View Full Version : Strike advice
CropleyWasGod
24-11-2022, 12:58 PM
Paging the oracle that is Hibs.net :greengrin
Someone I know is a (very) part-time academic at Edinburgh Uni. They are not a member of the Union that is currently striking.
Their working day next week falls on a strike day, and they are considering respecting that and not working.
Their concern is that, as a non-union member who only works for the Uni for a few months each year, striking may affect that source of work. AIUI, taking that action against Union members would be illegal. Would it be illegal in their case as well?
And, do they have an obligation to tell the Uni that they won't be in? They have a moral dilemma, in that they feel obliged to their students at a critical time of the semester.
JeMeSouviens
24-11-2022, 01:08 PM
https://www.gov.uk/if-your-business-faces-industrial-action
Non-union staff and striking
If non-union members go on strike, they are protected from dismissal and have the same rights as union members, as long as the industrial action is lawful.
Hibs4185
24-11-2022, 01:11 PM
My wife is a primary school teacher but is not in the classroom. Her friend who is pregnant has been told to go into work today by the Union because the council will deduct it from her maternity leave and it will cost her a lot.
So she’s having to go in passed a picket. Brutal
Bristolhibby
24-11-2022, 01:12 PM
From the Gov.uk website.
If non-union members go on strike, they are protected from dismissal and have the same rights as union members, as long as the industrial action is lawful.
I’m pretty sure you don’t have to tell them (the employers) that you are going on or are on strike. However if you subsequently lied that could be construed as gross misconduct.
The really cheeky thing they could do is call in sick. I know my place I know my place got pretty jumpy about that and removed the self certificatiation on strike days.
I’ve been on strike twice in my lifetime, and also went on marches those days. We had all sorts of support, including the Teachers and even off duty fire fighters. It was very uplifting.
You do lose a days pay (obviously) and there was always the worry of being labels some sort of firebrand.
If I was in a part time contract I would be much more weary, as like you say, they could be turned off for any number of reasons.
At the end of the day it’s an individual decision, but will be to the betterment of the many.
Unity is Strength.
J
Bristolhibby
24-11-2022, 01:16 PM
My wife is a primary school teacher but is not in the classroom. Her friend who is pregnant has been told to go into work today by the Union because the council will deduct it from her maternity leave and it will cost her a lot.
So she’s having to go in passed a picket. Brutal
Maternity rights are very much a protected characteristic. I’d be surprised if this is true. Maternity rights are exactly that. Taking part on a legally supported strike is a right.
I would be straight on the phone to her Union as this seems like bully boy scare tactics.
My wife was in the as was National Union of Teachers and her work tried to shaft her while she was out on maternity leave. If they had a competent HR department they would have said “hands off women on maternity” they are practically untouchable to restructuring and specifically redundancy. They go to the top of the list for role reallocation.
TU & my wife 1-0 Council & (school management).
Santa Cruz
24-11-2022, 01:37 PM
ACAS are good for for free impartial advice.
https://www.acas.org.uk/contact
wookie70
24-11-2022, 03:24 PM
You do not have to tell an employer you are going on strike. They can ask but you can politely decline to say. In terms of your mate I would advise they join the Union before striking. If their source of work dries up the Union will fight on their behalf. Just because thing are unlawful doesn't mean employers will not act unlawfully, I'd rather my Union supported me and paid any potential legal bills and he can then show full support for the action
LewysGot2
24-11-2022, 05:56 PM
From the Gov.uk website.
If non-union members go on strike, they are protected from dismissal and have the same rights as union members, as long as the industrial action is lawful.
I’m pretty sure you don’t have to tell them (the employers) that you are going on or are on strike. However if you subsequently lied that could be construed as gross misconduct.
The really cheeky thing they could do is call in sick. I know my place I know my place got pretty jumpy about that and removed the self certificatiation on strike days.
I’ve been on strike twice in my lifetime, and also went on marches those days. We had all sorts of support, including the Teachers and even off duty fire fighters. It was very uplifting.
You do lose a days pay (obviously) and there was always the worry of being labels some sort of firebrand.
If I was in a part time contract I would be much more weary, as like you say, they could be turned off for any number of reasons.
At the end of the day it’s an individual decision, but will be to the betterment of the many.
Unity is Strength.
J
My pal’s other half was on strike today. Self certification was effectively suspended for all staff as fit notes from doctors have been demanded from anyone going off sick today.
Stairway 2 7
24-11-2022, 05:58 PM
My pal’s other half was on strike today. Self certification was effectively suspended for all staff as fit notes from doctors have been demanded from anyone going off sick today.
If in the Union is going off sick and getting paid crossing the picket line, I assume so.
wookie70
24-11-2022, 09:43 PM
If in the Union is going off sick and getting paid crossing the picket line, I assume so.
Union reps would never know unless the individual let it slip or a line manager or HR person was unprofessional. In my view it is scabbing but given the financial position people are in and so much work being carried out from home it may be something that happens more often.
CropleyWasGod
25-11-2022, 08:12 AM
Thanks for all the advice :agree:
Pulling a sickie wouldn't help, as they don't get paid if they don't work....
However, they have now joined the Union, and will be out on Wednesday . It probably helps to know that their immediate bosses (the ones who allocate the work) are probably all Union members anyway; so there is less pressure to work, and they may get preferential treatment now :greengrin
Key West
25-11-2022, 10:24 AM
Xmas casuals workers have been told if they don't come to work ( crossing the picket line ) they will be in breach of their contract, that is not the case they will lose a days pay, intimidating tactics.
wookie70
25-11-2022, 11:24 AM
Thanks for all the advice :agree:
Pulling a sickie wouldn't help, as they don't get paid if they don't work....
However, they have now joined the Union, and will be out on Wednesday . It probably helps to know that their immediate bosses (the ones who allocate the work) are probably all Union members anyway; so there is less pressure to work, and they may get preferential treatment now :greengrin Great result all round
Bristolhibby
25-11-2022, 11:26 AM
My pal’s other half was on strike today. Self certification was effectively suspended for all staff as fit notes from doctors have been demanded from anyone going off sick today.
Wonder how they would deal with COVID. As doctors will not see you if you think you have COVID.
J
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