Teachers’ pay whilst on strike (FOI)

​Request

A

Are teachers paid whilst they on strike? If so is this legal given the no strike agreement in their contracts of employment?

B

Is there a States Employment Board or other policy regarding payments of States employees on strike and was this policy designed by States employees?

Response

A

No employees including teachers are paid by the Government of Jersey whilst they are on strike. If they are a member of a Trade Union, they may get strike pay from their Union.

Only a very limited number of employees have a no strike agreement in their contracts. Teachers do not have a no strike clause in their contract.

B

There is not a specific policy relating to employees on strike. There is a clear position that the employer pays its employees for the work that they do. If they choose not to do the work, the employer is not obliged to pay them for work they have not done. This is a well-established principle in contract law.