Controversial Strike Bill Becomes Law
We have previously written about the Strikes (Minimum Service Levels) Bill which received Royal Assent on 20th July 2023 and is now the Strikes (Minimum Service Levels) Act 2023. You will recall that this is the legislation which grants power to the Government to stipulate that minimum service levels must be maintained during strike action in certain sectors.
· According to the press release from the Department for Business and Trade “Minimum Service Levels balance the ability of workers to strike with the rights of the public, who expect essential services they pay for to be there when they need them”
· Unions previously described the plans as “undemocratic, unworkable and almost certainly illegal”.
Well, now the Government’s plans are at least legal, after it used its large Commons majority to defeat several attempted amendments suggested by the House of Lords.
"At present the Government is analysing responses to a consultation on delivering minimum service levels in rail and “blue light” services..."
This is all after the Regulatory Policy Committee published an opinion stating that impact assessment of the Bill was “not fit for purpose” and the Joint Committee on Human Rights questioned the compatibility of the proposals with the UK’s human rights obligations. Even the International Labour Organization (ILO) intervened in the debate, suggesting that the Government ought to seek “technical assistance” from the ILO on such matters. Such interventions were ultimately all to no avail and the Government’s proposals have now passed into law.
As a result, the Government will launch a public consultation in the Summer on what reasonable steps Unions must take to ensure their members comply with “work notices” (instructions from employers to employees effectively ordering them to break a lawful strike). The Government has promised that a Statutory Code of Practice will clarify the nature and extent of the Unions’ obligations in this regard.
At present the Government is analysing responses to a consultation on delivering minimum service levels in rail and “blue light” services, and intends to implement minimum service levels across passenger rail services, ambulance services and fire and rescue services.
If you operate in the above sectors and want further information on what this new legislation means for you please don’t hesitate to get in touch.