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Minimum service levelsLatest NewsIndustrial action / strikesCommutingTrade unions

LNER’s minimum service levels add a week of strikes

by Rob Moss 18 Jan 2024
by Rob Moss 18 Jan 2024 Bradley Caslin / Shutterstock
Bradley Caslin / Shutterstock

London North Eastern Railway (LNER) faces five additional days of strikes after becoming the only rail operator so far to show signs that it would impose minimum service levels during a 24-hour walkout next month. 

The Aslef union notified the government-owned company, which runs trains between London and Scotland, that its drivers would strike for an additional week from 5-9 February. In announcing the further strike, it made no reference to LNER’s intention to issue work notices to staff such that around 40% of services would run.

Aslef strike dates 2024

Only four of the 16 train operating companies that face walkouts between 30 January and 5 February have approached Aslef to discuss minimum service levels.

Southeastern, which like LNER is an “operator of last resort” run by the Department for Transport, also approached Aslef to discuss minimum service levels but has since “gone cold” according to The Times.

Sources told the newspaper that union bosses were “surprised” at how few operators had contacted them about using the new law.

On Monday, after Aslef announced rolling strikes for one week beginning 30 January, Personnel Today asked the train operating companies whether they would use measures in the Strikes (Minimum Service Levels) Act 2023. Most referred our enquiry to the Rail Delivery Group, which represents them in joint negotiations with the rail unions.

A Rail Delivery Group spokesperson said: “Train companies are working through plans to manage the unnecessary disruption to our passengers caused by this damaging industrial action – minimum service levels are one potential tool for that but they are not a silver bullet.”

Trade unions, the Labour Party and the International Labour Organisation have said that the “anti-strikes” law would make industrial relations worse. The TUC has described the regulations as both unworkable and probably illegal.

Mick Whelan, Aslef general secretary, said: “We have given LNER management — and their government counterparts who hold the purse strings — every opportunity to come to the table and they have so far made no realistic offer to our members.

Minimum service levels

Minimum service levels – rail sector

“We have not heard from the transport secretary since December 2022, or from the train operating companies since April 2023. It’s time for them to come to the table and work with us to resolve this dispute so we can all move forward and get our railway back on track.”

A LNER spokesman said: “Nobody wins when strikes impact customers and livelihoods. Instead of staging more damaging industrial action, we urge the Aslef leadership to work with industry negotiators to resolve the dispute. We remain focused on running reliable services for our customers.”

Employers in affected sectors are able to issue a work notice to specify which employees will be required to work during strike action, to ensure that the minimum service level set for their sector can be met.

In November,  the government published a draft code of practice for trade unions, setting out what they should do if an employer issues a work notice.

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Rob Moss

Rob Moss is a business journalist with more than 25 years' experience. He has been editor of Personnel Today since 2010. He joined the publication in 2006 as online editor of the award-winning website. Rob specialises in labour market economics, gender diversity and family-friendly working. He has hosted hundreds of webinar and podcasts. Before writing about HR and employment he ran news and feature desks on publications serving the global optical and eyewear market, the UK electrical industry, and energy markets in Asia and the Middle East.

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