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Minimum service levelsLatest NewsIndustrial action / strikesTrade unions

Extra LNER strike cancelled after minimum service levels ditched

by Rob Moss 22 Jan 2024
by Rob Moss 22 Jan 2024 LNER strike cancelled on 5-9 February but 2 February walkout will go ahead. Photo: Robert Lancaster/Alamy
LNER strike cancelled on 5-9 February but 2 February walkout will go ahead. Photo: Robert Lancaster/Alamy

Aslef has cancelled an additional five-day strike on LNER after the train operator told the train drivers’ union that it would not impose minimum service levels during a 24-hour strike scheduled for next week.

Train strikes are planned at 16 train operating companies from 30 January in the ongoing drivers’ dispute over pay and conditions which began in 2022. Drivers at LNER will still strike as planned on 2 February,

The strikes represent the first opportunity for employers to issue work notices to staff compelling them to work to ensure minimum service levels – 40% of services in the rail industry – are maintained.

Aslef strike dates 2024

When government-owned LNER “showed signs” last week that it intended to impose minimum service levels on 2 February, Aslef scheduled a further five-day strike for the following week (5-9 February).

It is the first indication that the government’s much-criticised Strikes (Minimum Service Levels) Act could become a paper tiger, as trade unions are likely to severely penalise any employer that chooses to use the legislation.

LNER’s potential imposition of minimum service levels saw a single day’s strike action with a 100% loss of service balloon to six days’ action with a 60% loss of service, the equivalent of 3.6 days’ full disruption.

An Aslef spokesperson said: “As LNER have withdrawn their minimum service levels, we have withdrawn our five additional days of action.”

Last week, rail Minister Huw Merriman said the government hoped minimum service levels would be implemented, but that it was “a matter for the employers”.

A spokesperson for LNER, said: “We welcome news that the threat of extended disruption to our services has been lifted. We encourage Aslef to work with us to find a way to end this long-running dispute which only damages the rail industry.”

At the time of publication, none of the 16 train companies, including four “operators of last resort” – LNER, Southeastern, Northern Trains and TransPennine Express – which are owned by the Department for Transport (DfT), had decided to impose minimum service levels.

MSLs in the rail sector

Minimum service levels – rail

If employers choose to issue work notices to employees during a strike in an attempt to impose minimum service levels, they must inform trade unions at least seven days before the commencement of strike action.

TUC general secretary Paul Nowak said: “No decent employer would force workers to work during strikes – and threaten them with the sack if they fail to comply. We are clear. The full force of the union movement will stand behind any worker disciplined or sacked for exercising their right to strike. Unions will keep fighting this spiteful legislation. We won’t stop until it is repealed.”

A DfT spokesperson said: “The minimum service levels legislation is available for train operating companies to use, and the government has made it clear train operators should be ready to use them to reduce the impact of rail strikes on passengers.”

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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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