Category: Information for Members

The latest pay offer has been rejected by EIS and AHDS and the strike planned for Thursday 24 November will go ahead. SSTA members and members of other unions or none are unable to participate in the strike action and must attend their normal place of work. To not attend their place of work the local authorities will deem the teacher is taking strike action and deduct the salary for that day.

The SSTA has been in contact with local authorities to reaffirm that SNCT Handbook Conditions of Service remains in place for those teachers not taking striking action. Unfortunately, some local authorities still believe they have the power to set aside the SNCT Handbook. SSTA will be challenging this misunderstanding in the coming weeks.

Unfortunately, there are inconsistent instructions being issued to schools that is causing confusion to teachers not participating in strike action. As a consequence, SSTA is advising members to work normally and follow the instruction issued by the Headteacher on the day of strike action. This includes

1. report to your normal place of work, unless you have been asked to do otherwise
2. to avoid issues at a later stage, ascertain on the day from your line manager (or if they are unavailable, the next person in line) that you are no longer required for any in-school tasks before considering signing out (see below*)
3. undertake only the work you would normally do on the day; this does not include teaching remotely (which was a temporary pandemic adjustment)
4. only teach the children that you would normally teach and not any child that would be taught by a colleague who is taking strike action
5. do not accept any changes to timetables

Industrial Action by Other Teacher Unions

It is unlawful for any member of the SSTA to take industrial action where the SSTA has not given a specific notice to the employer advising that action will be taken.

Where members of another STUC-affiliated trade union are involved in industrial action, SSTA members should:

• report for work as normal; and
• not accept any variation to their contracted duties and/or undertake the timetabled or other responsibilities of those involved in the strike.

Should the decision be taken to close the school, staff not involved in strike action must report to work or remain at home as directed by the headteacher.

SSTA members should not suffer any salary deduction if the school closes.

The SSTA is aware that some employers are contending that they are entitled to suspend the terms of the Handbook of Conditions in relation to “Time and Place” (T&P) on a day when pupils are not in school because of industrial action by teaching unions. The Association rejects this view and advises members as follows.

For those staff available for work there is no reason why National Conditions of Service should not continue to apply.  This includes the provision in Part 2 Section 3 – SNCT Handbook  ‘3.10 All tasks which do not require the teacher to be on the school premises can be carried out at a time and place of the teacher’s choosing: teachers will notify the appropriate manager of their intention in this respect.’ 

This National Condition of Service is not subject to suspension at the whim of the employer. The SSTA has informed employers of this misunderstanding.  *A COSLA spokesperson has offered us this response, which aligns entirely with our advice to members:
“While respecting the provision in the SNCT Handbook it is clear that the employer has to be satisfied that the worker is reporting for work and there for eligible to be paid normally rather than being considered to be on strike.

Having taken legal advice, it is our view that Section 3.10 of the SNCT Handbook is the exception, not the rule. Teachers will have to attend on the school premises to work. If it transpires that some or all of the tasks allocated to them “do not require the teacher to be on the school premises” then (and only then) does 3.10 apply.

For that reason, there will not be a universal approach applied.  It will depend.”

Picket Lines

Where a union taking strike action establishes a picket line, refusal to cross it would render a teacher who is not a member of a union taking strike action liable to disciplinary action, including the deduction of salary, as it would be considered as participating in unlawful industrial action.

The single exception to this is where there are genuine grounds to believe that crossing the picket line would put the person concerned at risk of injury.

In these circumstances, SSTA members should contact the headteacher, an appropriate senior person in the school or an appropriate person in the employing authority, if the headteacher is not available. They should also contact SSTA Head Office to advise them of what has taken place and to seek further advice or support.

Members are asked to stop and listen and offer support to any case made and those undertaking strike action. Members are advised to cross the picket line having assured those picketing that they will not undertake work those on strike would normally have carried out.

Further advice can be obtained from the SSTA Head Office.

The SSTA National Executive Committee has authorised 2 days of targeted strike action on Wednesday 7 December and Thursday 8 December in pursuit of a fair and just pay settlement for 2022. 

Catherine Nicol, SSTA President said
“The Executive Committee felt it had no option but to move to strike action due to the failure of the employers (COSLA) and the Scottish Government to make an improved pay offer. The last pay offer was made on the 19 August and was quickly rejected by the teacher unions. Despite a series of engagements not even one more penny has been put on the table”.

“Teachers have had enough of fine words and are being forced to take strike action to achieve an improved pay award. I hope the Scottish Government will step up and help to avoid teacher strikes that nobody wants”.

Seamus Searson, SSTA General Secretary said
“This common practice of waiting to the last minute to reach a pay agreement shows a complete lack of respect for teachers as this pay award should have been paid in April. Teachers pay has fallen in real terms by 25% over the years and the failure to act promptly only adds to teachers’ frustration”. 

“The SSTA strike action will take place over two days and is intended to send a clear message to COSLA and Scottish Government that teachers are serious about fair pay deal”

The list of local authorities and the days that strike action will take place are: 

Wednesday 7 December 2022

• Argyll and Bute
• Dumfries and Galloway
• East Ayrshire
• East Dunbartonshire
• East Renfrewshire
• Eilean Siar
• Glasgow, City of 
• Highland
• Inverclyde
• North Ayrshire
• North Lanarkshire
• Orkney
• Renfrewshire
• Shetland
• South Ayrshire
• South Lanarkshire
• West Dunbartonshire

Thursday 8 December 2022

• Aberdeen, City of 
• Angus
• Aberdeenshire
• Clackmannanshire
• Dundee City
• Edinburgh, City of
• East Lothian
• Falkirk
• Fife
• Midlothian
• Moray
• Perth and Kinross
• Scottish Borders
• Stirling
• West Lothian

The SSTA postal ballot for strike action closed today and we have received the result from the independent scrutineer.

90% of SSTA members have voted to take strike action with a ballot turnout of 62%. The ballot passed the statutory requirements of a postal ballot and gives the SSTA the legal mandate to take part in legal industrial action.

The SSTA National Executive will meet later this week to confirm the date of strike action and will be considering a strike in the week beginning the 5 December. The SSTA is required by law to give at least 14 days’ notice of industrial action.

Please Note: The SSTA will be issuing advice to all members regarding strike action in schools planned to take place on Thursday 24 November later this week.

Seamus Searson
SSTA General Secretary

The SSTA Strike Ballot closing date is coming fast. Please get your ballot paper in the post as soon as possible.

Ballot closes 16 November 2022. Every last vote is important!

Meeting with the DFM and Cabinet Secretary for Education – 10 November 2022

The SNCT Teachers’ Side were invited to a meeting with the DFM and Cabinet Secretary for Education at the Scottish Parliament on 10 November 2022. All six teacher unions/associations were represented together with representatives from COSLA (employers) and a large number of Scottish Government Officials. This meeting was not replacing the normal SNCT Extended Joint Chairs negotiating mechanism but an attempt to help to resolve the pay dispute.

The DFM and Cabinet Secretary explained the dire financial situation the Scottish Government found itself (including the impact of the ‘mess’ made in London a few weeks ago). COSLA followed in behind on a similar line. There was a clear wish to avoid strike action.
 
The teacher side maintained its position that only an improved undifferentiated pay offer would move the situation forward. Teachers were angry with the delay in resolving the 2022 pay claim and the feeling of being undervalued for their commitment over the last number of years. It was also highlighted that teachers are preparing to take strike action.
 
Eventually, the unions were told if an improved offer were to be made there would have to be consequences to the service including a reduction in headcount. Teacher side didn’t respond to these remarks other than they understood what was being said.
 
The meeting closed with the Scottish Government and COSLA wanting to carry on talks to prevent any potential strike action.

 
Industrial Action 

Trade unions are unable to take industrial action until 14 days have passed from the date of the closing of the ballot. SSTA delayed the start of the balloting process to avoid the October break and give a three-week voting period to ensure a good return in the postal balloting process. The SNCT teacher unions have been working closely on the pay campaign and were all kept appraised of the position of each of unions/associations. The SSTA position has been for unions to work closely and coordinate industrial action to have the maximum impact as part of the pay campaign. However ultimately, each union has its own internal mechanisms in how to operate and is able to make its own decisions.
 
It has been announced that EIS is taking the first step of its industrial action with a one-day strike on Thursday 24 November. I also believe AHDS (primary schools) are intending to take strike action on the same following a successful ballot that met the required thresholds.
 
The SSTA and NASUWT are unable to join the strike on 24 November as our outstanding ballots will not have closed in time to give the required 14 days’ notice. Further advice to members will be issued next week. The SSTA National Executive will meet next week following the close of the SSTA ballot to consider our next steps. The SSTA will attempt to work with other trade unions in a coordinated pay campaign.
 
Unfortunately, the SLS failed in its ballot by not meeting the first threshold of a 50% return with only a 38% return and is unable to take industrial action without conducting a fresh postal ballot. This highlights the importance of getting all members to return their ballot papers.

STRIKE BALLOT PAPERS ARE COMING
 

The SSTA strike ballot paper will be arriving at your home from Wednesday 26 October and I would like to encourage you to return your vote as soon as possible.
 
This ballot must be conducted by post and votes not returned will be deemed to be a no vote. To meet the legal threshold more than 50% of members need to vote and more than 40% of the total membership (not just those who voted) need to have voted to take strike action.
 
The SSTA together with other teacher unions are conducting official strike ballots to apply pressure to the employers (COSLA) and the Scottish Government to negotiate and reach a fair and just pay settlement.
 
With inflation moving beyond 10% the employers offer of 5% must be seen as a pay cut and must be challenged. A successful ballot will show the employers that teachers are not being taken for granted any longer. Teachers pay and teacher workload are the biggest issues for Scottish teachers today and without sufficient teachers workload is only going to get worse.
 
The SSTA is determined to achieve professional salaries for all teachers. This campaign is the next step in restoring salaries that have been seriously eroded over the last ten years and most importantly a measure to retain teachers for the future. The call for Restoration, Retention and Recruitment is as true today as it has ever been.
 
Your vote is important, so please make it count and get your vote in the post.

SSTA is encouraging all members to vote YES in the ballot

The SSTA National Executive sanctioned the statutory ballot for strike action following an overwhelming number of SSTA members calling for strike action in a consultative ballot. The SSTA’s statutory ballot for strike action commences on Wednesday 26 October and closes on Wednesday 16 November.

Seamus Searson SSTA General Secretary said

“Unfortunately, the threat of strike action seems to be the only thing COSLA and Scottish Government take seriously. This ‘market stall’ brinkmanship mentality is insulting to teachers, parents and young people. It really shows how much teachers are undervalued by their employers. All the hard work teachers had done during the pandemic, keeping the education system open, has all been forgotten”.

“Teachers don’t want to go on strike, but they will to achieve a fair and just settlement. Grown-up negotiations are long overdue on a pay settlement that should have been in place on the 1 April this year”.
 
Catherine Nicol, SSTA President said
 
“COSLA and the Government appear to be awaiting strike action before they enter further discussions. No offer has been made since 19 August. Teachers are determined to get a fair deal and are prepared to strike. Closing schools is the only way that COSLA and the Scottish Government will be forced to negotiate”.
 
“The SSTA has been committed to reaching a suitable agreement through negotiation but to date COSLA has not been prepared to engage in meaningful negotiations or make an improved offer. The approach of COSLA’s approach has necessitated the move towards strike action”.

The SSTA is encouraging all members to vote YES in the ballot

The SSTA Salaries and Conditions of Service Committee is conducting a Consultative Ballot of members on the 5% pay offer and members preparedness for strike action.

The SSTA Salaries and Conditions of Service Committee is asking members to reject the 5% pay offer and support the call for strike action to support the SSTA in applying pressure in future negotiations with the employers (COSLA) and Scottish Government.

The Consultative Ballot will commence on Friday 16 September and will close at noon on Wednesday 28 September 2022. Emails are being sent out to members ‘preferred’ email addresses.

In the consultative ballot:

1. members will be asked their local authority, current post and position on pay scale
2. members will be asked whether they accept or reject the pay offer
3. members will have the opportunity to state the reason for their decision
4. an additional question only for those members who reject the offer whether they are prepared to take strike action to get an improved offer?

Please note: This ballot is an internal SSTA ballot and any movement to official strike action will only take place following a statutory postal ballot conducted by an approved external organisation. Only members employed by a local authority will be invited to participate in the consultative ballot.

If you do not receive an email invitation for the ballot by noon on Friday 16 September, please check the spam/junk folders as sometime the email can be diverted there.

If you require another email invitation to be sent to you, please email info@ssta.org.uk with a note of your full name, school, DoB and, if known, your SSTA membership number. We will then arrange for an email invitation to be sent to you.

 
The SSTA conducted a members opinion survey through school representatives, on the 5% pay offer from the employers (COSLA). The SSTA represents more than 6,500 members in Scottish secondary schools.
 
80% of members rejected the pay offer with 70% of members reluctantly prepared to take strike action in pursuit of a realistic pay deal.
 
Seamus Searson the SSTA General Secretary said
 
“SSTA members have given everything in the last number of years to keep education going and to ensure that all young people did not lose out during these difficult times. Teachers are walking away from the job because of the excessive workload and a poor pay offer only adds insult to injury”.
 
“The Scottish Government must step up to the plate and be prepared to put in place a pay offer that will retain teachers and recognise their tremendous efforts over the last few years. Teachers are already struggling to keep schools running with morale very low and COSLA’s disparaging pay offer only adds to their feeling of being grossly undervalued”.
 
Paul Cochrane, SSTA Salaries and Conditions of Service Convenor said
 
“Pay negotiating has repeatedly delayed to the detriment of teacher health and wellbeing.  The SSTA members have comprehensively indicated that they are prepared to take strike action”. 
 
“The SSTA Salaries and Conditions of Service Committee has rejected the latest offer and is now moving to a consultative ballot of all members as the next step in our pay campaign. Enough is Enough!”
 
The SSTA consultative ballot will be issued to members by email on Friday 16 September.
 
A typical selection of responses from SSTA members
 
“Offer is quite frankly disrespectful and COSLA’s behaviour in these negotiations very disappointing”.
 
“Insulting. It is not acceptable. It is way below inflation and is a pay cut. Following Covid teachers’ morale is low and there has been very little done to improve this.”
 
“We are under paid and under-valued. We worked through lockdowns supporting pupils. On return to school we taught pupils in school and continued to support those at home with home learning. No extra thanks has been given for this extra work”.
 
“Massive changes in role of teachers in past 10 years and this has not been addressed by pay or time. Staff unwilling to accept what is effectively a pay cut when inflation is expected to reach 18%”.
 
“The last pay deal was well below what was asked for and was not acceptable to a lot of members and this one is not acceptable. Members are willing to take strike action”.
 
“With inflation being 10.1%, a 5% increase is like taking a pay cut. I expected more after the last few years with what teachers have done – we have worked ourselves to the bone to provide for pupils and we don’t get any thanks”.
 
 “I think this offer is a kick in the teeth. We are expected to do more than ever. We are responsible for more than ever. Why as teachers are we now struggling to pay our bills and choosing between eating or heating our homes”.
 
 “As we were forced to accept a low offer last year, this should not happen again”
 
“I am a secondary teacher and currently have just taken a part time job in addition to undertaking annual SQA marking just to make ends meet, a situation that is only likely to get worse. This situation is unsustainable”.
 
“Time for salaries to be reflected to where they should be. Our salaries have not kept in line with inflation for quite a number of years and so have fallen in real terms”
 
“Removing local authority control from education, and instead running education directly from the Scottish Government, would also help as it would reduce the number of cooks in the broth when it comes to pay negotiations”.
 
“Striking is a last resort and is not taken lightly, but it is the only course of action that COSLA will pay heed to”.
 
“Some staff are torn between striking for better pay and the impact this will have on pupils but teachers need a fair pay for the work that we do”.