Strike action involves removing your labour by refusing to work on the day or days in question.
All EIS members employed by Edinburgh College.
Yes. If you are eligible to take part in the strike action and as long as your fully completed application form and direct debit mandate have been received by EIS HQ prior to the day of action you can take part in the strike action. Join the EIS online now.
Strike action involves removing your labour by refusing to work on the day or days in question. If you withdraw your labour for a day then your employer has no obligation to pay you for that day. You will not be paid for the day you are out on strike.
Staff paid on an hourly rate should expect to lose the payment for the hours they are contracted to work on the day or days in question.
The EIS pays strike pay to members participating in strike action from the second day of action. The amount paid is half the amount of pay lost for all strike days taken by the member. Claim forms are issued by EIS HQ staff.
In addition to this, members who are disproportionally affected by the strike dates may apply to the EIS Hardship Fund. For more information please contact your Branch Secretary.
No, being on strike does not break the continuity of service of any employee, including employees on temporary contracts. The Employment Rights Act provides that continuity of employment is not broken by strike action.
In other words, any day on which an employee is on strike is not counted in the period of continuous employment but it does not break continuous employment.
Is a strike a breach of contract and could I be dismissed for taking part?
Yes a strike is a breach of contract, and in return the employer does not (normally) pay you.
You can’t be dismissed for industrial action if:
You can claim unfair dismissal at an employment tribunal if you’re dismissed for taking industrial action at any time within the 12 weeks after the action began. The EIS has met the 3 conditions set out above.
The EIS notifies employers that our members are taking strike action; individuals are not required to do so. You have no obligation to inform your employer of your intention to take strike action.
Your employer should inform you of any notification procedures to be followed in the event of you deciding not to take strike action. If this is your intention you should check with your employer.
However, we hope all members will support the democratic decision of the membership as a whole and demonstrate their professional commitment to colleagues by taking part in this strike action. It is up to all of us to take action to protect our pay.
Voting to support industrial action in any ballot does not legally bind an individual to take action. However, you should come out on strike to support the democratic decision of the membership as a whole and to demonstrate your professional commitment to colleagues who will also be taking part in the action.
Exemptions are normally only granted in exceptional circumstances, for example in the case of a pregnant lecturer whose maternity rights might be negatively affected by taking strike action.
It may be that the employer will suspend the right of individuals to report absent or to self-certify on strike days. It is likely that a staff absent from work may have to provide medical evidence of illness on that day or face the risk of an employer withholding pay.
As you are on leave you cannot at the same time be on strike and should not lose pay.
If it is not a working day for you then you cannot take strike action on that day.
Your branch should be organising picket lines at the entrances for each campus, and reps will have rotas for picket line duty. We would encourage all members to take part in the picket line.
There will also be a rally at the Scottish Parliament in Edinburgh on 2 March 2017 at 12noon. Please get in touch with your branch secretary if you want to participate.
A picket line is a peaceful protest outside your workplace on the day(s) of strike action. This has several purposes – firstly, to encourage EIS-FELA members to support industrial action and to participate in the strike.
Secondly, it allows us to communicate the reasons for the strike to non-teaching staff, students and the general public and encourage support from those quarters.
A vibrant and enthusiastic picket line also demonstrates to management that the strike has the support of the staff. Remember that it will be cold (picket lines are always cold) and that you cannot go into the college to use the facilities, so you should consider other alternatives. Be aware of your own safety if you are near a road or car entrance.
Being on industrial action for 1 day will mean that your total pensionable service would be 1 day less. It would not affect the pensionable salary on which benefits are calculated. On a pensionable salary of £35,000 your annual pension will be £1.20 less. There is no additional loss/impact for those who are nearing retirement.
It would be unusual for the SPPA to turn down a request for winding down on the basis of 1 day's missing service whether this be for industrial action or any other day of unpaid absence. Normally discretion would be used to allow the application to proceed.
For more information on the Winding Down Scheme please see our Winding Down Scheme leaflet.
The entitlement to buy back one day's pension only applies to those in Local Government Pension Schemes. It does not apply to those in the Scottish Teachers' Superannuation Scheme. However, by working an additional day beyond your intended retirement date, you will be able to make good the day's pensionable service.
Keep visiting the EIS website for the most up-to-date information, or speak to your EIS Representative, Branch Secretary or contact the FE office at EIS HQ.