DfE issues advice to schools on industrial action and breaches of contract

Teachers taking part in the NUT/NASUWT industrial action are very likely to be in breach of their contracts, the Department for Education has claimed in advice to schools.

The advice, which can be viewed here, sets out an approach to making pay deductions “if this is appropriate”.

It also includes a series of hypothetical case studies, designed to help headteachers and employers determine whether employees participating in the industrial action are in breach.

“The additional advice also includes a myths and facts document, which addresses some misconceptions about the legal position of the NUT and NASUWT industrial action,” the Department claimed.

The DfE has meanwhile announced that law firm Addleshaw Goddard would be providing a legal advice service to help headteachers and employers identify when staff participating in the industrial action are in breach.

“The service will then support schools in making pay deductions in a lawful and proportionate way,” the Department said.

The Department said the National Union of Teachers and the NASUWT had been encouraging teachers to undertake industrial action since last October.

The NUT has called on the Education Secretary Michael Gove to end the “constant” attacks on teachers. It said the Government must reconsider its decision to increase the pension age to 68 or higher and increase pension contributions at a time of a pay freeze.

The union also wants ministers to drop proposals to dismantle the current pay structure, impose school based decision-making and impose performance related pay on all teachers.

The DfE claimed that the industrial action was not having an impact “in the great majority of schools”.

David Laws, Minister of State for Education, said: “The vast majority of teachers are not taking part in this industrial action and are instead working hard to give their pupils the best possible education.

“There are however a minority who are disrupting their schools. This is unfair on pupils, parents and school leaders and it is increasing the workload of colleagues who are not participating in this unjustifiable action. This advice service will give schools the reliable legal information they need to deal effectively with this kind of unnecessary disruption.”

The DfE said the initial cost of advice from Addleshaw Goddards – payable by the school – was expected to be between £400 and £500 plus VAT.

The Department added: “It is recognised that trade unions have a legitimate right to call on their members to take action as part of the dispute, even when employers do not believe that the dispute is well-founded.

“Likewise headteachers are entitled to clear advice about what steps they can take when faced with union members who are taking industrial action.”