Unions have welcomed the Labour government’s plans to press ahead with axing “vindictive” minimum service level (MSL) legislation which they feared would “attack” strike freedoms.
Deputy prime minister Angela Rayner and business secretary Jonathan Reynolds have written to government departments with sectors worst hit by industrial action, including education, to “give a clear message” they intend to repeal MSL.
They have vowed to scrap the Strikes (Minimum Service Levels) Act 2023 through the Employment Rights Bill, which is set to be introduced within the administration’s first 100 days.
Paul Whiteman, general secretary of school leaders’ union NAHT, said: “We welcome the new government’s move to scrap these proposals, which were a vindictive ideologic attack on a basic democratic freedom.
“The ability to freely express an opinion or campaign for change and, to take industrial action when those grievances fall on deaf ears, is a fundamental right in the workplace.”
He stated that the “legislation would have effectively removed the right to strike from most school staff – and especially head teachers given that most schools only have one such role”.
The law was rolled out by the previous government in 2023 following widespread industrial action, in a bid to ensure minimum service levels during strikes. Labour opposed the move.
Last year, the Conservative government consulted on proposals for new minimum service level laws in schools when staff are on strike.
Then education secretary Gillian Keegan claimed this would “help us protect children and young people’s education whilst balancing an individual’s right to strike”.
Labour pledge to ‘reset industrial relations’
Under the plans, which were not implemented, ministers would have set the expected MSL, leaving it up to schools to work out the required staff needed to meet the requirement.
England’s largest academy trust, United Learning, was among those to condemn the proposals. In February, it vowed not to issue work orders to striking staff if the “inflammatory” and “self-defeating” strike laws were implemented in schools.
Whiteman added the new government’s pledge to “reset industrial relations so they are based on good faith negotiations with trade unions”, is of equal importance to repealing MSL legislation.
“We look forward to working with ministers to tackle the serious challenges facing our schools, from recruitment and retention, to workload, support for pupils with special educational needs and the really poor state of many buildings.”
No employer has used minimum service levels, and they have not resolved any strikes, the government said.
