A special conference has been called to decide how best to go forward in organising support staff. Our overwhelming desire is to work collaboratively with NJC unions in a joint drive to organise the majority of support workers who are not in any union.
The conference will decide between two options:
- To withdraw from the 2017 TUC agreement that prevents us from ‘actively recruiting’; or
- To accept the TUC interpretation of our ability to organise in the sector.
The deadline for districts to add delegates is 12 January, but changes (and additions) can be made until 26 January.
Here are some frequently asked questions that will inform the debate and decision made on February 28th.
NEU and support staff FAQ
In 2003, the Association of Teachers and Lecturers (ATL) opened its membership to support staff, joining Unison, GMB and Unite in having support staff members. An agreement was brokered by the Trades Union Congress (TUC) governing relations between the four unions.
Upon the ATL’s merger with the National Union of Teachers (NUT) to create the National Education Union (NEU) in 2017, this agreement was renewed and is still in effect.
The NEU is a union based on vibrant school and college groups led by active reps, that fight on the workplace issues that members care about. As a result, we have grown to be the third biggest union in the TUC and the largest education union in Europe, with an ever-increasing number of members taking an active role in their union.
Our support staff membership has increased threefold since merger and currently stands at 64,000. We are probably the second biggest union for support staff behind Unison. Almost nine in ten of the support staff who have joined the NEU in recent years were not in any union before.
What is in the 2017 TUC agreement?
The key elements of the agreement are:
- The NEU acknowledges the relevant trade unions to nationally negotiate pay and conditions for support staff are Unison, GMB and Unite.
- A commitment from that the NEU will not seek to become part of this process.
- The NEU also agreed not to ‘actively recruit’ support staff members.
How are national pay and conditions set for support staff?
Currently national pay and conditions are determined by the outcome of negotiations between the Local Government Association (LGA) and the trade unions recognised to negotiate on behalf of local government workers (Unison, GMB and Unite), These are contained in the National Joint Council (NJC) for Local Government Services National Agreement on Pay and Conditions of Service, commonly referred to as the Green Book.
Why are support staff included with local government workers when their working conditions are so different?
These negotiating procedures were created when nearly all support staff were employed by schools run by the local authority (LA), so there was a logic in including them in the same bargaining unit.
Most – though not all – local authorities follow the Green Book, so many support staff who are still employed in an LA school will be covered by the NJC negotiations.
What about support staff who work in academy schools?
Academy schools – which now employ most teachers and support staff – are free to set their own terms and conditions. Some may follow the Green Book in part, or use it as a guide, but fragmentation has created a confusing and inconsistent landscape. It is not uncommon for two people to perform very similar roles in neighbouring schools yet be on significantly different pay and conditions.
Is the NEU represented on NJC?
No. However the TUC has encouraged the NJC unions to consult with the NEU on the formulation of the NJC pay clam and update us on progress, even though we have no formal role in the process.
So why have so many support staff joined the NEU?
Our membership has grown rapidly and is now over 64,000 – three times what it was on merger. Our high-profile campaigns are at the forefront of the education debate. From funding to SEND to child poverty to curriculum, the NEU leads the way in championing the interests of education workers and pupils.
Another factor behind our growth is the priority we place on workplace representation. Many of the key issues of working life are not set by national agreements but within the school itself – often dependent on how strong the union group is. The NEU prioritises building active school groups that can give education workers a powerful voice in their working lives.
The NEU is an assertive union, always prepared to stand up for the interests of members in schools. We have far more reps and local officers in schools than any other union. We are not afraid to act when necessary and do so in the interests of the whole school workforce.
For example, nearly all our local industrial action involves both support staff and teachers united.
As the funding and power of LAs has declined, NJC unions have found it more challenging to recruit and retain members, with particular difficulties in academy schools.
Are most support staff are in a union?
Because of the ways membership is recorded in different unions, it is difficult to give exact numbers, but we estimate that in the region of 300,000 support staff are union members in England and Wales. This is a significant number, but unfortunately it means that most support staff are not members of any union.
NEU support staff membership is growing steadily and currently stands at 64,000 – approximately 7 per cent of the support staff workforce in English and Welsh schools
What is the School Support Staff Negotiating Body (SSSNB)?
SSSNB is a negotiating body just for school support staff, that will take over the negotiations on pay and conditions in 2027. From this date, support staff will no longer be part of the NJC process. This is a welcome development, and credit needs to be given to the recognised NJC unions who have campaigned vigorously for the creation of the body.
There is an expectation that SSSNB will cover support staff in both LA and academy schools, with uniform pay and conditions being established. When this will happen and how it will be funded are unclear at present.
Will the NEU be represented on SSSNB?
Despite having the second biggest number of support staff members, the answer is ‘no’.
Membership of the SSSNB is determined by the Secretary of the State, who has indicated that she does not want to interfere with existing union arrangements, so it will only be the recognised NJC unions representing the workforce.
Realistically we need the approval of the recognised unions to be included in the process. Currently, we do not have this.
A decision to withdraw from the 2017 TUC agreement will not bring us closer to SSSNB membership – it almost certainly makes it less likely.
Why don’t the NJC unions want us to be part of SSSNB?
it is perhaps understandable that our sister unions may see us as interfering with existing arrangements. It is in the interests of all unions to have certainty and agreed areas of activity. Where more than one union is in a sector, it is crucial that unions work in a complementary and collaborative fashion and avoid competing against each other.
Our growing membership in the sector might cause concern that we are recruiting members from other unions. If that were the case that would be a legitimate concern.
NEU is clear that we do not and will never seek to ‘poach’ members from sister unions. Our focus is on organising and recruiting workers who are not in any union. In fact, around nine out of ten support staff who join us have never been in a union before.
Organising the majority of support staff who are not in a union will be a massive task and will have the best chance of success if unions work together collaboratively to ‘organise the unorganised’.
What would active recruitment look like?
If the decision is taken to ‘actively recruit’, we will be able to openly and pro-actively seek to encourage support staff who are not in any union to join the NEU. This can be made explicit on our website, on our application forms and on our literature in a way that is not permissible within the TUC agreement.
We can also openly and publicly campaign for representation on the SSSNB.
If we vote to withdraw from the 2017 agreement, does that mean we are leaving the TUC?
The short answer is no. We have no desire to leave the TUC and feel it is in the best interests of unions to work together. However, this is a decision for the TUC to make.
What is clear is that, if we are not party to the 2017 agreement – or if a revised version acceptable to all cannot be negotiated – then we will almost certainly breach the TUC rules that we voluntarily signed as a condition of TUC membership.
We were fined over £150,000 for an earlier breach of TUC rules, after we balloted our support staff members over pay and funding.
Under these rules, further breaches will result in escalating disciplinary sanctions, such as increasing fines or suspension from the TUC, that can culminate in expulsion.
What will it mean if we are suspended or expelled from the TUC?
We would lose representation on the TUC executive and general council and would no longer have a role in shaping policy through congress, equality structures, youth forums, or regional councils.
NEU has worked with others to give a lead on issues from Palestine, to challenging austerity, to anti-racism. At a time of growing challenges to working people, our ability to influence initiatives such as the Together alliance to combat the far-right would be negatively impacted.
Unity is always a priority in the union movement, but it is hard to think of a more damaging time for division.
In addition, activists would lose access to TUC conferences, equality committees, networks, regional structures, and training opportunities. These losses matter, particularly at a time of rising far-right politics and increased attacks on trade unions.
We would gain greater freedom to organise non-unionised staff and follow the wishes of our conference, without potentially incurring penalties from the TUC.
How will it affect me at work?
Any division in the union movement weakens us all. If unions are directing their energies towards internal differences, it reduces the attention given to taking on the important issues members face.
In several areas, there have been moves by NJC unions to limit the ability of NEU school reps and local officers to represent members. An increasing number of inter-union disputes over trade union recognition and the allocation of facility time are being reported. Unfortunately, these may intensify.
With the growth in authorities hostile to trade unions and a major restructuring of local government happening – both of which may involve detailed renegotiations of trade union rights and recognition – this is the time for maximum unity between unions.
Can there be a re-negotiation of the TUC agreement?
We are engaged in ongoing discussions with NJC unions, facilitated by the TUC, that are exploring all possibilities. There is much goodwill and a strong desire to find an outcome that is acceptable to all, but one has so far not been reached.
In 2025, the TUC brokered a new set of principles to supplement the 2017 agreement, which involved compromise on all sides. The NEU national executive signed up to these principles, along with Unison and Unite. Unfortunately, there are different interpretations of some key areas of the document that have prevented its implementation. All the same, it illustrates that there is a common desire to resolve matters amicably.
Will we save any money?
Leaving the TUC would mean the NEU would no longer pay its affiliation fee of approximately £2.5 million a year. This is a substantial sum of money and could be used to fund an organising drive in the sector.
It should be noted that, if that were taken as a hostile gesture by NJC unions, they may choose to launch their own initiatives in an attempt to counter the NEU. The combined resources of the NJC unions are far greater than ours.