I work that they've issued guidance stating anyone who strikes and isn't in a union will be treated the same as someone who is, as its a recognised strike.

I'm sure there's plenty of people who are intent on crossing the line, but actually bail out of doing it when confronted with a picket.

Maybe that's just local policy then.

[Notshortnottall]

anonymous said:

[redacted]

Fair enough. Happy to accept it's a mis-interpretation on my part then.

Just wanted some clarification as I was unsure.

Thanks

[hornetrider]

Notshortnottall said:

Must be just me then

Am I not correct in saying that you do not have to be in a trade union in order to strike though?

I appreciate that the facts are only being stated, but the whole tone of the letter seems very threatening to me however maybe that's just me being paranoid and I need to take my foil hat off!

Time to wind your neck in I think! All looks normal to me.

[Notshortnottall]

hornetrider said:

Time to wind your neck in I think! All looks normal to me.

Fair enough - did just state I was looking for clarity!

Thanks to all who've responded.

[zaphod42]

User of Comic Sans for this letter needs shooting. (actually, all of them do)

Not sure of legality of the sick note; you can self certify and unless this overrides a referenced policy, I suspect they are on shaky ground, similarly for study leave (as they haven't referenced their own policy directly and amendments to policies require a bit more work than a random letter)

[bicycleshorts]

[Mojooo]

I got a similar letter (public sector but not a school) - as has been said, it is fairly factual and to answer your question, you cannot 'strike' unless you are in a Union that has voted to do so.

[c8bof]

I think that's a great letter and makes it quite clear what the situation is if you are not a member of one of the unions taking action. No foil hats needed!

[PF62]

Notshortnottall said:

I know where I work that they've issued guidance stating anyone who strikes and isn't in a union will be treated the same as someone who is, as its a recognised strike.
...
Maybe that's just local policy then.

No, it is the law.

http://www.direct.gov.uk/en/Employment/TradeUnions...

To quote -

Industrial action by workers who are not trade union members

If you take part in industrial action when you are not a trade union member you are normally treated as taking part in unofficial action. This means that if you are dismissed while taking part in the action you normally have no right to complain of unfair dismissal.

You can still claim if the reason for your dismissal was automatically unfair.

You are treated as taking part in official action if both:

members of a trade union are taking part in it
the action is official industrial action taken by their trade union

This means that the law treats you in the same way as it treats trade union members. Your rights if you are dismissed depend on whether the industrial action is protected or unprotected and when you are dismissed.

[jr502]

That looks almost word for word with the letter I received, well... email.

[NiceCupOfTea]

The only email I got was a veiled threat from the NUT rep asking for money for a hardship fund for those striking!! They will be publishing amounts alongside salaries, I guess to try to embarrass people into contributing enough!!

[paulrockliffe]

NiceCupOfTea said:

The only email I got was a veiled threat from the NUT rep asking for money for a hardship fund for those striking!! They will be publishing amounts alongside salaries, I guess to try to embarrass people into contributing enough!!

I hope you tell them to fk off!