On 28th November the Department for Education (DfE) published a consultation seeking views on introducing regulations to implement minimum service levels in education services during strike action.
As we reported in our article of 23rd October the Government brought forward legislation - the Strikes (Minimum Service Levels) Act 2023 to enable minimum service levels to be applied within key sectors in the event of strike action.
Minimum service levels aim to limit the impact of strikes on the lives and livelihoods of the public.
The DfE is seeking to find a balance between:
- the ability of unions and their members to strike and
- the need for the public to access key services during strikes
The proposals included in the consultation are summarised below:
Pupil cohorts to remain in school
The Department for Education (DfE) has set out two proposals for certain cohorts to continue receiving education in schools during strikes as part of its minimum service level plan.
- Option one: Allows "vulnerable children and young people," those taking public exams, and children of critical workers to continue receiving education during strikes.
- Option two: A "hybrid approach," with all primary pupils and priority cohorts in secondary and further education settings continuing their education.
Determination of Staffing Levels
It is proposed that headteachers determine appropriate staffing levels to deliver a minimum service level during strikes as they are ‘best placed to understand the needs of their staff, children and young people’.
Enforcement of Minimum Service Levels
It is proposed that service levels would be enforced by the delivery of “work notices” to employees, and the DfE has said it would be at the “discretion of individual employers” whether or not to issue work notices rather than the government setting any specific ratios of percentages of staff to be in school on a strike day.
Operation of ‘Work Notices’
Work notices would be delivered a minimum of seven days before the strike day, “but can be varied by the employer up to four days before”.
The DfE expects those named in a work notice could include the following:
- Headteachers or principals
- Teachers and lecturers, including special educational needs and disabilities coordinators
- Teaching assistants
- Teaching and learning support staff
- Designated safeguarding leads
- Administration staff
- Other non-teaching staff important to the running of the setting, such as caretakers, technicians, cleaners and kitchen staff.
Usage of Rotas
The DfE also suggests using rotas for extended strike periods (five consecutive school days or more), to ensure that all children and young people receive some face-to-face and on-site education. The use of rotas would be in addition to the provision for the priority cohorts in proposal one, and all those covered by Option two.
Implementation
The DfE plans to implement changes from the next academic year, subject to parliamentary approval.
The NEU has described the proposals as 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’.
The Confederation of School Trusts (CST) has stated they are ‘worried about whether the proposal would be implementable for a number of reasons on which we will now seek advice’.
The consultation period ends on January 30 2024. To respond click here.
HR Customers can find additional resources to manage industrial action here.
