Created on: 11 Mar 2026
The statutory ballot that closed on 4th March generated a lawful mandate to take both strike action and action short of strike action (ASOS). This guidance focuses on ASOS only.
We are entering a period of industrial action short of strike (ASOS) because negotiations with the Scottish Government/COSLA have not yet resulted in an acceptable resolution to our workload dispute.
Hopefully, the threat of industrial action, including ASOS, will focus the minds of both national and local politicians and generate a solution.
Our dispute centres on the unmet promises of government and employers:
ASOS is a way of applying pressure while maintaining teaching duties and not adversely affecting pupils.
Action Short of Strike (ASOS) encompasses any industrial action, aside from strike action, that does not involve a complete refusal to work. It may be described as a selective refusal to do specified aspects of your work.
ASOS, like all industrial action, may be considered to be a lawful breach of contract (e.g. refusing to engage in specified contractual duties, or refusal to carry out a reasonable instruction).
The ASOS in this ballot is “continuous”; it is carried out from the start date to either the resolution of the dispute or the end of the industrial action mandate.
The EIS, based on its lawful mandate, has authorised the following forms of ASOS from Monday, 16th March, until 3rd September, for all members with the SNCT teachers’ contract:
Non-compliance with HMIE inspection-related activities, including inspection visits.
EIS members are advised to refuse to participate in any aspect of the HMIE inspection process, including preparation for visits, and to simply show a film for an entire lesson if an HMIE Inspector insists upon attending a lesson or class. Members should not meet with HMIE officials, prepare or provide documentation for HMIE in advance of, during or following a visit or planned visit.
Refusal to administer, implement or process any aspect of SNSAs (Scottish National Standardised Assessments).
EIS members are advised to refuse to administer, implement or process any aspect of SNSAs – i.e. not to be involved in carrying assessments out with pupils or assisting in their use in schools in any way.
Refusal to administer, implement or process any aspect of any Local Authority standardised assessment.
EIS members are advised to refuse to administer, implement or process any aspect of any standardised assessment developed, purchased or used by the Local Authority – i.e. not to be involved in carrying assessments out with pupils or assisting in their use in schools in any way.
Refusal to administer, implement or process any aspect of standardised assessment determined at school level.
EIS members are advised to refuse to administer, implement or process any aspect of a standardised assessment system developed, purchased or used by the school – i.e. not to be involved in any way.
The EIS does not consider teacher-developed assessments/tests/exams for single subjects that may be set for multiple classes to be standardised assessments.
Non-compliance with Local Authority quality assurance procedures (e.g. authority inspections, “learning visits” or other equivalents).
This action covers all aspects of local authority quality assurance procedures: preparation of documents, collating and sharing of information for local authority quality assurance, and any associated learning visits or equivalents.
The actions listed above have been designed to put pressure on the Scottish Government and Local Authorities by focusing on activities that they ask teachers to carry out in addition to learning, teaching and assessment.
Furthermore, we do not believe that refusing to carry out these five actions will adversely affect the teaching and learning within schools – i.e. they will not cause pupil detriment.
During ASOS, all of our affected members (i.e. those who have SNCT teacher contracts) are expected to carry out all the ASOS actions.
This includes classroom teachers, principal teachers and deputes/headteachers – even those teachers who may have a job role that is directly linked to one (or more) of the 5 ASOS actions.
Trade union law provides that ASOS allows teachers to breach their contracts – even if the duty is expressly stated within their role.
Your collective participation strengthens the effectiveness of the action. ASOS is strongest when everyone works together to carry it out consistently.
If you are unsure – please check the EIS FAQ (on the EIS website) or ask your Rep or Local Association Secretary.
EIS Branches and Local Associations will support members in carrying out ASOS – with LAs dealing with more complex issues and queries, and being the point of contact with EIS HQ and officials.
It is possible for an employer to deduct pay from workers who are carrying out ASOS. However, we do not believe that employers will deduct pay for these ASOS actions, as there are legal risks to employers if they do so.
It is also possible to lodge a separate dispute and strike action to recover pay deducted for ASOS – the EIS FELA has successfully done this in the past.
Furthermore, if employers signal that pay will be deducted for ASOS, it is likely to encourage the strike element of the industrial action mandate.
If issues arise, contact your branch rep immediately.
Please stay informed throughout the week—updates may be issued depending on the Scottish Government and COSLA (as representing the employers) responses.
Q1. What happens if I am asked to do something that is part of my job or is "expected" of me and which falls within the 5 actions outlined in ASOS above?
Q2: Am I breaking my contract by taking ASOS?
Yes, but ASOS is legally protected industrial action when authorised by your union.
Q3: Can my employer discipline me for undertaking ASOS?
No, it is unlawful for employers to discipline members for undertaking lawful industrial action.
There is no history of public sector employers disciplining staff for taking part in lawful, union-authorised industrial action in Scotland. Contact your rep if you feel pressured or threatened to breach the ASOS action.
Q4. Will undertaking ASOS affect my career progression or promotion prospects?
No, it will not. Carrying out collective action with your colleagues is the norm within the teaching profession.
Employers have no legal entitlement to exclude workers who have taken industrial action from future promotion opportunities or to otherwise discriminate against them.
Any member who believes that an employer either threatens or enacts such retaliatory action against them, will be supported by the EIS and the actions of the employer robustly challenged.
Q5 Why is the ASOS running over Purdah – i.e. after March 25th?
If our ASOS is running then it means that we are still putting pressure on the Scottish Government and COSLA to resolve the dispute. Also, our ASOS mandate is “continuous”, which means it runs continuously.
Q6: Do I still attend work as normal?
Yes. You work normally within the limits of ASOS.
Q7: Should I tell my manager I’m participating?
You don’t need to advise your employer in advance – the EIS has already done this on your behalf. After the ASOS action has started, if asked, you may confirm that you are undertaking ASOS.
Q8. How will employers undermine collective industrial action?
ASOS works, but it relies on all members refraining from participating in the actions specified in the ASOS. ASOS relies on members having faith that other members are acting with them and adhering to the ASOS.
This includes unpromoted and promoted staff. The latter group should not feel pressure to breach the ASOS actions, even if the duties are mentioned within their job descriptions.
Q9. Should headteachers and other promoted staff breach the ASOS actions, but not ask other teachers to do work covered by ASOS action?
No, ASOS applies to all teachers with SNCT contracts.
Q10. What if my PT/Depute or Headteacher instructs me to carry out work that is covered by an ASOS action?
This industrial action lawfully allows you to breach your employment contract – even if you are instructed to do work covered by ASOS. Please ask for an instruction in writing and raise it with your Local Association Secretary.
Q11. Is this a work to rule ASOS?
No.
Q12. Does this ASOS affect School trips, Charity events or extracurricular activities, or after school meetings?
No.
Q13. I am a HMIE Associate Inspector – does this ASOS Action affect me?
This ASOS only affects serving SNCT teachers in relation to their work with their local authority employer. It does not affect the work for HMIE of any person who has a separate contract with HMIE.
For the avoidance of doubt, even if you are an HMIE Associate Inspector and an HMIE inspection comes to your school, then the ASOS applies to you as a teacher at the school.
Q14. I sit on a local authority review group into standardised assessments/SNSA/Quality Assurance – Can this work continue?
Such work at the local authority level would be limited to that which does not involve the administration, implementation or processing of these activities.