Minimum service levels are set to be introduced in schools and colleges during strike action – but it will be based on voluntary agreement with trade unions.
The government has announced the measures following 10 days of strike action this year that forced some schools to close and resulted in 25 million lost days.
However, the proposals will only be put into action if unions agree.
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If a voluntary agreement cannot be reached, the government says it will use powers introduced under Liz Truss to bring about a consultation before any minimum service levels are implemented.
The laws will require a proportion of union members to continue working to retain a “minimum level” of service and strikes could be deemed illegal if unions refuse to provide this.
Education Secretary Gillian Keegan has written to union leaders inviting them to discuss the plans on a voluntary basis.
“Last year’s school strikes were some of the most disruptive on record for children, and their parents,” she said.
“We cannot afford a repeat of that disruption – particularly as schools and teachers continue to work so hard to help children recover from the pandemic.
“I am asking the teaching unions to engage with us and agree to put children and young people’s education first – and above and beyond any dispute.”
The plans to introduce minimum service levels in schools and colleges follows a similar announcement for universities, where students have also been affected by the ongoing dispute over pay and working conditions.
Teaching unions immediately poured cold water on the plans.
Patrick Roach, general secretary of the NASUWT, said Ms Keegan’s announcement was a “blatant attempt to distract from the crisis engulfing our schools and colleges on this government’s watch”.
He said: “At a time of a worsening teacher recruitment and retention crisis, when school buildings are collapsing and riddled with asbestos, and when pupils with special education needs are unable to access the specialist support they need, the government is continuing to fail our children and young people.
“Today’s announcement comes just hours after the government suffered some of its worst ever by-election results.”
Daniel Kebede, general secretary of the National Education Union, said it “strongly opposes” the introduction of minimum service levels (MSLs).
He added: “We do not acknowledge the validity of MSLs given their impact on the fundamental right to strike, therefore we do not believe this is an appropriate topic for the government or Department for Education to regulate.”
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Earlier this year, the government announced it was bringing forward new strike laws to “maintain a basic function and deliver minimum safety levels” in the public sector during industrial action.
The government said it would “always protect the ability to strike”, but added: “It must be balanced with the public’s right to life and livelihoods.”
It follows a series of strikes across the public sector, including in schools, the NHS and on the railways.
The government settled its dispute with teachers in July after every major teaching union accepted an offer of a 6.5% pay rise to end the strikes.
Minimum service levels are one of the few surviving emblems of the Truss era and have been opposed by trade unions and the Labour Party, which sees them as an attack on the right to strike.
Ms Truss published the plans last October, shortly before she resigned following the backlash to her mini-budget.
