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Strike problem?

Tue Nov 08, 2011 3:21 pm

Anyone know the answer to this one...

On the 30th of this month teachers are going on strike. One school in particular is closing whilst the strike is on. Some other people though who work there are unable to go in to work simply because the school is closed. These people such as auxillary staff etc are not part of any union or indeed involved with any strike or teaching. Yet the council are not going to pay them even though they would go to work if the school was open and they were allowed to. Are the council allowed to do this?

Re: Strike problem?

Tue Nov 08, 2011 9:15 pm

Berwyn wrote:Anyone know the answer to this one...

On the 30th of this month teachers are going on strike. One school in particular is closing whilst the strike is on. Some other people though who work there are unable to go in to work simply because the school is closed. These people such as auxillary staff etc are not part of any union or indeed involved with any strike or teaching. Yet the council are not going to pay them even though they would go to work if the school was open and they were allowed to. Are the council allowed to do this?

Depends on the terms of their contract of employment, like are the hours set or can the council vary them? Without more information it is hard tell, but if I were you I would read the contract.

If it appears that the council are in breach of contract then write to them and tell them you expect to be reimbursed, if that fails then submit an application to an industrial tribunal.

Re: Strike problem?

Tue Nov 08, 2011 9:24 pm

Or they could just join a union.

Re: Strike problem?

Wed Nov 09, 2011 9:26 am

I actually got a definitive answer to this issue. Basically the employer can assume that you are on strike, even if you are not, and so not pay you.
However if you imform your employer before hand that you are not going on strike and are not part of any industrial action, then they have to pay you.
They can though, if they wish, to force you to take a leave day. If they want you to take a leave day then they have to give you double the notice that you have to give them when you want a day off. This is exactly the same if you are in the a union or not.

Re: Strike problem?

Wed Nov 09, 2011 9:40 am

Berwyn wrote:I actually got a definitive answer to this issue. Basically the employer can assume that you are on strike, even if you are not, and so not pay you.
However if you imform your employer before hand that you are not going on strike and are not part of any industrial action, then they have to pay you.
They can though, if they wish, to force you to take a leave day. If they want you to take a leave day then they have to give you double the notice that you have to give them when you want a day off. This is exactly the same if you are in the a union or not.


Fair play I didn't know that, cheers.