Statutory Ballot FAQs

It is disappointing that, despite a very strong Yes vote, (a majority of those voting) for industrial action, our ballot fell victim to the UK’s anti-trade union laws – and failed a threshold by 3.4%.

The Executive Committee considered the result and how best to continue the workload dispute.

There was a clear decision from that meeting that the EIS must continue to press ahead with its campaign to secure promised Scottish Government actions to tackle excessive workload, and that another statutory ballot was the best means of putting pressure on the Scottish Government and COSLA to act.

Q2. I already voted in the last ballot, do I need to vote again?

Yes, as this is a completely new statutory ballot. UK law requires us to start again.

Q3. Why are we being balloted?

The EIS has long campaigned to reduce teachers' workload. Part of this campaign is our aim to move to a 20 hour teaching week with a class size maximum of 20 pupils. In 2021, the SNP was elected to government on a manifesto to reduce workload by reducing weekly class contact by 1.5 hours – from 22.5 hours to 21.0 hours per week.

We have been since 2021, but the Scottish Government and COSLA have failed to make meaningful progress towards delivering their promises. The EIS along with all the other unions lodged a dispute.

As a last resort, we are pursuing our SNCT dispute with ballots for industrial action in order to persuade the Scottish Government and COSLA to implement the promised reduction in weekly class contact.

This weekly class contact reduction is part of a wider EIS campaign to reduce workload, including smaller classes, more PSAs, more resources etc.

Q4. Why is this a postal ballot?

By law, statutory ballots for industrial action need to be carried out by post and administered by an independent scrutineer.

Q5. Can I vote online?

No. The law states that statutory ballots must be postal ballots. The postal ballots are sent to the independent scrutineer company that administers the ballot then we will not be able to take and will not further seek industrial action.

Q6. When should I receive my ballot paper?

Ballot papers will be posted first class on the day that the ballot opens. You are likely to receive your ballot paper on the 4th or 5th of February. Look out for the A5 sized yellow envelope.

Q7. What should I do if I haven’t received my ballot paper?

If you have not received a ballot paper at your home address by 6th February then you should email ballot@eis.org.uk with your name, address and membership number (if possible).

Q8. What is the closing date of the ballot?

The ballot closes on 4th March 2026 – this means your posted ballot paper must arrive at the scrutineers by 4th March.

Q9. What is the deadline for posting my ballot paper?

Your postal vote must be delivered by Royal Mail to the independent scrutineer by Wednesday, 4th March 2026.

To facilitate this – to be safely posted ballot paper needs to be put in a letter box on 1 March at the latest in order to catch the post of Monday, 2nd March.

Q10. I’ve misplaced my ballot paper; how do I request another copy?

If you cannot find your ballot paper, then you should email ballot@eis.org.uk with your name, address and membership number (if possible) to request another ballot paper.

Q11. How should I vote?

You are being urged by the EIS Executive to vote Yes for Action Short of Strike Action (ASOS) and Yes for Strike Action.

Q12. I don’t agree class contact time should be reduced, should I still vote?

The EIS is a democratic union, and we respect our members' views. If a majority of members vote against industrial action, then we will not seek industrial action.

It is important for every member to participate in this ballot as it is a decision making process that depends on as many members participating as possible.

Part of being a member of a democratic trade union, is voting when asked to - every member has a responsibility to their fellow members to vote on important issues.

Your vote is kept confidential and anonymous by the scrutineers.

Q13. The ballot paper says that I can be dismissed for taking industrial action after 12 weeks. Is this true?

It is a statutory requirement for us to put that text on every ballot paper issued until February 18th, 2026. Thereafter, new UK employment laws will make it automatically unfair (i.e. unlawful) to dismiss anyone for taking industrial action.

Q14. If I vote yes, will we have to take industrial action?

In order to obtain an industrial action mandate:

A majority of those voting must support the industrial action
There must be a turnout of 50% of the eligible vote i.e. affected members

The EIS hopes that an industrial action mandate alone will be enough to exert sufficient pressure on COSLA and the Scottish Government to resolve the dispute and deliver the workload reductions from 1.5 hours less teaching per week.

However, if COSLA and the Scottish Government decide not to resolve the dispute, then industrial action would be inevitable.

Q15. Who is eligible to vote in this ballot?

All members who are teachers who we know are employed by a specific local authority i.e. probationers, main grade, chartered, lead, principal, depute headteachers and headteachers.

Q16. How do I check my membership details are up to date?

You can check your details by logging into MyEIS.

Q17. What is Strike Action?

In UK law, strike action is defined as a form of industrial action, where employees collectively refuse to work in pursuit of a trade dispute with their employer. In other words, teachers do not attend work as part of a complete refusal to work. The dispute is the SNCT Workload dispute.

The strike action sought is “discontinuous” – i.e. there are days when members are on strike and other days when members are not on strike.

EIS strike patterns are escalatory; e.g. 1 day a week, then 2 days a week, then 3 days a week.

Q18. What is Action Short of Strike?

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).

The ASOS in this ballot is “continuous”; it is carried out from the start date to either the conclusion of the dispute or conclusion of the industrial action mandate (whichever is soonest).

Q19. What would ASOS look like in this dispute?

Any Action Short of Strike (ASOS) arising in this dispute would consist of the following:

Non-compliance with HMIE inspection related activities, including inspection visits.
Refusal to administer, implement or process any aspect of SNSAs (Scottish National Standardised Assessments).
Refusal to administer, implement or process any aspect of any Local Authority-determined standardised assessment.
Refusal to administer, implement or process any aspect of standardised assessment determined at school level.
Non-compliance with Local Authority quality assurance procedures (e.g. authority inspections, “learning visits” or other equivalents).

Non-compliance means that you do not carry out what you are asked or instructed to do. In the ballot paper, members are advised:

“EIS members would be advised to carry out ASOS and refuse to participate in any aspect of the HMIE inspection process and to simply show a film for an entire lesson if an HMIE Inspector insists upon attending a lesson or class.”

Q20. What Would Happen if I were asked to Carry Out Duties Covered by an ASOS mandate?

You would ask for a written instruction from the person making the request. You would refuse to carry out the written instruction and pass it to your Local Association Secretary for any further action if it is necessary. (A written request may be refused directly as it is not an instruction).

Q21. Why am I being asked if I am willing to take Action Short of Strike?

The EIS is clear that the Scottish Government and COSLA must resolve the SNCT workload dispute on reducing weekly class contact time to 21 hours, in a manner that begins to address unsustainable levels of teacher workload – by allocating the full 1.5 hours that would be saved from class contact time to increase weekly “preparation and correction” time to a minimum of 9 hours per week.

In over four years since the Scottish Government manifesto commitment to reduce class contact time to 21 hours, there has been no tangible progress (read the story so far).

In this time, the levels of workload endured by Scottish teachers have remained unhealthy and unsustainable (read the member workload briefing).

While tens of thousands of teachers are working an excessive number of hours per week, in large part due to understaffing, thousands of other teachers are unable to secure permanent employment.

EIS members are therefore asked to indicate their willingness to stand up for a reduction in workload, in the interests of health, safety and wellbeing at work, security of employment for those who do not have it, and quality education for children and young people, by voting in this statutory ballot for strike action and ASOS.

Q22. Is Pay Deducted During ASOS?

Yes, it is possible for an employer to deduct pay from workers who are carrying out ASOS. There are, however, risks to employers as the law is far from clear in this area.

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 and recovered members’ wages.

Furthermore, if employers signal that pay will be deducted for ASOS it is likely to encourage the use of the strike element of the industrial action mandate.

Q23. Can Strike Action and ASOS be Implemented Together?

Yes, and we will do so in this dispute. The two industrial actions will complement and amplify each other.

Q24. What are the next steps?

All members are urged to vote in the statutory (postal) ballot that is currently open.

The strongest possible turnout in this ballot gives the best possible opportunity to avoid a further escalation to industrial action. However, if the Scottish Government and COSLA do not act then members must be ready to undertake strike action.

A resounding YES vote, to both Strike Action and Action Short of Strike, will send the strongest possible message to COSLA and the Scottish Government that they must act to address workload, and that an agreement must be reached to end this dispute.

If you have further questions about the workload statutory ballot, please contact ballot@eis.org.uk.