Schools will not be subject to new 鈥渕inimum safety level鈥 staffing requirements during strikes but could face them in the future under plans for new legislation set out by the government. However, Schools Week has learned that the Department for Education is currently re-drafting non-statutory guidance on how schools should handle strikes ahead of walkouts that could happen as early as the end of the month. in the 鈥渃oming weeks鈥 that will give them the power to 鈥渆nsure that vital public services will have to maintain a basic function and deliver minimum safety levels during industrial action鈥. The government plans to consult on and set 鈥渕inimum safety levels鈥 for fire, ambulance and rail services. Confusion over 鈥榲oluntary agreement鈥 clause But ministers say they expect to reach 鈥渧oluntary agreements鈥 with other sectors including education 鈥 though they are yet to provide details on what this means in practice. The government has said it will reserve the right to create minimum requirements for school strikes in the future if voluntary agreements do not come to pass, prompting accusations of 鈥渁nti-union sabre-rattling鈥. Schools Week was told that this does not mean employers or unions coming up with their own minimum safety levels, but no further official details have been released. Unions would be 鈥渂ound to follow this legislation鈥, with those that fail risking injunctions from employers to prevent strikes, or employers 鈥渟eeking damages afterwards if they do not comply with their obligations鈥. Media coverage based on private briefings by the government has also suggested that workers could be sacked for going on strike in violation of the new law, but there is no mention of such a penalty in the government鈥檚 announcement. Heads and trust leaders this week questioned the rationale behind the proposals, and how a 鈥渕inimum safety level鈥 for education could even be calculated. Plans are 鈥榥onsensical鈥, say heads Jon Chaloner, CEO of GLF Schools, said: 鈥淏y the time a focus group has been appointed, convened and worked on the content of a 鈥榤inimum service level鈥 and published it, I would hope that the threat of strike action will have receded.鈥 David Boyle David Boyle, chief executive of the Dunraven Educational Trust, asked: 鈥淐an we expect 鈥榤inimum service levels鈥 from the government too? Perhaps starting with a commitment to create and sustain a well-respected and properly funded public service?鈥 Andrew O鈥橬eill, headteacher at All Saints Catholic College in west London, said he 鈥渨ould be surprised to see a situation where headteachers threaten to sack staff who are on strike given the current climate and the fact that both schools and school teachers鈥 pay has not been a real priority for the last 10 years.鈥 Sammy Wright, vice principal at Southmoore Academy in Sunderland and a former social mobility commissioner, said schools 鈥渃annot afford to have a loss of staff鈥. He added: 鈥淚t’s nonsensical. I cannot see how the minimum level of service would work. If you mean something where all kids are in school, then you need to have full staffing.鈥 Ballots for strike action by the National Education Union, NASUWT teaching union and NAHT school leaders鈥 union all close next week, with the end of January set as a provisional start date for the NEU鈥檚 action. New strike guidance for school leaders Guidance for schools on strike action has not been updated since 2016, and as a result there are some glaring omissions. For example, the law changed last year allowing employers to use agency workers to replace striking staff, but the guidance still states that this is illegal. The current guidance does offer a useful idea of how the government currently wants leaders to respond to strikes, however. It states that the DfE expects heads to take 鈥渞easonable steps鈥 to keep schools open for 鈥渁s many pupils as possible鈥. It suggests pooling resources across schools, employing extra staff such as exam invigilators and organising 鈥渁lternative activities鈥. If heads themselves walk out, guidance states that those on strike should delegate their duties to another leader. If a whole leadership team walks out, governors or academy trusts can ask another staff member 鈥 鈥渇or example a senior teacher or a retired headteacher employed by the school鈥 鈥 to carry out the head鈥檚 duties. The guidance also does not currently take account of recent developments, such as the Oak National Academy and other online resources, or the Covid-era approach of restricting attendance to vulnerable pupils and the children of keyworkers. It is understood that new guidance for school leaders will be published shortly. Trusts consider Covid-style protocols for vulnerable Academy trusts are already drawing up their own contingency plans, some based on pandemic approaches. Paul Smith, CEO of The White Horse Federation, said that, while his trust 鈥渁bsolutely respects the right of teachers and leaders to strike鈥, it must 鈥渂alance this with our responsibilities to our whole school community, especially to those who are most vulnerable. 鈥淔or this reason, we are looking at introducing Covid-like arrangements so that the most vulnerable students have a safe and warm place they can come to during any industrial action.鈥 Cathie Paine, CEO of REAch2 Academy Trust, said the chain had 鈥渁lready incorporated remote teaching as part of our core offer for children who, for whatever reason, are unable to come into school as this helps ensure continuity with their learning. 鈥淗owever, there are challenges with this for our youngest children, and we acknowledge that any remote solution would depend on support from pupils鈥 families.鈥 Agencies say they won鈥檛 provide strike cover Despite last year鈥檚 law change on the use of agency workers the potential for strike action in the coming weeks does not yet seem to have resulted in an uptick in enquiries to supply agencies. Niall Bradley, chair of the National Supply Teachers Network, said his members had not reported enquiries relating to strike action. 鈥淭here were a number of comments about people never crossing picket lines, which just echoes the poll we did last summer when 95 per cent of respondents said they wouldn’t cover during a strike day.鈥 Marios Georgiou, chair of Step Teachers, said demand was 鈥渟till high but it could simply be a continuation of the large amount of flu/sickness that we have experienced. 鈥淚rrespective of the path taken by the government, as a former teacher and an advocate for better pay and conditions for teachers and school support staff, I would not be prepared to underline these efforts. Similarly, I would also expect our agency staff to show solidarity with their colleagues.鈥 Gavin Beart, divisional managing director for education at Reed, said his organisation would 鈥渘ot provide a direct replacement for someone on official strike action鈥. Minister: 鈥榃e must also protect livelihoods鈥 The High Court recently granted permission for a legal challenge from unions including NASUWT and the NEU against last year’s law change to allow agency staff to break strikes. Labour leader Sir Keir Starmer has already said he would repeal the new minimum safety level proposals if he wins the next election. The Trades Union Congress said the move was 鈥渨rong, unworkable and almost certainly illegal鈥. Paul Whiteman NAHT general secretary Paul Whiteman, said the proposals 鈥渟eem misconceived and destined for failure鈥. ASCL general secretary Geoff Barton said the 鈥渢hreat of imposing minimum service agreements is just anti-union sabre-rattling and hardly conducive to cordial industrial relations鈥. But business secretary Grant Shapps said that as well as protecting the freedom to strike, the government 鈥渕ust also protect life and livelihoods鈥. Ministers have also said that they want to discuss pay evidence, workload and conditions in the public sector with unions ahead of evidence being submitted to the independent pay review bodies. The government claims these conversations will help to ensure evidence is 鈥渁s considered and informed as possible, including reflecting areas of common ground鈥. But they also said that inflation-matching pay rises would make 鈥渢he fight against inflation more challenging鈥 and risk increasing people鈥檚 mortgages.