Time off and the teacher’s strike – England & Wales
The NEU has declared seven days of strike action, the first being Wednesday 1st February, affecting 23,400 schools in England and Wales.
The dates of the strikes are:
- Wednesday, February 1 (England and Wales)
- Tuesday, 14 February (just Wales)
- Tuesday, 28 February (Northern, Northwest, and Humber regions)
- Wednesday, 1 March (Midlands, Western and Eastern regions)
- Thursday, 2 March (London, Southeast and Southwest regions)
- Wednesday, 15 March (England and Wales)
- Thursday, 16 March (England and Wales)
Schools can only have a maximum impact of four days and the Government has indicated that schools should open where possible.
There is no legal right for a day off to look after a child when their school closes due to strikes, so what options do parents have when it comes to time off during strikes?
Statutory rights
Parental leave:
Under the Maternity and Parental Leave etc Regulations 1999 - this is unpaid leave. Employees with children under the age of 18 may take parental leave. To be eligible, they need one year or more continuous service. 21 days’ notice is required, but employers could be flexible. Parental leave must be taken in blocks of one week or more (unless a child is disabled when leave can be taken in blocks of one day).
Time off for dependants:
Under the Employment Rights Act 1996, this is again unpaid leave and is designed (but not always), for use to assist in short term unforeseen emergencies. Childcare arrangements falling through at the last moment is a good example. That said, disruption doesn’t always have to be “sudden” and where it has been impossible to arrange replacement childcare, employers should be reasonable in considering all the facts whether it is necessary for employees to take the time off work. EAT: Royal Bank of Scotland v Harrison (2008).
The attractiveness to parents of either Parental leave or Time off for dependants in strike circumstances is of course limited, mainly due to practicalities of notice, blocks and it being unpaid. What’s the alternative?
Reasonableness
Employers should always look to consider what’s reasonable? This could include taking annual leave, taking authorised paid leave, swapping working days, working from home and adjusting working hours. In all situations, employers should check they have good “leave” policies in place and encourage upfront discussions with employees to avoid instances of unauthorised absences. At Slade Legal, our HR & Employment team can help you introduce or review your existing “Leave” policies, so they reflect best practice and your culture. Feel free to contact us today for a discussion.
Get in touch with Tracey Waite on 0135 521920 or email tracey.waite@slade-legal.co.uk
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