Scotland’s largest teaching union is to re-ballot members after a vote on industrial action failed to achieve the necessary turnout levels.
Members of the EIS had been asked if they would be willing to engage in action including strikes in response to the Scottish Government’s failure to deliver promised reductions in teacher workload.
The SNP has pledged to reduce teachers’ class contact time by ninety minutes per week, but failed to increase teacher numbers to a sufficient level to deliver on this manifesto commitment. Teaching unions have also hit out at councils over attempts to exert control over how the newly-available preparation time would be spent.
An overwhelming majority of teachers taking part in the ballot backed industrial action, with 86 percent supporting strikes that would almost certainly lead to widespread school closures. A total of 93% of respondents supported action short of strike, such as a work to rule.
However, the overall turnout of 47% falls short of legal requirements which demand that at least half of eligible voters take part for a ballot to be valid. These rules were introduced by the previous Conservative government in 2016 and, although they are due to be repealed by the current Labour government, remain in place at this time.
In response to the result, the union’s executive committee has now confirmed that members will be re-balloted in the hope that a fresh vote achieves the required turnout to allow industrial action to commence.
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EIS General Secretary Andrea Bradley said: “It is disappointing that, despite very strong Yes votes for industrial action, our ballot has fallen victim to a highly restrictive element of trade union legislation that is soon to be repealed. The ballot thresholds in that Tory-era piece of legislation are some of the most restrictive in the world, and were designed to create a barrier to legitimate industrial action.
“While the current UK government has passed a new Employment Rights Act which will remove many of the more restrictive elements of trade union law, the excessively strict thresholds that are a lingering legacy of the previous UK government currently remain in place. The sooner the current government moves ahead with formalising their removal, the better. All workers across the country will welcome that change.
“A special meeting of EIS Executive was held yesterday evening to receive the ballot result, and to consider the next steps in the campaign to reduce excessive teacher workload. There was a very strong message from that meeting that the EIS must continue to press ahead with its campaign to secure promised actions to tackle excessive workload.
“The Scottish Government and COSLA made promises to Scotland’s teachers and pupils that action would be taken to employ additional teachers, reduce teachers’ class contact time, cut teacher workload and create a better working environment for teachers and pupils alike. We cannot let the politicians off the hook on their promises, and we cannot take our collective foot off the gas in our workload campaign.”
“The message to Scotland’s teachers today is clear. We know that your workload remains excessive, and we must continue to stand together and work collectively to ensure that it is reduced. The pressure created by the threat of industrial action focuses the minds of politicians, and presses them to take action to deliver on their promises. In the Scottish Budget earlier this week, the Finance Secretary made specific reference to additional money going to local authorities to enable the class contact time promise to be met – it is no coincidence that this announcement came in the midst of a ballot for industrial action by teachers.
“We must keep the pressure on, and we must ask our members to vote again on industrial action, and in even greater numbers, to ensure that we can hold the politicians to account and continue to demand that, at last, they deliver on their own promises to Scottish education, its pupils and its teachers.”
A spokesperson for COSLA, which represents Scotland's local authorities, said:
"COSLA notes the outcome of the EIS ballot for industrial action about reducing the weekly time teachers spend delivering lessons in which the necessary threshold for action was not reached. With Scottish Government, COSLA continue to engage with the unions on the subject.
“We are disappointed that the EIS will be seeking to re-ballot their members. Industrial action is in nobody’s interests, and we urge unions to work with COSLA and Scottish Government rather that threaten to disrupt education at this crucial time of year.
"We recognise that supporting teachers is essential. However, this needs to be facilitated in a way that ensures a positive impact on outcomes for children and young people.
"COSLA remains committed to constructive engagement with the Scottish Government and teaching unions through the Scottish Negotiating Committee for Teachers (SNCT) on the implementation of the Ministerial commitment to reduce class contact time.
"Concerns about the financial and practical implications of this policy remain. RCCT cannot be delivered without full funding and a clear understanding of its impact on children and young people."
Education Secretary Jenny Gilruth said: “It is reassuring that like us, EIS members see discussions rather than industrial action as the best way of reaching agreement on reducing class contact time. I hope members of the other teaching unions will do likewise.
“Regardless of the outcome of these ballots, we hope these discussions will continue to reach an agreed position on how to free up teacher time so we can focus on reducing workload and improving educational outcomes for children. People getting round the table is the way to resolve matters and reach a common agreement.”
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