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UK Teachers who strike could still claim pay

Striking teachers will be paid, officials fear, with unions set to force the closure of classrooms at the vast majority of schools on Wednesday.

More than 100,000 members of the National Education Union are expected to walk out in the most disruptive teachers’ strike in more than a decade, with 85 per cent of schools in England and Wales set to close to some or all year groups.

However, schools have made the decision to close without knowing which teachers will actually be on strike because of laws that mean union members cannot be forced to tell their bosses.

On Tuesday night, concerns were raised that this could enable striking teachers to claim that they are working and therefore be paid.

In a letter to all schools, Gillian Keegan, the Education Secretary, told head teachers that any striking staff must not be paid. 

The letter, seen by The Telegraph, reads: “In all cases, where employees take strike action they are not entitled to be paid for any period during which they are on strike.”

Mrs Keegan also stressed that teachers not on strike should turn up to work and could be asked to cover for striking teachers, although schools will not be able to force them to do so.

Teachers posting on social media on Tuesday said they believed some could still get paid while striking if their school was closed. “If [head teachers] close the school because teachers won’t say if they’re striking in advance, they’ll get paid,” one wrote.

Teachers' strike

With seven dates set for regional and national strikes by teachers in February and March, parents fear children will be held back as they attempt to recover from lost learning during pandemic lockdowns.

Arabella Skinner, of the parents’ group UsForThem, said: “By closing schools yet again, we are putting our children’s needs behind adults and we are suggesting that attendance at school is optional.”

Lord Blunkett, a former education secretary who served under Sir Tony Blair, said: “It is imperative that the Government and teacher leaders sit down and work out a way forward that avoids any further industrial action.

“The impact of disruption to a whole generation of children has already been incalculable over the last three years, and there is clearly an obligation on everyone to avoid continuing loss of teaching time and the damage this inevitably causes.”

Mrs Keegan thanked NEU members who have given advance notice of their intention to strike to schools so that head teachers can “do everything they can to keep their schools open for as many pupils as possible, particularly for the most vulnerable, children of critical workers and those taking formal exams and assessments”.

The NEU has notified schools of how many teachers at each one are members. However, head teachers cannot legally demand to know which members of staff these are, and members do not have to tell their bosses if they intend to strike.

This has meant schools have assumed a worst case scenario in terms of teacher numbers, leading to the expected widespread closures. 

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