Union disruption How teachers can keep their head in the dark about them taking action

Under current laws, striking education unions have to be open with schools about how many of their teaching staff are members of their union.

This helps head teachers know to a certain extent how much of an effect a strike could have on them. But there is no requirement on individual teachers to inform their head teacher whether they actually will take part in industrial action.

This understanding goes back at least as far as the Trade Union and Labour Relations (Consolidation) Act of 1992, during the premiership of John Major. The legislation updated the landmark Trades Disputes Act of 1906, passed by Henry Campbell-bannerman’s Liberal government.

The 1992 Act consolidated union law, taking into account Margaret Thatcher’s reforms of the 1980s. As well as defining trade unions in law and stating their legal rights, it protects the right of workers in a union to take industrial action where reasonable notice is given.

One government source said that it was “implicit” in this legislation that it is not a requirement for teachers to tell their employer whether they are going on strike.

This has been exploited by the National Education Union, which has advised its members not to tell their head teacher.

Advice on their website states: “Individual NEU members do not have to tell their employer whether they personally intend to take part in strike action.

“If your head teacher or principal asks you to tell them or sign a form, you DO NOT have to do so.”