The government’s proposed minimum service levels for schools are ‘draconian, unnecessary, and an attack on devolution’, school leaders’ union NAHT Cymru says.

In its response to the government consultation, which closes today, NAHT Cymru says the legislation cuts across devolved powers by the Welsh Government and would effectively remove the right to strike from most school staff – and especially head teachers given that most schools only have one such role.

The new laws would make it legal to sack striking education workers who have been issued with ‘work notices’ and will allow hefty fines to be imposed on unions.

NAHT Cymru says the proposals fail to recognise legislation in Wales, such as the Well-being of Future Generations (Wales) Act 2015; the Trade Union (Wales) Act 2017 and Social Partnership and Public Procurement (Wales) Act 2023 - all of which look to strengthen workers and employers’ rights and promote working together to resolve disputes where possible.

Far from ensuring a ‘minimum’ service, the union says requiring all vulnerable, critical worker and exam groups to be in school would mean a majority of pupils attending and all schools being required to open on strike days.

NAHT Cymru National Secretary Laura Doel has condemned the legislation, saying: “The proposals by the UK government aim to undermine the principles of social partnership and are a direct attack on the devolution settlement.

“The Department for Education (DfE) has no idea of the systems in place that manage and maintain Welsh schools and the UK Government has no right to involve itself in matters that do not concern it.

“School leaders across Wales face significant challenges, particularly when it comes to pay, workload and funding and we are currently working with the Welsh Government to address those issues.

“Having said that, we will not hesitate to take further industrial action if it is the will of our members and we will do everything in our power to protect those rights.”

NAHT Cymru says there was no clear evidence of detriment to pupils during last year’s industrial action by education unions, which included a strike by teachers - but that cuts to education and chronic underfunding have far-reaching implications for the delivery of education. 

Referring to last year’s action in Wales, during which NAHT Cymru took action short of strike, the response continues: ‘Teachers, school leaders and support staff have taken part in industrial action to defend their pay and working conditions, to prevent a worsening of the staffing shortage and to restore the quality of our education services. The introduction of minimum levels of service will not resolve these issues, but they will impact workers ability to do something about them.’

In its response, NAHT Cymru also highlights the principle that union members need the freedom to withdraw their labour if their workplace is for any reason considered unsafe.

It points out that the proposals do not allow workplace notices requiring staff to work to be appealed or for any independent oversight of disputes that arise. There is no provision for meaningful consultation with unions and no obligation to consult individuals identified in a work notice as being required to work during a strike and is completely lacking in reference to the devolved governments at all.

NAHT Cymru has welcomed education minister Jeremey Miles’ response to the legislation, after he wrote to the DfE stating the Welsh Government will continue to work with employers and unions under social partnership to resolve disputes.

Paul Whiteman, NAHT’s general secretary, said: “The government’s proposals are a hostile attack on the basic democratic right of workers to withdraw their labour.

“Strike action will always be a last resort for dedicated education professionals. Sadly, however, it is sometimes the only way to engage tin-eared governments and employers in serious talks about issues which may not only affect their working conditions, safety and livelihoods - but also their ability to offer the education all children deserve.

“These proposals will not help to prevent industrial disputes but will make it even harder to resolve them and for dedicated school staff to act when they fear education is being devalued. If that happens, ultimately it is children who will suffer.”

NAHT Cymru is calling for the UK government to retract the proposals and enter meaningful negotiations with education unions after it abandoned talks last year.

It urges ministers to ‘learn from other nations and create a culture of social dialogue and balanced cooperation through the introduction of sector-wide collective bargaining, together with the clear legal recognition of a positive right to strike.’

The union says the proposals are ‘highly likely to fall foul of equality law’, arguing that school leaders who are more likely to be required to work are often older. It points out that a majority of the workforce are female, and that the approach taken was ‘effectively discriminating against’ staff at schools with a higher proportion of pupils with additional learning needs (ALN), vulnerable and critical worker children.

NAHT Cymru adds the legislation would ‘make the UK an outlier among comparable nations’, undermining a host of international human rights and labour law commitments. These include the United Nations’ 1948 Universal Declaration of Human Rights, the European Convention on Human Rights, European Social Charter and commitments through the International Labour Organisation.