CONTROVERSIAL STRIKES LAW TO BE STRUCK OUT
By Georgina Middleton and Angus Menzies
In a previous newsletter we covered the introduction of the Strikes (Minimum Service Levels) Act 2023 which was introduced by the previous Conservative Government. This legislation granted the government the power to stipulate the maintenance of minimum service levels within six specific sectors during strike action.
Labour has always vocally opposed the legislation, seeing it as undermining the ability for negotiation and resolution in disputes with unions. Unsurprisingly, and as widely predicted, the new Labour government announced its intention to repeal the Strikes (Minimum Service Levels) Act 2023 on 6th of August 2024, planning to do so within the first 100 days of government through the introduction of the Employment Rights Bill.
With Labour winning the July 2024 General Election in a landslide, the new Government included its intention to repeal the Conservative trade union legislation within the First King’s Speech, as explored in a previous newsletter.
Subsequently, both the Deputy Prime Minister, Angela Rayner, and the Business Secretary, Jonathan Reynolds, have written to the sectors most impacted by strikes, and the Welsh and Scottish government, stating that they do not support the Minimum Service Levels and intend to repeal it. They have also contacted 12 metropolitan mayors across the country on the issue, requesting they start engaging with local employers on the change.
“This immediate action by Labour indicates there will be a visible shift in Employment Law towards employers and trade unions having to negotiate and collaborate more in order to mitigate industrial action in future.”
Angela Rayner expressed the intentions of the new government, stating that “scrapping this pointless law” will not just create “a new partnership between business, trade unions and working people” but “is the first part of our plan to reset industrial relations so they are fit for a modern economy”.
Jonathan Reynolds provided similar soundbites, stating that the “Strikes Act has not worked […] costing the taxpayer billions of pounds” and “hasn’t resolved a single strike since they were introduced”. He asserts that the repeal “is about restoring politics as public service, ensuring the government acts to fix problems not cause them”.
The government has even gone as far as to request that the ministers inform relevant employers that the government strongly encourages them to stop using minimum service levels in the meantime, and instead to engage in discussions with trade unions.
The reversal of the minimum service levels legislation has received a lot of support from the expected quarters, with the Strikes (Minimum Service Levels) Act 2023 having been heavily criticised by many when introduced by the Conservatives. Unions, such as the RMT and UNISON have rallied in support of the repeal, which is not surprising given that the head of the TUC, Paul Nowak, previously referred to the measures as “undemocratic, unworkable and almost certainly illegal”.
The Health and Social Care Secretary, Wes Streeting, has also come out in support stating that the government has “engaged meaningfully with the BMA Junior Doctors’ Committee from day one, and agreed an offer in just over three weeks”, describing the repeal as a “significant step in resetting relationships with staff, as we fix the broken health service”.
As we go to print, the government is also reported to be intending to scrap the higher strike action voting thresholds introduced by its predecessor government. It will be interesting to see the implications of the Employment Rights Bill becoming law. The policy paper states that industrial relations should be based on negotiations and bargaining in good faith to avoid disputes, but the latest proposal does allow for a potential increase in industrial action.
This immediate action by Labour indicates there will be a visible shift in Employment Law towards employers and trade unions having to negotiate and collaborate more in order to mitigate industrial action in future. The government asserts that it is focused on being “committed to promoting more positive industrial relations to ensure our workers have a voice” in order to achieve its plan for growth and raised living standards.
Employers should plan for the changing labour landscape the government is beginning to create, be aware of what good employee relations involve and assess whether they are meeting such requirements.
If you are impacted, or would like further information on what this repeal of legislation means for you, please don’t hesitate to get in touch.