The House of Lords last night (26 April) voted in support of amendments to the Strikes (Minimum Service Levels) Bill, aimed at protecting workers from being dismissed for taking part in strike action.
At its third reading in the Lords, peers voted in support of four amendments to the bill. Firstly that the government should be asked to submit to scrutiny by MPs, peers and experts over its powers to specify minimum services.
Secondly, the Bill was altered so that if an employee fails to comply with a “work notice” (a written order given to a trade union by an employer citing minimum service levels during strike periods) that this would not be considered a breach of contract nor grounds for dismissal.
The third amendment removed a section of the bill enabling employers to seek damages against a trade union which fails to take reasonable steps to ensure employees comply with work notices, and the fourth alteration limited the Bill’s measures to England. Wales and Scotland should not be subject to it, the peers agreed.
Under the government’s proposals, ministers would gain the power to set minimum service levels for fire, ambulance and rail services. Health and transport services, as well as sectors including education, border security and nuclear decommissioning, would also be required to operate a minimum service.
The measures, also referred to as the “Anti-strike Bill” were described as deeply flawed by the Joint Committee on Human Rights last month, which said it needed to be reconsidered as it conflicted with Article 11 of the European Convention on Human Rights, which guarantees “freedom of association”; this covers strikes.
Baroness Frances O’Grady, a co-sponsor of an amendment, said the bill was an attack on nursing, a profession in which women and minority ethnic people were disproportionately represented.
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RCN director for England Patricia Marquis said: “Curtailing the freedom of nursing staff to take part in lawful industrial action is undemocratic and an attack on their human rights. This bill is a distraction from the real issues of severe workforce shortages, patient safety and decades of underinvestment across health and social care. We’ll continue to strongly oppose it as it passes through parliament.”
TUC general secretary Paul Nowak said peers had “done the right thing and voted to stop nurses, teachers, firefighters and other public sector workers getting sacked for exercising their right to strike.” He added: “No one should be sacked for trying to win a better deal at work.”
He urged the government to rethink its legislation and protect the right to strike.
Labour lord Ray Collins said: “Whatever your views about the state of industrial relations in this country, we should all agree that a rushed process which puts power over making laws in the hands of ministers without proper parliamentary scrutiny and oversight is simply not right.
“What this amendment seeks to do is not prolong, not delay, not frustrate, but to ensure parliament has proper oversight and that there is proper consultation with all those involved.”
Julia Kermode, founder of independent workers’ body IWORK, said: “You have to ask how this bill was allowed to get this far. Instead of focusing on solving the root cause of these strikes, the government wanted to shut workers up.”
The Bill will now go back to the Commons for consideration of amendments.
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