The Department for Education has launched a consultation outlining how it will implement minimum service levels in schools and colleges during strike action.
The consultation, which runs until 30 January 2024, proposes that minimum service levels would apply in all state-funded educational settings, including schools maintained by local authorities, academies and sixth-form colleges, during strikes organised by trade unions. It would not apply in early years settings, independent schools, post-16 specialist institutions and wraparound childcare providers.
It makes suggestions about who might be named in a work notice, including headteachers, teachers and lecturers, teaching assistants, teaching and learning support staff, safeguarding leads, administration staff and other non-teaching staff important to the usual daily running of a school including caretakers, technicians, cleaners and kitchen staff.
Minimum service levels (MSLs) in education would be particularly aimed at protecting students taking formal exams and assessments, including year 6 pupils undertaking key stage 2 assessments, as well as students taking GCSEs, A-levels and vocational and technical qualifications such as T Levels.
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Current government guidance recommends that children of critical workers are prioritised for school attendance, and the consultation proposes redefining this list to include children of workers in health services, fire and rescue services, transport, border security and the decommissioning of nuclear installations, as well as those not legally allowed to strike such as police officers, prisons officers and members of the armed forces.
The Strikes (Minimum Service Levels) Act gained Royal Assent in July, despite significant opposition from trade unions. Minimum service levels have already been set for rail, ambulance and border security organisations and are due to be implemented before Christmas.
The government recently published guidance around the issuing of work notices and a draft code of practice for trade unions.
Education secretary Gillian Keegan said: “Last year’s school strikes were some of the most disruptive on record for children and parents with 25 million cumulative days lost, alongside the strike action that badly affected students in colleges and universities.
“We cannot afford a repeat of that disruption – particularly as young people continue to catch up from the pandemic.
“Whilst I know many schools and colleges worked really hard to keep children and young people in face-to-face education during strikes, we must make sure that approach is applied in every school, in every area of the country.”
Unions had hoped to come to a voluntary agreement over minimum service levels with the government, but the publication of the consultation appeared to suggest that an agreement had not been reached.
Paul Whiteman, general secretary of school leaders’ union NAHT, said the government had “collapsed negotiations by briefing the media first and without ever coming back to the table”.
He said: “We now have proof that the government have never been serious about getting the buy-in of the profession – this has always been a hostile act and an attack on the basic democratic freedoms of school leaders and teachers that they are determined to force through.
The government continues to ignore the fact that it is impossible to secure minimum service entitlements for pupils in an education system so neglected and underfunded.” – Dr Patrick Roach, NASUWT
“Teachers and school leaders are dedicated professionals who care deeply about the pupils in their care. It has been shown in recent disputes that school staff remain professional and make careful decisions around the timing of industrial action so that the impact is focused primarily on the government and minimised for pupils. In reality, the profession already observes its own voluntary minimum service levels – as we have seen ambulance drivers, nurses and doctors do too.
“This is a purely ideological fight from the government, aimed at removing workers’ fundamental rights.”
Dr Patrick Roach, the general secretary of the teachers union NASUWT, said the government was “demonstrating its contempt for teachers, at a time when they should be listening to the concerns of the profession and facing up to the crisis in recruitment and retention they have created”.
He said: “Unions are united in condemning the proposed introduction of politically motivated MSLs in education. The government continues to ignore the fact that it is impossible to secure minimum service entitlements for pupils in an education system so neglected and underfunded, instead opting to aggressively quash criticism with this inflammatory policy.
“Ministers have put forward no compelling justification for MSLs in schools and colleges. Rather than continue discussions on scope for reaching a voluntary agreement with unions, the government has pulled the rug. We have always been willing to work with the government, but ministers in the DfE must come to the table willing to engage and with the authority to reach agreement.”
Daniel Kebede, general secretary of the National Education Union, said: “The attempt at dialogue was never meaningful. It was disingenuous and cynical. The end of talks was briefed out to the press by Number 10 before the talks ended. Sunak always intended to implement this draconian legislation without consent or mandate.
“The proposed MSLs are an affront to those who democratically and legally vote for strike action, forcing a large proportion to go into work on strike days. This is a fundamental attack on the democratic freedoms and rights of school staff. It also demonstrates the government’s incredible lack of understanding of the provision that schools already ensure is in place for students on strike days.”
Geoff Barton, general secretary of the Association of School and College Leaders, said: “We are concerned that this legislation will be used by the government to impose a miserly pay award next year which will further erode the real value of teacher pay and worsen a recruitment and retention crisis which is causing huge damage.
“Last week’s autumn statement favoured tax cuts over investment in public services and the result of this decision for the education sector is that it will make any meaningful pay award unaffordable for schools and colleges next year without further cuts to provision.”
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