In the wake of record levels of industrial action and a worsening economic outlook for the country, the government has taken swift action to introduce new legislation to limit further strike action. If adopted, the Strikes (Minimum Service Levels) Bill – which passed its second reading in parliament on 17th January 2023 – will require vital public services to maintain safety levels during industrial action.
The Proposals
Britain is experiencing a wave of industrial action as pay rises fail to keep up with high inflation, prompting public sector workers such as nurses, ambulance staff, rail workers, teachers, and civil servants to stage a series of walkouts.
Under the new legislation being proposed, unions and employers must guarantee a base level of service in the health, transport, border control, education, fire and rescue, nuclear decommissioning and radioactive waste management sectors during industrial action.
Work Notices and Restrictions on Strike Action
To achieve this minimum service level, employers will be able to give unions a ‘work notice’ specifying the workers that are required to work and the work that they are obliged to do during the strike. The employer in such circumstances will have to consult with unions and would not be allowed to identify more workers than are reasonably necessary to meet the minimum service requirements. Unions would then be required to comply with the work notice or would risk employers bringing an injunction to prevent strikes from taking place or seeking damages if they did not comply.
Change to the Unfair Dismissal Regime
The new law also proposes changing unfair dismissal rights so that any worker identified in a work notice who subsequently participates in the strike action would lose their right to claim automatic unfair dismissal. Currently, it is illegal to dismiss an employee for taking part in strike action.
Response to the Proposals
The proposals, while not entirely unexpected, have already proved hugely controversial and have sparked a furious response from unions. Critics of the legislation have said that its introduction is likely to prolong industrial disputes and make them harder to resolve and worsen already strained relations between the unions and employers.
Any new legislation will not have an impact on the strike action happening this month (February 2023) which will go ahead as planned. We will keep you updated as the legislation progresses through parliament and further details are revealed.
