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Minimum service levelsEmployee relationsLatest NewsIndustrial action / strikesTrade unions

Government will ‘ignore’ minimum service levels rules

by Jo Faragher 5 Aug 2024
by Jo Faragher 5 Aug 2024 Business secretary Jonathan Reynolds is said to have sent a memo urging departments not to use the controversial measure
Martin Suker / Shutterstock.com
Business secretary Jonathan Reynolds is said to have sent a memo urging departments not to use the controversial measure
Martin Suker / Shutterstock.com

The government will order departments to ignore controversial minimum services levels legislation as part of its drive to roll back anti trade union laws.

According to a report in The Observer, ministers will be told to disregard the Strikes (Minimum Service Levels) Act 2023, which requires employers in a number of sectors to force workers to attend work during a strike to keep up service levels.

The legislation was passed last year by the Conservative government after a wave of industrial action that led to days of train strikes, walk-outs by teachers and doctors, and action at border security points.

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At the time, trade unions described the legislation as draconian and dictatorial, and in May the Public and Commercial Services Union was given the go ahead to pursue a judicial review on the basis the legislation could be considered a breach of Article 11 of the European Convention on Human Rights – the right to form trade unions and take strike action.

In the King’s Speech last month, the government said it would formally repeal anti trade union legislation later this year, but this measure will be regarded as a first step.

According to an internal memo seen by the Observer from business secretary Jonathan Reynolds and deputy prime minister Angela Rayner, the minimum service levels rules should not be used. Rayner has previously described the rules as serving “only in poisoning industrial relations”.

It said volumes that not one employer was daft enough to use the Tories vindictive and unworkable anti-strikes legislation.

Great to see Labour delivering its commitment to scrap the MSL’s legislation and proud of the campaign our unions run that has helped secure its repeal. https://t.co/jegkEnyGPS

— Paul Nowak (@nowak_paul) August 3, 2024

Labour’s New Deal for Working People aims to rebuild business relationships with trade unions and the new government has already brokered a number of pay settlements in a bid to avert further strikes.

Last week (2 August), the TUC issued a report on worker protections in the UK compared to the rest of the Organisation for Economic Cooperation and Development (OECD). This concluded that UK labour laws have become “significantly less protective” of workers’ rights between 1970 and 2022.

On X, general secretary Paul Nowak said of the plans to ignore and ultimately repeal anti-strike legislation: “It said volumes that not one employer was daft enough to use the Tories’ vindictive and unworkable anti-strikes legislation.

“Great to see Labour delivering its commitment to scrap the MSLs legislation and proud of the campaign our unions run that has helped secure its repeal.”

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Jo Faragher

Jo Faragher has been an employment and business journalist for 20 years. She regularly contributes to Personnel Today and writes features for a number of national business and membership magazines. Jo is also the author of 'Good Work, Great Technology', published in 2022 by Clink Street Publishing, charting the relationship between effective workplace technology and productive and happy employees. She won the Willis Towers Watson HR journalist of the year award in 2015 and has been highly commended twice.

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