Department for Education announces minimum service levels in schools and colleges during periods of strike action

On Friday 20th October the Department for Education announced new measures to protect children’s learning from strike action proposing to introduce Minimum service levels in schools and colleges.

The Education Secretary, Gillian Keegan, has written to union leaders inviting them to discuss proposals on a voluntary basis in the first instance. Should a voluntary agreement not be reached the government is committed to using powers granted through the Strikes (Minimum Service Levels) Act that was introduced earlier this year.

What is The Strikes (Minimum Service Levels) Act?
The Strikes (Minimum Service Levels) Act is a legislative measure introduced by the government in July 2023 to address the issue of disruption caused by strikes in essential public services.

The Act aims to:

• strike a balance between the rights of workers to strike and the rights of the public to receive essential services, which they pay for and expect to be available even during periods of strike action.
• mandates the implementation of minimum service levels (MSLs) during periods of strike action. This means that even when employees are on strike, there will be a minimum level of service that continues to operate in specified services

The government has been actively working to implement minimum service levels in various sectors, including passenger rail services, ambulance services, and fire and rescue services. Public consultations have been conducted to gather feedback on the reasonable steps unions must take to comply with work notices issued by employers under the minimum service levels legislation – at present the consultation data is being analysed.

The announcement by the Department for Education follows the disruption during industrial action last academic year, which resulted in over 10 days of action in schools, leading to 25 million school days that were lost cumulatively. This move aligns education with other essential public services such as healthcare and transport, where similar measures have been introduced.

If union leaders decide not to discuss proposals on a voluntary basis and the Act is enforced, a consultation process will be initiated. During this consultation, parents, teachers, and other stakeholders will have the opportunity to provide their views on the proposed models for minimum service levels in education.

The announcement has been met with strong opposition from teaching unions. Union leaders have expressed their anger and have criticised the Act as an attack on teachers' rights and basic democratic freedoms arguing that such legislation undermines the fundamental right to strike.