Employment lawyers have warned that the government’s Strikes (Minimum Service Levels) Bill would give ministers “unfettered power” to restrict the right to strike, making the UK an outlier on strike laws compared to other Western countries.
Ten legal specialists drawn from UK universities said that the “anti-strikes” bill, as opponents have called it, would put trade unions in conflict with their own members.
The widely criticised Strikes Bill requires some sectors to operate at least a minimum service during strikes. Ministers would get the power to set minimum service levels for fire, ambulance and rail services. Other health and transport services, as well as sectors including education, border security and nuclear decommissioning, will also be required to operate a minimum service, but the government hopes to reach voluntary agreements about these thresholds.
Highlighting the sweeping powers the Bill, which is currently being scrutinised in the House of Lords, would give to ministers, the lawyers said: “The legislation gives a Secretary of State a largely unfettered power to determine what a minimum level of service should be in a particular service, and consequently the circumstances in which and the extent to which workers in these sectors can lawfully exercise their freedom to strike.”
Strikes Bill criticism
Strikes Bill: when the unthinkable becomes policy
They added: “The Strikes (Minimum Service Levels) Bill would place an unacceptable restriction on a worker’s right to take strike action to defend their terms and conditions of employment. It adds to an existing body of highly restrictive laws on strikes, including the Trade Union Act 2016.
“It would make Great Britain an outlier among comparable countries. If ministers are keen to learn from overseas, a more promising place to start would be the creation of a culture of social dialogue and balanced cooperation through the introduction of sector-wide collective bargaining, together with the clear legal recognition of a positive right to strike.”
Ruth Dukes, professor of labour law at the University of Glasgow said: “These minimum service requirements will do nothing to help workers and employers reach agreement. But they might well prolong and inflame disputes.”
Alan Bogg, professor of labour law at the University of Bristol said: “When combined with existing legislation, these proposals constitute a further departure from established norms and international treaty obligations.
“Rather than bringing Britain into line with other European countries, it deviates significantly from the legal traditions of our neighbours where the right to strike is often given explicit constitutional protection.”
Paul Nowak, general secretary of the TUC, which released the legal assessment over the weekend, said: “This is a damning assessment of the government’s Strikes Bill. Make no mistake – these new laws are a naked power grab that will allow ministers to severely restrict the right to strike.
“This spiteful legislation would mean that when workers democratically vote to strike, they can be forced to work and sacked if they don’t comply. Compulsory work notices during strikes will place a huge strain on employer and union relations and will do nothing to help resolve disputes.”
He added that if the legislation becomes law, the TUC will fight its introduction in the courts. “The Conservatives cannot legislate away worker dissatisfaction,” he said.
The TUC argues that the right to strike in the UK is already heavily limited. The statutory regime places significant requirements on trade unions contemplating industrial action including the need to conduct a postal ballot under highly complex rules, the need to clear high thresholds of support, and the requirement for unions to give 14 days’ notice of action.
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The Strikes Bill criticism came from the following legal academics:
- Professor Alan Bogg, Professor of Labour Law, University of Bristol
- Professor Nicola Countouris, Director of the Research Department, European Trade Union Institute (ETUI) and Professor in Labour Law and European Law, University College London
- Professor Ruth Dukes, Professor of Labour Law, University of Glasgow
- Professor Keith Ewing, Professor of Public Law, King’s College London
- Professor Lydia Hayes, Professor of Labour Rights, University of Liverpool
- Dr Ioannis Katsaroumpas, Lecturer in Employment Law, University of Sussex
- Professor Aristea Koukiadaki, Professor of Labour Law and Industrial Relations, Head of The University of Manchester Law School
- Professor Virginia Mantouvalou, Professor of Human Rights and Labour Law, University College London
- Dr Ewan McGaughey, Reader in Law, King’s College London
- Professor Tonia Novitz, Professor of Labour Law, University of Bristol.
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