Created on: 17 Mar 2021 | Last modified: 14 Sep 2023
Action short of strike action is a form of industrial action; in this dispute it involves the following three actions delivered in an escalatory manner:
If there is a mandate for taking action short of strike action from the statutory ballot then we will notify you when to implement the first action, before moving on and adding the second and third actions in due course.
It is anticipated action of this nature will commence from around 12th April 2021, in a continuous and escalatory manner, until 24th September 2021 or earlier if a resolution is found.
All EIS members employed by West Lothian College are part of this dispute and thus covered by the industrial action.
Yes, as long as you are eligible for membership and as long as your fully completed application form and direct debit mandate has been received by EIS HQ prior to you beginning to take action. Click here to join the EIS online now.
If your employer dismisses you for taking part in industrial action which complies with legislation (within 12 weeks of the start of the action), this would be unfair dismissal and the EIS would support you.
Action short of strike action is a form of industrial action and can constitute a breach of contract which could lead to on-going salary deductions. If the College does make pay deductions, then the well-established trade union response to such an aggressive employer is to move to a ballot for strike action.
No, it does not break the service of any employee, including employees on temporary contracts.
The Employment Rights Act 1999 provides that continuity of employment is not broken by industrial action (s.216 (1) and (2)). Contractual rights which are unaffected by industrial action are salary placement rules, qualifying periods for maternity and adoptive leave, sick pay entitlement, and service to acquire permanence and service for compulsory transfer purposes (as agreed locally).
There is no right to take industrial action in UK law. However, there is statutory protection for trade union members who take industrial action.
In common law an employee who takes part in industrial action will almost always be in breach of her or his contract of employment. However, protection for individuals who take part in official strike action is set out in the Trade Union and Labour Relations (Consolidations) Act. Under (TULRC)A, s.238(A)2, any employee dismissed for taking industrial action shall be regarded as being unfairly dismissed if the strike action is protected (i.e. lawful).
No. The EIS notifies employers that our members are taking action; individuals are not required to do so. The EIS does not share a membership list nor a list of names, simply the number of staff. You have no obligation to inform your employer of your intention to take part in the industrial action – even if you are asked.
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.
As you are on leave you cannot at the same time be taking part in the industrial action.
Keep visiting the EIS website for the most up to date information, or speak to one of your EIS-FELA Branch Officials.