The first reading of the Government's Strikes (Minimum Service Levels) Bill took place in the House of Commons on 10 January 2023.
The Bill is intended to introduce powers for the Government to set minimum levels of service during strikes for a range of public services, many of which are currently in the midst of ongoing industrial action.
The Bill will amend the existing Trade Union and Labour Relations (Consolidation) Act 1992, which makes provision for lawful industrial action and trade union activities. Under the Bill, the Secretary of State will be given the power, by separate regulations, to introduce 'minimum service levels' for 'relevant services' within the following industries:
- Health services
- Fire and rescue services
- Education services
- Transport services
- Decommissioning of nuclear installations and management of radioactive waste and spent fuel
- Border security
According to the Press Release, the Government intends to consult on minimum service levels initially for fire,ambulance and rail services only, "recognising the severe disruption that the public faces when these services are impacted by strikes". It hopes that other sectors (including education) will introduce voluntary minimum service levels.
Where minimum service levels have been made in respect of a relevant service, an employer will be entitled to give a 'work notice' to a trade union in relation to strike action it has called. This is a notice in writing that levels of service under minimum service regulations will apply, specifying those who are required to work during the strike and the work required to be carried out by them. This notice is subject to a requirement for prior consultation with the trade union, and it must be given at least seven days before the relevant strike day.
The union must take reasonable steps to ensure that members who are identified in any 'work notice' comply with it. An employee who is identified in a valid work notice but who participates in the strike will no longer be protected from automatic unfair dismissal. Trade unions will also lose the current protection from being sued for damages if they do not take 'reasonable steps' to comply with their obligations under the Bill.
As currently drafted, the Bill gives the Government wide-ranging powers to introduce minimum service levels without any requirement for employers to consult with trade unions. It is likely to face considerable opposition, particularly from trade unions, during its passage through Parliament.
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