We wanted to make a little extra note, pointing out an important clarification, especially for those who will support and participate in NEU’s call tomorrow.
The veracity of the NASUWT communication hangs on interpretation of Part V of the TULRCA, 1992, including sections 20, 21, and 237.
Although there is a hazy boundary between individual rights and industrial action, the full circumstances of the current situation:
Higher cases than the first national lockdown, an R rate above 1, and outdated school RAs. As well as tacit support for staff exercising statutory rights from management unions such as the NAHT and ASCL, means that the NEUs provision of advice and the template letter are not an inducement to unofficial action, but an expression of their rights under Articles 10 and 11 of the Human Rights Act, 1998.
Slavish adherence to prohibitions under Article V of the TULRCA in this situation would be a disproportionate interference in the Union’s fundamental right to self-expression and defense of its members.
By focusing on dangers to itself as a body, a Union neglects its first duty to defend its members. There is a risk to the Union, but that is outweighed by the risk to members and the communities they serve if the union does not confront this intransigent government.
Solidarity Fellow workers
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