Created on: 16 Jan 2026
The EIS announced that its recent statutory industrial action ballot on teacher workload has become a victim of soon-to-be repealed elements of UK anti-trade union laws, having fallen short of the strict thresholds set in that Tory-era legislation.
The EIS Executive Committee met yesterday to consider the result, and overwhelmingly agreed to move ahead with a re-ballot of members on industrial action on the matter of excessive teacher workload.
Commenting, EIS General Secretary Andrea Bradley said, "It is disappointing that, despite very strong Yes votes for industrial action, our ballot has fallen victim to a highly restrictive element of trade union legislation that is soon to be repealed.
"The ballot thresholds in that Tory-era piece of legislation are some of the most restrictive in the world, and were designed to create a barrier to legitimate industrial action.
"While the current UK government has passed a new Employment Rights Act which will remove many of the more restrictive elements of trade union law, the excessively strict thresholds that are a lingering legacy of the previous UK government currently remain in place.
"The sooner the current government moves ahead with formalising their removal, the better. All workers across the country will welcome that change.”
Continuing, Ms Bradley continued, "A special meeting of EIS Executive was held yesterday evening to receive the ballot result, and to consider the next steps in the campaign to reduce excessive teacher workload.
"There was a very strong message from that meeting that the EIS must continue to press ahead with its campaign to secure promised actions to tackle excessive workload.
"The Scottish Government and COSLA made promises to Scotland’s teachers and pupils that action would be taken to employ additional teachers, reduce teachers’ class contact time, cut teacher workload and create a better working environment for teachers and pupils alike.
"We cannot let the politicians off the hook on their promises, and we cannot take our collective foot off the gas in our workload campaign."
Ms Bradley added, "The message to Scotland’s teachers today is clear. We know that your workload remains excessive, and we must continue to stand together and work collectively to ensure that it is reduced.
"The pressure created by the threat of industrial action focuses the minds of politicians, and presses them to take action to deliver on their promises.
"In the Scottish Budget earlier this week, the Finance Secretary made specific reference to additional money going to local authorities to enable the class contact time promise to be met – it is no coincidence that this announcement came in the midst of a ballot for industrial action by teachers.
"We must keep the pressure on, and we must ask our members to vote again on industrial action, and in even greater numbers, to ensure that we can hold the politicians to account and continue to demand that, at last, they deliver on their own promises to Scottish education, its pupils and its teachers."
Members voting YES to Action Short of Strike: 93.10%
Members voting NO to Action Short of Strike: 6.9%
Members voting YES to Strike Action: 85.94%
Members voting NO so Strike Action: 14.06%
Ballot Turnout: 46.57%