Public sector strikes Q & A
Employment Law & HR update - 16/6/2011
More public sector unions have now voted for strike action,
following the teachers’ vote for strike action earlier this
month.
For the first time in recent years, the unions aim to
co-ordinate their strikes to coincide on one or more “days of
action”, which may take place during the course of the summer. The
first of these one-day strikes has been set for Thursday 30th
June.
Although the strikes only directly impact public sector workers,
private businesses are likely to be affected indirectly, either
through contracts they service or because their staff have to take
time off.
Here our Employment Law & HR experts answer some of the
questions employers are likely to have.
Who is going on strike?
Several public sector unions have vote for strike action.
Importantly, these include two major teachers’ unions, so
widespread school closures can be expected.
Other services which will be impacted include:
- Customs at airports and ports
- Jobcentres and social security offices
- Colleges and universities
The first strike day is planned for Thursday June 30th.
What is the impact likely to be on my
employees?
Overseas business trips may be affected by strike action by
customs officers.
However, the most significant impact is likely to be widespread
school closures caused by the teachers’ strike. Many employees with
children will be unable to make alternative arrangements for
childcare and may have to ask for time off.
What time off are employees allowed for
childcare?
For short-term incidents such as this, there are two main
entitlements:
Annual holiday will be paid holiday from the
employee’s annual entitlement, and will be booked through the
employers’ normal holiday request procedures
Time Off for Dependants is unpaid leave,
designed to allow employees to deal with unplanned events which
mean they have to take time off to look after dependants such as
children.
I normally ask employees to give four weeks’ notice of
holidays, but the strikes are less than two weeks away. Can I
refuse holiday requests at this late stage?
If your written procedures require a longer notice period for
taking holidays than the employee gives, you are within your rights
to refuse the holiday request. But it might make sense on this
occasion to waive the rule, particularly as the employee might
instead take the leave anyway under the Time Off for Dependants
provisions.
I thought Time Off for Dependants was to deal with
unplanned events. The strike date is known in advance, so surely
the Dependants rules don’t apply?
Recent case law has made it clear that the Time Off for
Dependants provisions can apply to events that are known about in
advance, if the employee is unable to make alternative arrangements
for childcare.
Every case is different, and of course you can try and identify
whether a particular employee’s circumstances justify granting a
request. However, this may not be the best use of your time and,
since the leave is unpaid, this is usually a sufficient
disincentive for its abuse.
What if employees take the time off as sick
leave?
This may happen if employees are left feeling they have no
choice because other types of leave have been denied them.
Where statutory sick pay rules apply, a single days’ sickness
absence is likely to be unpaid. If your business operates a more
generous scheme, check whether you have policies in place that
allow you to require additional evidence of genuine illness in
cases of doubt.
How do I prepare?
The best advice is to accept that the strikes will cause genuine
difficulties for some employees and disruption to your business,
but to minimise this by preparing for the strike days in
advance.
- Be aware that significant numbers of workers may need time off
for childcare and plan accordingly – find out who will be asking
for time off
- Consider giving employees the choice of taking holiday or Time
Off for Dependants on the strike days
- If you need to relax your rules on advance booking of holidays
or the number of staff allowed off at one time, make a clear
decision on this and communicate to your staff that it is a
“one-off”
- Consider whether temporary flexible working arrangements, such
as some home-working, could assist
If you are already a client of
RBS
Mentor and need further
advice, please call the 24/7 Advice Service on 0800 634 7001.
If you would like to find out more about becoming a client,
please contact us now or call us on 0800
634 7004.