The government’s proposed minimum service levels for schools are ‘draconian, unnecessary and unworkable’, school leaders’ union NAHT says.

In its response to the government consultation, which closes tonight, NAHT says the legislation 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 proposals 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.

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 says there was no clear evidence of detriment to pupils during last year’s strike action - but that ‘cuts to education and chronic underfunding by the current government have had a highly damaging and undoubtedly long-lasting impact on pupil education’ – highlighting how a lack of investment in social care and children’s health was a factor in increased pupil absence.

Referring to last year’s industrial action by education unions including NAHT, the response says: ‘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.’

NAHT 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.

NAHT argues the proposals appear to be ‘really designed to prevent staff taking strike action’ and that as education is devolved across Wales and Scotland, a one-size-fits-all approach across Britain will not work. 

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 is calling for the 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 special education need and disabilities (SEND), vulnerable and critical worker children.

NAHT 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.