Minimum service levels set and agency worker cover could return

The government is set to enact minimum service levels legislation for rail, ambulance and border security staff before Christmas, to ensure strikes do not overly disrupt public services over the festive season. And it is renewing attempts to allow agency workers to cover striking workers with the launch of new consultation.

The government has decided on the minimum service levels it will insist are maintained during strike action, following public consultations earlier this year, and will lay legislation in parliament today (7 November).

Train operators will have to run the equivalent of 40% of their normal timetable, and in the case of strikes that affect rail infrastructure, certain priority routes will be required to remain open.

Border Force staff will have to be provided “at a level that means that they are no less effective than if a strike were not taking place” and selected Passport Office staff needed for the purpose of national security will be required to work during industrial action.

Number 10 said that vital ambulance services in England will continue to run during strikes to ensure that cases that are life-threatening, or where there is no reasonable clinical alternative to an ambulance response, are attended.

Prime Minister Rishi Sunak said: “We are doing everything in our power to stop unions de-railing Christmas for millions of people. This legislation will ensure more people will be able to travel to see their friends and family and get the emergency care they need.

“We cannot go on relying on short-term fixes – including calling on our Armed Forces or civil servants – to mitigate the disruption caused by strike action. That’s why we’re taking the right long-term decision to bring in minimum service levels, in line with other countries, to keep people safe and continue delivering the vital public services that hard-working people rely on.”

The Strikes (Minimum Service Levels) Act gained Royal Assent in July, despite significant opposition from trade unions.

Employers will be able to issue work notices to trade unions and employees to identify people who are required to work during industrial action. If the union fails to ensure their members comply with the work notice, they will lose their legal protection from damages claims, the maximum award for which rose from £250,000 to £1 million last year.

The Department of Health and Social Care is currently seeking evidence on expanding the scope of minimum service levels to cover other urgent and emergency hospital-based services which could include nurses and doctors. The consultation closes on 14 November.

The government expects minimum service levels in education to be decided with education unions. However, if a voluntary arrangement cannot be agreed, a consultation will be launched on introducing minimum service levels in schools and colleges.

Agency workers consultation

The government said it would also consult on plans to remove regulations that prevent employers from supplying agency workers to cover the duties normally performed by striking workers. This is despite this year’s High Court ruling that repealing agency worker strike laws was unlawful.

TUC general secretary Paul Nowak said: “Allowing unscrupulous employers to bring in agency staff to deliver important services risks endangering public safety and escalating disputes.

“Agency recruitment bodies have repeatedly made clear they don’t want their staff to be used as political pawns during strikes. But ministers are not listening.

“Despite suffering a humiliating defeat at the High Court, they are bringing back the same irrational plans.”

The Recruitment and Employment Confederation’s chief executive Neil Carberry said the announcement was a disappointment, and would present its views on why leaving the agency worker ban in place was a good idea.

He posted on X: “The announcement of a consultation on whether to remove the protection on use of agency workers in strikes is a disappointment – neither agencies nor unions think this promotes effective strike resolution or protects agency workers.

“That said this is a consultation. We will make @RECmembers views clear when the document is launched, and engage with @biztradegovuk on why leaving Reg 7 in place is the right choice.”

The announcement of a consultation on whether to remove the protection on use of agency workers in strikes is a disappointment – neither agencies nor unions think this promotes effective strike resolution or protects agency workers. That said… (1/2)

— Neil Carberry (@RECNeil) November 7, 2023

Many of the recent pay disputes in public services have been resolved. However, disputes involving doctors in England, Wales and Northern Ireland, as well as some rail unions, are ongoing.

For rail workers, the government said there was a “fair and reasonable offer on the table” which several unions have already accepted, one which would deliver pay rises of 5% and 4% over two years.

Transport secretary Mark Harper said: “For too long, hard working people have been unfairly targeted by rail union leaders – prevented from making important journeys, including getting to work, school or vital hospital appointments.

“Minimum service levels will help address this by allowing the rail industry to plan ahead to reduce disruption for passengers while ensuring workers can still exercise their ability to strike.”

The Rail, Maritime and Transport (RMT) union said that minimum service levels were “an assault on the fundamental freedoms of working people”.

RMT general secretary Mick Lynch said: “We believe employers have the discretion not to issue minimum service work notices and as such we are calling on them not to issue them. Any employer that seeks to issue a work notice will find themselves in a further dispute with my union.

“Even the government’s own impact assessment has said that the legislation could lead to more strikes so instead of attacking workers and their trade unions, the government should spend its time trying to resolve disputes, not inflaming them.”

 

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