Teachers could threaten to strike over classroom safety, union warns

TEACHERS could threaten schools with strike action over coronavirus safety measures, the country’s largest education union has said.

It would be “foolish” to come across as being against schools opening, Kevin Courtney, the joint general secretary of the National Education Union (NEU), said. Speaking to union workplace representatives at an online meeting, he explained that “public consciousness” has now shifted and parents are generally in favour of schools being open, forcing the union to “change tack”.

Before the summer holidays, the union advised teachers that they could refuse to go back to work by citing Section 44 of the Employment Rights Act 1996, which states that workers are prevented from detriment or dismissal if they reasonably believe that entering their workplace will put them in “serious and imminent” danger.

But Jayne Phillips, of the NEU’S employment rights unit, explained that the union has had to shift its stance and can no longer rely on this as a defence.

“We’ve changed tack. Previously, in June, we were saying you can rely on Section 44 protection, which says you don’t have to go into work,” she said.

“It’s very difficult for us to say that now, because of the [falling] rate of the infection. Things will have to be dealt with on a case-by-case basis. There is a need for all of you to discuss with your branches and with your regional offices where you have situations – in particular involving the clinically extremely vulnerable, the clinically vulnerable and the high risk – whether it is appropriate to rely on Section 44 and whether letters should be issued. The alternative is for us to collectivise and in certain circumstances it may be more powerful for us to say that we are going to ballot members over possible industrial action.”

She made the remarks while addressing members during a virtual meeting on Aug 27, and the video was published on the NEU’S Youtube channel.