The Public and Commercial Services Union (PCS) has been granted permission from the High Court to pursue a judicial review of the government’s decision to impose minimum service levels during strikes.
PCS argues that the Strikes (Minimum Service Levels) Act 2023 infringes Article 11 of the European Convention on Human Rights (ECHR), which safeguards the right to form trade unions and take strike action.
PCS general secretary Fran Heathcote said: “As has been their traditional role, a Conservative government is once again attacking trade unions.
MSLs judicial review
Minimum service levels in the UK
“Our members in the Border Force took highly effective strike action last year which helped win serious concessions from the government. The government is therefore now effectively attempting to ban them from taking strike action through this draconian legislation.
“PCS will not stand by and allow them to erode our members’ rights and freedoms and we welcome the Court’s decision to allow our claim to proceed to judicial review.”
The regulations on minimum service levels in border security state that “border security services should be provided at a level that means that they are no less effective than if a strike were not taking place”.
MPs and peers on the Joint Committee on Human Rights (JCHR) have also suggested the law could be incompatible with the ECHR, while the International Labour Organisation has expressed serious concerns about the widespread application of minimum service levels during strike action, following a complaint to the UN’s workers’ rights body from the TUC.
The Equality and Human Rights Commission last year said it had concerns about workers losing their protection against unfair dismissal if they failed to comply with a work notice requiring them to work during industrial action.
Minimum service level regulations have already been enacted in several sectors including rail, ambulance services, fire and rescue, and border security.
As yet though, no employer has issued work notices to striking staff. When LNER “showed signs” that it might, the Aslef trade union increased its planned strike days from one to six. The government-owned rail operator later said it would not impose minimum service levels and Aslef cancelled the additional five-day strike.
The government has also run consultations on minimum service levels in hospitals and schools, while voluntary agreements have been put in place in the nuclear sector.
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A hearing before the High Court is set to take place later this year.
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