Metro mayors and council leaders have vowed to do ‘everything in their power’ to stop employers from issuing work notices that force people not to strike under minimum service levels legislation.
A TUC special congress, the first of its kind since 1982, is being held today (9 December) to discuss how the new rules can be tackled.
The leaders, including Manchester and London mayors Andy Burnham and Sadiq Khan, have also warned that the government’s newly enacted “anti-strike” law would “make disputes harder to solve” and “lead to more frequent and longer strikes”.
The mayors of London, Greater Manchester, Liverpool, West Yorkshire, South Yorkshire, Bristol and North of Tyne, and council leaders of Birmingham, Cardiff, Glasgow, Leeds, Liverpool, Newcastle, Nottingham and Sheffield, have joined forces to issue a statement on minimum service levels.
The statement comes after Mark Drakeford, first minister of Wales, and Humza Yousaf, first minister of Scotland, have each said they would do everything in their power to avoid the use of work notices in their jurisdictions.
Ministers threatening to sack workers for going on strike during a dispute is both wrong and likely to be counter-productive. This is why we have opposed minimum service levels every step of the way – and will do everything in our power not to issue work notices” – Andy Burnham
The Strikes (Minimum Service Levels) Act 2023 applies to transport, health, fire and rescue, education, nuclear decommissioning and border security. Laws introducing minimum service levels in rail, border security and ambulance services came into force this week, while consultations continue on rules affecting workers in other sectors.
The leaders of the cities pledged to “work with trades unions and employers to explore every possible option to avert any prospect of work notices being issued in our areas”.
The TUC has hailed the announcement as “hugely welcome”.
There is no statutory duty on an employer to issue work notices, but the government’s work notices guidance says employers should consider any existing legal duties or obligations, for example, contractual or public law duties.
In its response last month to a government consultation on minimum service levels in healthcare, NHS Providers said: “Our view is that this act will further challenge industrial relations, at a time when the NHS most needs to protect them. The act does not replace the need for derogation and staff recall arrangements, but will make them harder to achieve.”
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The mayors and council leaders agreed that the new laws would “place severe and unacceptable restrictions on the fundamental right of a worker to take industrial action to defend their pay and conditions”.
Mayor of Greater Manchester Andy Burnham pledged to avoid issuing work notices and said “draconian” legislation was no substitute for negotiation when it came to preventing disputes.
He added: “Ministers threatening to sack workers for going on strike during a dispute is both wrong and likely to be counter-productive. This is why we have opposed minimum service levels every step of the way – and will do everything in our power not to issue work notices.”
Burnham said: “It also undermines devolution, as services in Greater Manchester such as transport are devolved, with no role for government in decisions such as service levels.”
Marvin Rees, Mayor of Bristol, said: “Minimum service levels are a desperate attempt by a government that has run out of ideas to stop workers taking action to defend their pay and conditions.
“Disputes at work are only solved effectively when people sit down and negotiate. Strike action is a human right and provides a basis for workers and employers to find solutions together. Legislating away worker dissatisfaction does nothing to promote good working conditions or positive relations”.
TUC general secretary Paul Nowak said the new rules would poison industrial relations and drag out disputes. “Unions won’t stop fighting this spiteful legislation until it’s repealed,” he said.
City leaders vow to avert use of work notices – statement
The government’s proposals for minimum service levels in the event of strike action would place severe and unacceptable restrictions on the fundamental right of a worker to take industrial action to defend their pay and conditions.
They are unfair, undemocratic, and likely to put the UK in breach of our international legal commitments.
Crucially, they would make disputes harder to solve and lead to more frequent and longer strikes.
The recent publication of a draft code of practice that would put impossible hurdles in the way of unions complying with this draconian legislation shows that it is intended to stoke conflict not resolve it.
As leaders in our towns and cities, we urge the government to abandon plans to minimum service levels in any service.
We will work with trades unions and employers to explore every possible option to avert any prospect of work notices being issued in our areas.
Andy Burnham, Mayor of Greater Manchester
Oliver Coppard, Mayor of South Yorkshire
Sadiq Khan, Mayor of London
Steve Rotheram, Mayor of the Liverpool City Region
Tracy Brabin, Mayor of West Yorkshire
Jamie Driscoll, Mayor of North of Tyne
Marvin Rees, Mayor of Bristol
Cllr John Cotton, Leader of Birmingham City Council
Cllr Huw Thomas, Leader of Cardiff Council
Cllr Susan Aitken, Leader of Glasgow City Council
Cllr James Lewis. Leader of Leeds City Council
Cllr Liam Robinson, Leader of Liverpool City Council
Cllr Nick Kemp, Leader of Newcastle City Council
Cllr David Mellen, Leader of Nottingham City Council
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