The UK government’s Strikes (Minimum Service Levels) Act has gained Royal Assent, having passed through parliament, giving ministers new powers to restrict the impact of strikes in public services.
The aim of the legislation is to impose minimum levels of service during industrial action by ambulance staff, firefighters, railway workers and those in other sectors deemed essential.
The government will now proceed with plans to implement minimum service levels for passenger rail services, ambulance services and fire and rescue services. This will follow public consultations on the most appropriate approach for delivering minimum service levels in passenger rail and blue light services. The government said it is currently analysing responses and will respond in due course.
A public consultation will be launched this Summer on the reasonable steps unions must take to comply with a work notice issued by employers under minimum service levels legislation.
It comes on the day that hospital consultants went on strike across England and a walkout by rail workers in a long-running dispute brought fresh travel chaos for train passengers.
Minimum service levels by sector
Minimum service levels – Border Force and HM Passport Office
Following public consultation and approval by both Houses of Parliament, the government will be able to set minimum service levels within key sectors, including emergency services, border security, education, rail and nuclear decommissioning.
Business minister Kevin Hollinrake claimed the new law provided an “appropriate balance between the ability to strike, and protecting lives and livelihoods”.
The TUC today vowed to fight the new powers “tooth and nail” as the legislation passed its final parliamentary stage.
The union body said Conservative ministers were threatening to “take a wrecking ball” to the fundamental right to strike – adding that “unions won’t rest” until the legislation was repealed.
Under the proposals workers in health, education, fire, transport, border security and nuclear decommissioning could be forced to attend work – and sacked if they don’t comply.
Labour has said it would repeal the legislation when it is next in power.
Strikes and industrial action
Strikes bill is ‘incompatible with human rights’
Scotland’s first minister vows to fight strikes bill
The legislation has faced criticism from a variety of sources including the UN workers’ rights watchdog, the ILO. It has also pushed the UK down the Global Rights Index.
Labour peer Lord Collins of Highbury, who had opposed the Bill in the Lords, said: “This is a skeletal Bill. An example of legislating and then determining policy and procedure. It’s really the wrong way round.”
He added: “I repeat the intention of a future Labour government to repeal this Act. Because it doesn’t have the support of workers’ representatives or employers.
The TUC said ministers have given few details on how they intend minimum service levels to operate.
Lord Collins added that the Strikes (Minimum Service Levels) Act would prove impracticable and predicted that it could worsen the situation in industrial relations.
“Even the government’s own impact assessments have said it could possibly increase strikes,” he said.
TUC general secretary Paul Nowak said: “No one should be sacked for trying to win better pay and conditions at work – especially in the middle of a cost-of-living crisis. But that is exactly what this draconian legislation will allow.
“These new laws will give ministers the power to snatch away the right to strike from a massive one in five workers – that’s 5.5 million people.
“Make no mistake, the TUC will fight this pernicious legislation tooth and nail – exploring all options including legal routes.”
Unite general secretary Sharon Graham said: “If you wanted an example of just how out of touch with reality this government’s priorities are, then it is summed up by this legislation. We’ve got a cost-of-living crisis, an NHS crisis, people are struggling and the government is targeting the right to strike.
“Rather than concentrating on tackling the terrible mess they’ve made, they’re trying to attack the very organisations that defend working people. This attempt to shut down those voices won’t work and will extend industrial action.”
Rail minister Huw Merriman said: “The ability of workers to take strike action is an integral part of industrial relations, however, this should not be at the expense of members of the public. The passing of this Bill will help give passengers certainty that they will be able to make important journeys on a strike day.”
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This article was originally published on 20 July 2023.
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