Minimum service levels in the rail sector

During strike action employers in the rail sector can impose minimum service levels, forcing a number of their employees to work rather than join the picket line.

The railway sector was one of the first public services to have MSLs enacted under the Strikes (Minimum Service Levels) Act 2023 with the rules coming into force on 7 December 2023 under the Strikes (Minimum Service Levels: Passenger Railway Services) Regulations 2023. The rules apply to England, Wales and Scotland.

So what are the minimum service levels for the rail sector? In a nutshell, it is “the equivalent of 40% of timetabled services” but what does that mean for train operating companies, rail infrastructure providers, light railway networks and tram lines?

The regulations stipulate minimum service levels across three defined categories of service:

Train operator services, for example, services run by Great Western Railway, ScotRail or the TransPennine Express. The minimum service level for train operators is set at 40% of timetabled services.

Rail infrastructure services, for example, Network Rail, which maintains and operates the track. The minimum service level for such providers allows “priority routes” to be kept open between 6am and 10pm on any given strike day.

Light rail services, for example, London Underground, Manchester Metrolink and Edinburgh Trams. The minimum service level for light rail services will be to deliver the train operation and infrastructure services necessary to deliver the equivalent of 40% of timetabled services.

Train operator service MSLs

The minimum service level for passenger train operating services is equivalent to 40% of their planned timetable, as issued by Network Rail twice yearly.

In its consultation response, the government said that an MSL of 40% represents an increase in service levels compared with recent strikes. “We think that this service level provides a proportionate balance between benefits for passengers (via increased service levels) and workers’ ability to strike,” said the Department for Transport.

It said the number of passengers who would travel in proportion to a normal day of service may well be higher than 40% depending on how train operators design their timetable and whether individual trains end up more heavily loaded than normal.

The DfT said that an MSL of 40% is a “considerable reduction” compared with a non-strike day, indicating that workers and unions would be able to exercise their collective bargaining power to cause some disruption in the rail sector. Network Rail data suggests that 30% to 40% of total services on a typical non-strike weekday operate during peak periods.

Staff such as train drivers, train cleaners and refuelling personnel will all operate according to minimum service levels, as long as they are directly employed by the train operator.

Rail infrastructure service MSLs

To set a minimum service level for rail infrastructure services, the DfT has developed a priority route map that includes services between, for example, London Paddington and Cardiff Central, but excludes some services, for example, those beyond Cardiff to Milford Haven.

The government has also stipulated that the rail infrastructure services MSL on these priority routes only applies between 6am and 10pm, including certain infrastructure (such as sidings) within a five-mile radius of the priority routes, meaning these routes can be kept open for the specified hours during strikes.

The DfT said the priority route approach is a proportionate approach that delivers a simple-to-understand list of rail infrastructure that can be kept open, using work notices, at its full normal capacity.

All train operators (including freight) will have access over the priority routes during infrastructure strike action.

Light railway MSLs

Specified light rail systems (see panel, right), such as trams and subways, are covered by a minimum service level that can deliver the train operation services and infrastructure services necessary to deliver the equivalent of 40% of the timetabled service on the date of the notice of strike.

Light rail employers can determine how best to approach operating their networks safely at 40% level, which may mean closing some routes and not others, or operating fewer services across all routes. Where an employer like the London Underground has more than one timetable for its different lines, the 40% will be taken as an aggregate.

The DfT says its approach balances the benefits to passengers and the impact on the ability to take strike action.

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