Implications of the Teachers’ Strike for employers

With the news that teachers across England and Wales are planning industrial action, this update looks at the most important considerations for employers.

1. When will strikes be taking place?

1 February: All schools in England and Wales
14 February: All schools in Wales
28 February: North and north-west England, Yorkshire and Humber
1 March: East Midlands, West Midlands, and the NEU's eastern region
2 March: South-east and south-west England, and London
15 and 16 March: All schools in England and Wales

Individual schools will be affected for a maximum of four days. Government guidance says schools should stay open, if possible.

2. Are there any statutory rights parents could utilise to take the day off?

Time off for dependants
Time off for dependants can be used to deal with an unforeseen emergency affecting a dependant, such as childcare falling through. Usually, it’s for short notice disruptions, for example, when a child is sick and cannot go to school. However, an Employment Appeal Tribunal case confirmed that it can be used for something known about in advance, where it has been impossible to arrange alternative care; this scenario can be applied to school closures during strike action. Time off for dependants leave is unpaid and so it is likely employees will use it only as a last resort.

Parental leave
This is only for employees with at least one year's service and with children under 18. There are practicalities however of this right that make it difficult. Mainly this is the requirement to provide 21 days' notice of taking parental leave. Additionally, this type of leave has to be taken in blocks of one week or more (unless the child is disabled, in which case it can be taken as one day). On top of all of that, parental leave is unpaid, and is therefore unlikely to be the best option

3. Do employees have to be given the day off?

Save for the above, there is no legal right for a day off to look after a child when their school closes due to strikes. It is a matter of discussion between the employer and employee. Doing this in good time (as much as is possible) should avoid the situation where an employee fails to attend work without making contact, resulting in an unauthorised absence.

Employers should make efforts to be reasonable. Some alternatives are:

Annual leave
Authorised unpaid leave
Swapping working days
Working from home (this may depend on the age of the child/ren and how dependent they are).
Adjusting working hours

4. What about workers?

Worker’s families will be affected too, but do the same options apply to them? No, in short, they do not. Parental leave and time off for dependents are only for employees. Workers options are therefore much more limited. They include:

Annual leave
Agreed authorised, unpaid, leave
End the assignment early

Anything else is down to the employer’s discretion.

5. What should we be doing now?

Whilst the strike dates have been communicated there is still time for these to be called off, if agreement in the dispute is reached. In the meantime, my advice is to communicate with employees, talking to them about the strikes and asking them what contingency plans they have in place, should their child/ren not be able to attend school.

It would be helpful to make clear to employees what options they have, if they are unable to attend work. As above, this may include unpaid leave, taking the day as annual leave or working the time back, at a time agreeable to the both parties.

As ever, if you have any questions about this update, please let me know.

Have a good week!

Jo