The UK government has launched a new consultation today (Friday 25 August) setting out to advise unions on ‘reasonable steps they should take to ensure minimum service levels are achieved during strike action’.
The consultation follows up the passing into law of the Strikes (Minimum Service Levels) Act which gained Royal Assent last month. This would allow the government to set service levels in key sectors such as transport, border security and emergency services.
Ministers aim to produce a statutory Code of Practice off the back of the consultation that they say will provide “clear guidance that will ensure trade union members comply with work notices given by employers prior to strike action, as required under new laws”.
Strikes act consultation
Strikes bill is ‘incompatible with human rights’
This will be designed to help ensure the maintenance of minimum service levels and to “ensure unions maintain their legal protections during lawful strike action”.
The TUC has condemned the terms of the consultation, calling it a “sham”.
General secretary of the TUC Paul Nowak said: “No matter how much the government tries to spin it, the Conservatives are brazenly attacking the right to strike.
“This is a sham consultation. Ministers have ignored a mountain of evidence on how these laws are unworkable and will escalate disputes.”
Business minister Kevin Hollinrake said the government supported the right to strike but believed this “must be balanced with the public’s right to access essential services and get on with their daily lives.”
The statement pointed out that industrial action has had a significant impact on access to emergency services and the UK economy, resulting in over 600,000 rescheduled medical appointments since December 2022 and at least £1.2bn lost in the period June 2022-23, according to analysis by the Centre for Economic and Business Research.
Under the new Act, where the relevant trade union gives notice of strike action, employers will be able to issue a work notice ahead of the strike, to specify the workforce required to maintain necessary and safe levels of service. The work notice will specify the type of work and number of employees required after discussions with unions.
This consultation invited trade unions, employers and workers a chance to provide feedback on whether the proposals “set out a clear and fair process for trade unions to follow to ensure members comply with a work notice”, the statement said.
Novak added: “Every decent employer must reject this blatant attempt at union busting. They should do everything in their power to avoid using this counterproductive legislation – and tell government to rethink these regulations which will poison industrial relations and drag out disputes.”
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