On Wednesday it was announced that the National Association of Head teachers may join the strike, and with members of the Public and Commercial Services Union (PCS) also voting for strike action on the same day, over 750,000 workers could be participating in what will be the largest coordinated action of its kind for many years. And it isn't just schools - courts, ports and job centres will all be affected by the strikes.
Given the likelihood of school closures it is strongly recommended employers in both the private and public sectors undertake a risk assessment at the earliest opportunity to ascertain the likely impact a strike by teachers will have both on their workforce and business as parents seek time off for childcare purposes.
A good starting point is to find out how many local schools are likely to face closure and to consult the workforce to determine the best measures to be taken that will benefit all. Sensible and proactive communication is best to alleviate worker concerns and identify areas of the business most likely to be affected.
It is recognised that not all employers will face disruption and it may be easier for some to accommodate requests for the taking of holiday, flexitime and/ or unpaid leave than it will be for others. Employers may have the ability to be flexible around working patterns and allow workers to make up time that is to be lost or to enable staff to work from home.
It is essential that employers consider the impact of staff absence and the effect it may have on the performance of key tasks and activities, ensuring adequate measures are in place. This can be of key importance to 'just in time' suppliers to whom penalty clauses may apply should contractual obligations not be fulfilled. Often relatively simple tasks such as office cleaning can cause angst and upset if missed. If there is likely to be any disruption workers, customers and suppliers should be forewarned at the earliest opportunity.
Employment legislation affords protection for domestic 'emergencies'. This enables employees who are carers to take unpaid time off work and not to be subjected to a detriment for doing so. The legislation covers unforeseen circumstances and the employee will be expected to make alternative childcare arrangements given that prior warning of the school closure will be given. However, it would appear harsh to discipline any employee should it not prove possible to achieve alternative childcare.
Employers who are unable to accommodate the non-attendance of workers may wish to consider the provision of childcare facilities such as the establishment of a crèche onsite or to liaise with local childcare agencies to discover what services they may offer. For employers on trading estates the pooling of resources may achieve greater value for money.
Consideration may also need to be given to the usage of agency and temp workers to cover anticipated attendance shortfalls - however it is to be remembered that it is unlawful for agency to be used to cover the work of striking employees. If many organisations are affected in areas of low labour supply, available workers could quickly be snapped up and thought may need to be given to shipping in outside labour.
Employers may also wish to review their sickness absence policies and procedures should non attendees seek to disguise the true reason for their absence and take advantage of systems in operation.
Given that the largest public sector union UNISON, which represents 1.3 million workers, has yet to ballot its members and the government stance on public sector pensions, it is inevitable that we face a challenging year of employment relations and industrial action.
Contingency planning is highly recommended to place a business in the best possible position to navigate through the uncertain times ahead.
Andrew Forrest, associate in the employment team at law firm Weightmans
