Page 6 of 9
There is no legal requirement to teach the curriculum on strike days.
Maintained schools simply have to deliver the curriculum during the course of the year. Maintained schools and non-maintained special schools are required to meet for 380 half-day sessions per year (378 this year due to the Diamond Jubilee) but there is no statutory definition of ‘meet’ and no requirement to teach the curriculum on each day of the school year.
There is no legal requirement on academies to teach the national curriculum.
Whether teachers are on strike should have no bearing on a school’s insurance policy. From a liability insurance point of view, if a maintained school is found to be legally liable for injury or damage, their policy will respond, subject to any specific exclusion. There is no exclusion in respect of staff members being on strike.
Academy Trusts will need to confirm their position in relation to cover under their insurance policies with their insurers. It is unlikely, however, that a strike by members of staff will mean that cover is excluded.
If a school is forced to partially close where there is industrial action, sessions for those pupils unable to attend should be marked in the register using the Y code, which will mean it is not counted as a possible attendance.
Page 6 of 9