NASUWT teachers strike could face legal challenge

NASUWT members are to stage a one-day strike on 30 November

The body representing teaching employers is considering legal action against a strike plan by some teachers.

In a letter to school governors seen by the BBC, the employers said the proposed strike action by some NASUWT members later this month is based on a ballot conducted five years ago.

In response, the NASUWT maintain their plans for action are entirely lawful.

Their members at schools in Belfast and Newtownabbey are due to stage a one-day walk out on 30 November.

The action is over pay, workload and job insecurity.

The letter is from the management side of the Teachers' Negotiating Committee.

It represents the main school employing bodies, including the Education Authority (EA) and the Council for Catholic Maintained Schools (CCMS).

'Continuous rolling over'

The letter points out that the strike is based on a ballot taken "in November 2011".

"We reserve the right to challenge the legality of the current action with particular reference to the unacceptable continuous rolling over and escalation of the industrial action purportedly authorised by historic ballots notwithstanding clear changes to the nature of the disputes," it said.

Last month, all teaching unions in Northern Ireland rejected an offer which would have seen their pay frozen last year and a rise of 1% for 2016-17

The other teaching unions - INTO, UTU and ATL - are currently taking non-strike industrial action.

For example, INTO members are not attending school meetings arranged before school or at break or lunchtime.

'Lawful trade dispute'

The employers' letter said that they want to resolve the industrial action.

However, it said they "are concerned about the long-term nature of the industrial action the unions are currently engaged in and the detrimental impact on the education of pupils and effective running of schools".

In response, the NASUWT said that they are pursuing "a lawful trade dispute on pay, pensions, working conditions and jobs which has been recognised by the education minister

"The NASUWT's plans for strike action are entirely lawful and members participating in the NASUWT industrial action will continue to be protected in law by the existing yes vote from the ballot of all members conducted in 2011."

Principals of all schools have also been sent a letter advising them on how to handle the strike action.