Forty years ago – on 25th Jan 1984 – Margaret Thatcher’s Conservative government attacked trade union rights at GCHQ(writes TUC General Secretary PAUL NOWAK).
Trade union members were told to resign their membership or be sacked.
But after a long and heroic campaign marked by the fortitude of the workers and their families, and the solidarity of the whole movement, they were reinstated when an incoming Labour government repealed the ban.
The spirit and fight shown at GCHQ in Cheltenham has never been more badly needed.
Today, the Tories are once again hellbent on attacking the right to strike – a fundamental British liberty.
Their draconian Strikes (Minimum Service Levels) Bill is even more extreme than Thatcher’s attack in 1984.
This time over five million workers face losing their right to strike – including PCS members in border security.
It would place onerous restrictions on public sector and rail unions and make taking effective industrial action far harder.
Last month the TUC called its first Special Congress in 40 years to discuss how we resist these spiteful new laws.
The message from the trade union movement was unanimous, resounding and clear – we will defend the right to strike at all costs. And we will not rest until this pernicious legislation is repealed from the statute books.
Because let’s be clear: if the Tories get their way this is just the start. We should expect further attacks on the rights of workers and trade unions in other sectors not yet affected.
The government wants to use this heinous new bill as a Trojan horse for other anti-union measures, including an attempted clamp-down on picketing.
It is an ideological assault on workers’ and trade unions’ rights and a brazen attempt to silence workers’ voices and reduce their power.
The imposition of minimum service levels means that when workers lawfully vote to take strike action, they could be told to attend work – and sacked if they don’t comply.
Our public services are crying out for investment to address the recruitment and retention crisis they face. But, instead, the Conservatives are seeking to poison industrial relations, with the result that services deteriorate even more.
It is all driven by an unelected and out-of-touch prime minister who has lost the confidence of the British people. We won’t let this happen.
We will use every lever at our disposable to defeat these unworkable – and almost certainly illegal – new laws. We will name and shame any employer or public body that uses this legislation. We will challenge every work notice issued by employers.
And the full force of the whole union movement will stand behind any worker disciplined or sacked for exercising their right to strike.
Please join me – and trade union members from across the country – on Saturday the 27th of January 2024 as we march and rally in Cheltenham to commemorate the 40th anniversary of the GCHQ trade union ban.
Let’s channel the spirit of those brave GCHQ workers and show our collective defiance against the Tories’ attack on the right to strike.
TUC announces special Congress to fight Conservative attack on the right to strike
My Lords and members of the House of Commons
It is mindful of the legacy of service and devotion to this country set by My beloved Mother, The late Queen, that I deliver this, the first King’s Speech in over 70 years.
The impact of Covid and the war in Ukraine have created significant long-term challenges for the United Kingdom. That is why my Government’s priority is to make the difficult but necessary long-term decisions to change this country for the better.
My Ministers’ focus is on increasing economic growth and safeguarding the health and security of the British people for generations to come.
My Government will continue to take action to bring down inflation, to ease the cost of living for families and help businesses fund new jobs and investment.
My Ministers will support the Bank of England to return inflation to target by taking responsible decisions on spending and borrowing. These decisions will help household finances, reduce public sector debt, and safeguard the financial security of the country.
Legislation will be introduced to strengthen the United Kingdom’s energy security and reduce reliance on volatile international energy markets and hostile foreign regimes. This Bill will support the future licensing of new oil and gas fields, helping the country to transition to net zero by 2050 without adding undue burdens on households.
Alongside this, my Ministers will seek to attract record levels of investment in renewable energy sources and reform grid connections, building on the United Kingdom’s track-record of decarbonising faster than other G7 economies.
My Government will invest in Network North to deliver faster and more reliable journeys between, and within, the cities and towns of the North and Midlands, prioritising improving the journeys that people make most often.
My Ministers will strengthen education for the long term. Steps will be taken to ensure young people have the knowledge and skills to succeed, through the introduction of the Advanced British Standard that will bring technical and academic routes into a single qualification. Proposals will be implemented to reduce the number of young people studying poor quality university degrees and increase the number undertaking high quality apprenticeships.
My Ministers will take steps to make the economy more competitive, taking advantage of freedoms afforded by the United Kingdom’s departure from the European Union. A bill will be brought forward to promote trade and investment with economies in the fastest growing region in the world. My Ministers will continue to negotiate trade agreements with dynamic economies, delivering jobs and growth in the United Kingdom.
My Ministers will introduce new legal frameworks to support the safe commercial development of emerging industries, such as self-driving vehicles, introduce new competition rules for digital markets, and encourage innovation in technologies such as machine learning. Legislation will be brought forward to support the creative industries and protect public interest journalism. Proposals will be published to reform welfare and support more people into work.
My Government will promote the integrity of the Union and strengthen the social fabric of the United Kingdom.
Working with NHS England, my Government will deliver its plans to cut waiting lists and transform the long-term workforce of the National Health Service. This will include delivering on the NHS workforce plan, the first long-term plan to train the doctors and nurses the country needs, and minimum service levels to prevent strikes from undermining patient safety.
Record levels of investment are expanding and transforming mental health services to ensure more people can access the support they need. My Government will introduce legislation to create a smokefree generation by restricting the sale of tobacco so that children currently aged fourteen or younger can never be sold cigarettes, and restricting the sale and marketing of e-cigarettes to children.
My Ministers will bring forward a bill to reform the housing market by making it cheaper and easier for leaseholders to purchase their freehold and tackling the exploitation of millions of homeowners through punitive service charges. Renters will benefit from stronger security of tenure and better value, while landlords will benefit from reforms to provide certainty that they can regain their properties when needed.
My Government will deliver a long-term plan to regenerate towns and put local people in control of their future. Legislation will be brought forward to safeguard the future of football clubs for the benefit of communities and fans. A bill will be introduced to deal with the scourge of unlicensed pedicabs in London.
My Government is committed to tackling antisemitism and ensuring that the Holocaust is never forgotten. A bill will progress the construction of a national Holocaust Memorial and Learning Centre in Victoria Tower Gardens.
My Government will act to keep communities safe from crime, anti-social behaviour, terrorism and illegal migration.
A bill will be brought forward to ensure tougher sentences for the most serious offenders and increase the confidence of victims. My Ministers will introduce legislation to empower police forces and the criminal justice system to prevent new or complex crimes, such as digital-enabled crime and child sexual abuse, including grooming.
At a time when threats to national security are changing rapidly due to new technology, my Ministers will give the security and intelligence services the powers they need and will strengthen independent judicial oversight. Legislation will be introduced to protect public premises from terrorism in light of the Manchester Arena attack.
My Government will deliver on the Illegal Migration Act passed earlier this year and on international agreements, to stop dangerous and illegal Channel crossings and ensure it is the government, not criminal gangs, who decides who comes to this country.
My Government will continue to champion security around the world, to invest in our gallant Armed Forces and to support veterans to whom so much is owed. My Ministers will work closely with international partners to support Ukraine, strengthen NATO and address the most pressing security challenges. This includes the consequences of the barbaric acts of terrorism against the people of Israel, facilitating humanitarian support into Gaza and supporting the cause of peace and stability in the Middle East.
My Government will continue to lead action on tackling climate change and biodiversity loss, support developing countries with their energy transition, and hold other countries to their environmental commitments.
The United Kingdom will continue to lead international discussions to ensure that Artificial Intelligence is developed safely.
My Government will host the Global Investment Summit, the European Political Community, and the Energy Conference, leading global conversations on the United Kingdom’s most pressing challenges.
I look forward to welcoming His Excellency the President of the Republic of Korea and Mrs. Kim Keon Hee for a State Visit later this month.
My Government will, in all respects, seek to make long-term decisions in the interests of future generations. My Ministers will address inflation and the drivers of low growth over demands for greater spending or borrowing. My Ministers will put the security of communities and the nation ahead of the rights of those who endanger it. By taking these long-term decisions, my Government will change this country and build a better future.
Members of the House of Commons.
Estimates for the public services will be laid before you.
My Lords and Member of the House of Commons.
Other measures will be laid before you.
I pray that the blessing of Almighty God may rest upon your counsels.
“Once in a generation” special Congress to take place on Saturday 9 December at Congress House
TUC announces special Congress to fight Conservative attack on the right to strike
The TUC has announced it will hold a special Congress to discuss the next stage of campaigning against the Conservatives’ anti-strike laws.
The event will take place at Congress House on Saturday 9 December 2023, from 10am-1pm.
The TUC says more details on the special Congress will follow in the coming weeks, including on media accreditation.
It is rare for the TUC to seek to convene the whole trade union movement at a special Congress outside of the TUC’s usual flagship annual event in September.
A special Congress last took place over 40 years ago in 1982, to fight Margaret Thatcher’s anti-union legislation.
The TUC points to exceptional circumstances given the “unprecedented attack on the right to strike”.
New regulations
The announcement comes after the government laid regulations for minimum service levels in rail, the ambulance service and border security.
Ministers have said these new rules will be rushed into force by the end of the year. Ministers are also consulting on rules affecting workers in hospital settings, schools, universities and fire services.
This is despite warnings from unions and employer groups that the plans are unworkable.
The laws will mean that when workers lawfully vote to strike, they could be forced to attend work – and sacked if they don’t comply.
TUC research found a massive 1 in 5 workers in Britain – or 5.5 million workers – are at risk of losing their right to strike as a result of the Strikes (Minimum service levels) Act.
TUC General Secretary Paul Nowak said: “After 13 long years of Conservative government, nothing works in this country anymore.
“But instead of getting on with fixing the mess they have created, the Conservatives are hellbent on making things worse.
“These new laws represent an unprecedented attack on the right to strike. They are unworkable, undemocratic and almost certainly in breach of international law.
“This is the last thing our crumbling public services or our dedicated frontline workers need – these draconian laws will poison industrial relations and drag out disputes.
“The UK already has some of the most restrictive trade union laws in Europe. Now the Tories want to make it even harder for people to win fair pay and conditions.
“That’s why we are calling this once in a generation special Congress.
“Unions will keep fighting this spiteful legislation. We won’t stop until it is repealed.”
TUC condemns Tory “wrecking ball” to right to strike and says it won’t rest until the legislation is repealed
Union body urges employers to do “everything in their power” to avoid using this counterproductive legislation to settle disputes
The TUC has vowed to fight the anti-strike bill “tooth and nail” as the legislation passed its final parliamentary stage.
The union body said the Conservatives were threatening to “take a wrecking ball” to the fundamental right to strike – adding that “unions won’t rest” until the legislation is repealed.
The Strikes (Minimum Service Levels) Bill will soon receive Royal Assent and make its way onto the statute book as the legislation passed in the House of Lords – after several previous defeats.
The Bill will mean that when workers lawfully vote to strike in health, education, fire, transport, border security and nuclear decommissioning, they could be forced to attend work – and sacked if they don’t comply.
1 in 5 workers
TUC research found a massive 1 in 5 workers in Britain – or 5.5 million workers – are at risk of having their right to strike undermined. The legislation gives ministers sweeping powers to impose strike restrictions in any service within those extremely broad sectors.
The UK’s actions have already come under scrutiny from international organisations. The UN workers’ rights watchdog, the ILO, recently slapped down the UK government over its anti-union agenda and demanded it respect international law.
The Bill will give ministers the power to impose new minimum service levels through regulation, but ministers have given few details on how they intend minimum service levels to operate.
Humiliating defeat
The government is rushing this latest legislation onto the statute book just days after a “humiliating defeat” on its agency worker regulations – as the High Court deemed the regulations unlawful.
The “strike-breaking” regulations were brought in last summer and allow agencies to supply employers with workers to fill in for those on strike.
The High Court ruled that the then Secretary of State for Business, Energy and Industrial Strategy, Kwasi Kwarteng, failed to consult unions, as required by the Employment Agencies Act 1973 – quashing the 2022 changes.
The TUC has accused the government of adopting the same “reckless approach” with its anti-strike bill.
TUC General Secretary Paul Nowak said: “The Conservatives are threatening to take a wrecking ball to our fundamental right to strike.
“No one should be sacked for trying to win better pay and conditions at work – especially in the middle of a cost-of-living crisis. But that is exactly what this draconian legislation will allow.
“These new laws will give ministers the power to snatch away the right to strike from a massive 1 in 5 workers – that’s 5.5 million people.
Commenting on the ongoing campaign against the bill, Paul added: “Make no mistake. The TUC will fight this pernicious legislation tooth and nail – exploring all options including legal routes.
“We won’t stand by and let workers get sacked for defending their pay and conditions. And we won’t rest until this bill has been repealed.
“It’s unworkable, undemocratic and almost certainly in breach of international law.
“After the government’s humiliating defeat in the High Court over its unlawful attempt to undermine the right to strike, ministers should spare themselves further embarrassment.
“Every employer must reject this blatant attempt at union busting. That means doing everything in their power to avoid using this counterproductive legislation – it will only poison industrial relations and drag out disputes.
“Our message is loud and clear. The entire trade union movement will rally behind any worker sacked for exercising their fundamental right to strike.”
On Labour’s plans to repeal the legislation in its first 100 days, Paul said: “The right to strike is a fundamental British liberty – Labour gets this. That’s why they have done the right thing and promised to repeal this nasty legislation at the earliest opportunity.”
Experts say government’s Strikes Bill will make Britain an international “outlier” on union laws
Unions will be forced to “undermine” their own strikes, lawyers say
Leading employment lawyers have warned that government’s new Strikes (Minimum Service Levels) Bill will give ministers “unfettered power” to restrict the right to strike.
In a joint statement, the legal specialists say the new legislation will make Britain “an outlier” on strike laws compared to other European and Western democracies.
Those adding their names to the statement include:
Alan Bogg, Professor of Labour Law, University of Bristol
Keith Ewing, Professor of Public Law, King’s College London
Ruth Dukes, Professor of Labour Law, University of Glasgow
Highlighting the new sweeping powers the Bill will give to ministers, the lawyers say:
“The legislation gives a Secretary of State a largely unfettered power to determine what a minimum level of service should be in a particular service, and consequently the circumstances in which and the extent to which workers in these sectors can lawfully exercise their freedom to strike.”
Highlighting how Britain risks becoming an international outlier on strike laws, the lawyers say:
“The Strikes (Minimum Service Levels) Bill would place an unacceptable restriction on a worker’s right to take strike action to defend their terms and conditions of employment. It adds to an existing body of highly restrictive laws on strikes, including the Trade Union Act 2016.
“It would make Great Britain an outlier among comparable countries. If ministers are keen to learn from overseas, a more promising place to start would be the creation of a culture of social dialogue and balanced cooperation through the introduction of sector-wide collective bargaining, together with the clear legal recognition of a positive right to strike.”
Highlighting the strain the Bill will put on industrial relations, the lawyers say:
“Trade unions will be required by an employer acting with the authority of the state to take steps actively to undermine its own strike, for which its members will have voted in a ballot with high thresholds of support. Such an obligation is unprecedented in British law, and it places trade unions in an intolerable conflict with their own members.
“The legislation also removes significant protections for individual workers exposing them to the risk of dismissal and victimisation. It will do nothing to resolve the current spate of industrial action, which will be settled by negotiation and agreement, rather than by the introduction of even tighter restrictions on trade unions.”
The TUC has accused the government of ducking scrutiny over the Bill.
If passed, the Strikes Bill will mean that when workers democratically and lawfully vote to strike they can be forced to work and sacked if they don’t comply.
The Bill gives ministers power to impose new minimum service levels through regulation.
But consultations on how these regulations will work in specific services have not been completed, and parliamentarians have been given few details on how minimum service levels are intended to operate.
The TUC says the new legislation will “do nothing” to solve the current disputes across the public sector, and “only make matters worse”.
Alan Bogg, Professor of Labour Law at the University of Bristol said: “This Bill would risk leaving Britain an international outlier in its restrictive laws on trade unions.
“When combined with existing legislation, these proposals constitute a further departure from established norms and international treaty obligations.
“Rather than bringing Britain into line with other European countries, it deviates significantly from the legal traditions of our neighbours where the right to strike is often given explicit constitutional protection.”
Ruth Dukes, Professor of Labour Law at the University of Glasgow said: “These minimum service requirements will do nothing to help workers and employers reach agreement.
“But they might well prolong and inflame disputes.”
Commenting on the lawyers’ letter, TUC General Secretary Paul Nowak said: “This is a damning assessment of the government’s Strikes Bill. Make no mistake – these new laws are a naked power grab that will allow ministers to severely restrict the right to strike.
“This spiteful legislation would mean that when workers democratically vote to strike, they can be forced to work and sacked if they don’t comply.
“Compulsory work notices during strikes will place a huge strain on employer and union relations and will do nothing to help resolve disputes.
“If this nasty legislation gets on to the statute book, the TUC will fight it all the way – including through the courts.
“The Conservatives cannot legislate away worker dissatisfaction.”
The full statement reads:
We the undersigned are specialists in employment law.
Between us we have decades of experience as academics and practitioners in analysing the existing statutory regime for industrial action and the wider industrial relations landscape in Great Britain and internationally.
In our view the Strikes Bill (Minimum Service Levels) Act would place an unacceptable restriction on a worker’s right to take strike action to defend their terms and conditions of employment. It adds to an existing body of highly restrictive laws on strikes, including the Trade Union Act 2016. The cumulative effects of this legislation would place the UK well outside the mainstream of industrial relations in comparable countries.
The right to strike is guaranteed in international law by a succession of important treaties. These include the Council of Europe’s Social Charter of 1961; and the UN’s International Covenant on economic, social and cultural rights of 1966. It has also been recognised as a human right by the International Labour Organisation, and by the European Court of Human Rights. Our obligation to respect ILO conventions and the Social Charter was reinforced by the 2020 Trade and Cooperation Treaty with the European Union.
In Great Britain the right to strike is already heavily limited. The statutory regime places significant requirements on trade unions contemplating industrial action including the need to conduct a postal ballot under highly complex rules, the need to clear high thresholds of support (even higher in ‘important public services’), and to give 14 days’ notice of action.
The Strikes Bill as drafted would remove none of these requirements while placing a hugely onerous new set of requirements on unions and union members.
The legislation gives a Secretary of State a largely unfettered power to determine what a minimum level of service should be in a particular service, and consequently the circumstances in which and the extent to which workers in these sectors can lawfully exercise their freedom to strike. If a strike takes place in these services, an employer will have the power to issue a work notice effectively to requisition workers during the strike.
Trade unions will then be under a duty to take “reasonable steps” to ensure that workers comply with the work notice. Trade unions will thus be required by an employer acting with the authority of the state to take steps actively to undermine its own strike, for which its members will have voted in a ballot with high thresholds of support. Such an obligation is unprecedented in British law, and it places trade unions in an intolerable conflict with their own members.
The legislation also removes significant protections for individual workers exposing them to the risk of dismissal and victimisation. It will do nothing to resolve the current spate of industrial action, which will be settled by negotiation and agreement, rather than by the introduction of even tighter restrictions on trade unions.
The proposed minimum service legislation constitutes a further departure from established norms and treaty obligations. It would make Great Britain an outlier among comparable countries. If ministers are keen to learn from overseas, a more promising place to start would be the creation of a culture of social dialogue and balanced cooperation through the introduction of sector-wide collective bargaining, together with the clear legal recognition of a positive right to strike.
Professor Alan Bogg, Professor of Labour Law, University of Bristol
Professor Nicola Countouris, Director of the Research Department, European Trade Union Institute (ETUI) and Professor in Labour Law and European Law, University College London
Professor Ruth Dukes, Professor of Labour Law, University of Glasgow
Professor Keith Ewing, Professor of Public Law, King’s College London
Professor Lydia Hayes, Professor of Labour Rights, University of Liverpool
Dr Ioannis Katsaroumpas, Lecturer in Employment Law, University of Sussex
Professor Aristea Koukiadaki, Professor of Labour Law and Industrial Relations, Head of The University of Manchester Law School
Professor Virginia Mantouvalou, Professor of Human Rights and Labour Law, University College London
Dr Ewan McGaughey, Reader in Law, King’s College London
Professor Tonia Novitz, Professor of Labour Law, University of Bristol
The STUC, along with the TUC, are coordinating a protect the right to strike day today (Wednesday 1 February).
PM Rishi Sunak is trying to force his anti-union “sack key workers bill” through parliament in a matter of weeks. It means that when workers democratically vote to strike, they could be forced to work and sacked if they don’t.
That’s wrong, unworkable, and almost certainly illegal. We need to stop this bill.
These new laws are a direct attack on working people’s fundamental right to strike to defend their pay, terms and conditions.
EDINBURGH
Edinburgh Day of Action
The Day of Action for Edinburgh will consist of three events:
Rally in the Mound at noon particularly for the PCS DWP members who will be on strike that day;
Indoor rally in the Southside Community Centre at 1.00pm/1.30pm.
Rally in the Mound at 5.00pm particularly for EIS members.
Solidarity with worker striking on the 1st February
Join our solidarity rally. Scottish workers in the civil service, higher education, some schools, some rail operators and Co-op Funeral Care will all be taking industrial action on 1st.
Join our joint strike rally at the Donald Dewar Steps, Buchanan Street at 12 noon.
50 leading civil liberties organisations and rights groups slam the government’s strikes bill
The TUC has welcomed an open letter penned by 50 civil liberties organisations and rights groups slamming the government’s new anti-strikes bill as an attack on the fundamental right to strike.
The organisations including Liberty, Human Rights Watch, Oxfam and many more said the Bill will allow “a further significant and unjustified intrusion by the state into the freedom of association and assembly.”
The groups also warn of the “enormous scope” the legislation would give ministers to decide key provisions, including the minimum service levels, without proper parliamentary scrutiny.
The Bill was back in parliament yesterday for its third reading.
The TUC has launched a Freedom of Information (FOI) request to discover why the government published the Bill without a required impact assessment.
Previous government advice – published in the Autumn – warned that minimum service levels in transport could poison industrial relations, and lead to more frequent industrial action.
Despite this warning, the Conservatives are now proposing to extend minimum service levels to a range of other sectors including – health, education, fire, border security and nuclear decommissioning.
TUC General Secretary Paul Nowak said: “Ministers are launching a brazen attack on the right to strike – a fundamental British liberty.
“This draconian legislation would mean that when workers democratically vote to strike, they can be forced to work and sacked if they don’t comply.
“It is little wonder that civil liberties organisations up and down the country are lining up to condemn this spiteful Bill.
“It is undemocratic, unworkable and almost certainly illegal. And crucially it will likely poison industrial relations and exacerbate disputes rather than help resolve them.”
On the need for ministers to come clean about the true scope of the Bill, Paul Nowak added: “Instead of levelling with the public about the bill’s draconian nature, ministers are railroading it through without proper scrutiny or consultation.
“With inflation running at over 10%, the last thing working people need is for ministers to make it harder to secure better pay and conditions.
“It is shameful that parliamentarians are being forced to vote blindly on such far-reaching new laws. We urge MPs from all parties to vote against this nasty Bill.”
We are writing to you as organisations concerned with the protection of civil liberties in this country to urge you to reconsider the Strikes (Minimum Service Levels) Bill.
The right to strike is a fundamental liberty.
In Great Britain it is already highly constrained by detailed rules concerning balloting, notice periods and picketing.
We believe the proposals for minimum service levels during industrial action will unfairly constrain the activities of trade unions and their members by allowing a further significant and unjustified intrusion by the state into the freedom of association and assembly.
The government has produced no evidence that such draconian measures are necessary. Voluntary life-and-limb cover has long been a feature of industrial action by essential workers.
This Bill has the potential to cause significant damage to fair and effective industrial relations in this country by making it harder to resolve disputes. Indeed the government itself has acknowledged that minimum service levels risk leading to an increased frequency of strikes.
We are also concerned by the lack of detail in the Bill, and the enormous scope it gives you and your successors as Secretary of State to decide key provisions, including the minimum service levels themselves, free from proper Parliamentary scrutiny.
In particular, the vast power given to Ministers to amend or revoke primary legislation, including Acts that do not even exist yet, is an extraordinary denial of the duty of our elected representatives to legislate on our behalf.
The Bill will expand the power of Ministers over Parliament and employers over workers, undermine rights protections, and inject uncertainty and precarity into the lives of millions of people who may now face dismissal for going on strike.
We urge you to reconsider these plans for an unwarranted curtailment of freedom of assembly and association
Martha Spurrier, Director, Liberty
Justine Forster, CEO, Advocacy Focus
Robert Rae, Co-Director, Art27 Scotland
Clive Parry, England Director, Association for Real Change
D ame Sara Llewellin, Chief Executive, Barrow Cadbury Trust
Silkie Carlo, Director, Big Brother Watch
Rosalind Stevens, Project Manager, Civil Society Alliance
Brian Gormally, Director, Committee on the Administration of Justice (CAJ)
Isobel Ingham-Barrow, CEO, Community Policy Forum
Megan Thomas, Policy and Research Officer, Disability Wales
Ele Hicks, Engagement, Research, and Policy and Influencing Manager, Diverse Cymru
Andrea Simon, Director, End Violence Against Women Coalition
Clare Moody, Co-CEO, Equally Ours
Kyle Taylor, Founder, Fair Vote UK
Peter Wieltschnig, Policy & Networks Officer, Focus on Labour Exploitation (FLEX)
Clare Lyons, Director of Policy, Advocacy and Campaigns, Friends of the Earth (England, Wales and Northern Ireland)
Nick Dearden, Director, Global Justice Now
John Gaskell, Chair, Grassroots for Europe
Areeba Hamid & Will McCallum, Co-Executive Directors, Greenpeace UK
Declan Owens, Co-Chair, Haldane Society of Socialist Lawyers
Kevin Hanratty, Director, Human Rights Consortium Northern Ireland
Mhairi Snowden, Director, Human Rights Consortium Scotland
Yasmine Ahmed, UK Director, Human Rights Watch
Deborah Coles, Executive Director, INQUEST
Zehrah Hasan, Advocacy Director, The Joint Council for the Welfare of Immigrants (JCWI)
Jess McQuail, Director, Just Fair
Nimrod Ben-Cnaan, Head of Policy and Profile, Law Centres Network
Barry Gale, Group Leader, Mental Health Rights Scotland
Fizza Qureshi, CEO, Migrants’ Rights Network
Zara Mohammed, Secretary General, Muslim Council of Britain
Kevin Blowe, Campaigns Coordinator, Netpol
Mark Kieran, CEO, Open Britain
Kate Flannery, Secretary, Orgreave Truth and Justice Campaign
New laws will allow government to set minimum levels of service which must be met during strikes ‘to ensure the safety of the public and their access to public services’
New laws will allow government to set minimum levels of service which must be met during strikes to ensure the safety of the public and their access to public services
the Strikes (Minimum Service Levels) Bill will ensure crucial public services such as rail, ambulances, and fire services maintain a minimum service during industrial action, reducing risk to life and ensuring the public can still get to work
Business Secretary Grant Shapps said in Parliament today: “We do not want to have to use this legislation unless we have to, but we must ensure the safety of the British public.”
Millions of ‘hard-working’ people across the UK will be protected from disruptive strikes thanks to new laws introduced yesterday, which will allow employers in critical public sectors to maintain minimum levels of service during strikes.
The government is introducing this legislation to ensure that striking workers don’t put the public’s lives at risk and prevent people getting to work, accessing healthcare, and safely going about their daily lives.
The government will first consult on minimum service levels for fire, ambulance, and rail services, recognising the severe disruption that the public faces when these services are impacted by strikes, especially the immediate risk to public safety when blue light services are disrupted.
The government hopes to not have to use these powers for other sectors included in the Bill, such as education, other transport services, border security, other health services and nuclear decommissioning.
The government expects parties in these sectors to reach a sensible and voluntary agreement between each other on delivering a reasonable level of service when there is strike action. This will, however, be kept under review and the Bill gives the government the power to step in and set minimum service levels should that become necessary.
Business Secretary Grant Shapps said: “The first job of any government is to keep the public safe. Because whilst we absolutely believe in the ability to strike, we are duty-bound to protect the lives and livelihoods of the British people.
“I am introducing a bill that will give government the power to ensure that vital public services will have to maintain a basic function, by delivering minimum safety levels ensuring that lives and livelihoods are not lost.
“We do not want to have to use this legislation unless we have to, but we must ensure the safety of the British public.”
The sectors the legislation includes are:
health services
education services
fire and rescue services
transport services
decommissioning of nuclear installations and management of radioactive waste and spent fuel
border security
This principle is already recognised in many countries across the world, such as Italy and Spain, where systems for applying minimum levels during strikes are in place for services the public depend on.
As is the case currently a union will lose its legal protection from damages if it does not comply with the obligations set for them within the legislation.
Yesterday’s reforms come as government ministers are meeting trade unions to discuss fair and affordable public sector pay settlements for 2023 to 2024.
TUC to hold national ‘protect the right to strike’ day on February 1
Union body says it will fight new anti-strike legislation “every step of the way”
The TUC will hold a national ‘protect the right to strike’ day on Wednesday 1 February.
The announcement comes following a meeting of trade union leaders yesterday.
Events will take place in different parts of the country against the Conservative’s new anti-strike legislation.
Members of the public will be invited to show their support for workers taking action to defend their pay and conditions.
More information will be provided in the coming weeks about planned activities.
The TUC has vowed to fight the new strike curbs “every step of the way” – including through parliament and the courts.The union body says the government’s new anti-strike plans are unworkable and almost certainly in breach of international law.
TUC General Secretary Paul Nowak said: “The right to strike is a fundamental British liberty – but the government is attacking it in broad daylight.
“These draconian new curbs will tilt the balance of power even more in favour of bad bosses and make it harder for people to win better pay and conditions.
“Nobody should lose their job if they take lawful action to win a better deal. But ministers have gone from clapping our key workers to threatening them with the sack.
“Unions will fights these plans every step of the way – including through parliament and through the courts.
“On February the 1st will we hold events across the country against this spiteful new bill – which is unworkable and almost certainly illegal.
“We will call on the general public to show support for workers taking action to defend their pay and conditions, to defend our public services and to protect the fundamental right to strike.”
On the need for the government to follow the example of the private sector, Paul Nowak added: “The government should be following the example of many employers in the private sector who have sat down with unions and agreed fair pay deals.
“But instead ministers are drawing up plans that will succeed only in escalating disputes and driving workers away from wanting to work in our public services.”
TUC polling published in last year revealed that 1 in 3 public servants were taking active steps to leave their professions.
Analysis published by the union body shows:
Nurses have lost £42,000 in real earnings since 2008 – the equivalent of £3,000 a year
Midwives have lost £56,000 in real earnings since 2008 – the equivalent of £4,000 a year
Paramedics have lost £56,000 in real earnings since 2008 – the equivalent of £4,000 a year
And if the government does not improve its pay offer for public servants, public sector pay will fall, on average, by over £100 a month in real terms in 2023.
Responding to yesterday’s attack on the right to strike to defend workers’ pay and conditions, the TUC has said that the Prime Minister should concentrate on fixing our public services, not attacking public sector staff.
The union body says that the proposed legislation would make it harder for disputes to be resolved.
TUC General Secretary Paul Nowak said: “This is an attack on the right to strike. It’s an attack on working people. And it’s an attack on one of our longstanding British liberties.
“It means that when workers democratically vote to strike, they can be forced to work and sacked if they don’t. That’s wrong, unworkable, and almost certainly illegal.
“The announcement offers nothing more to help with this year’s pay and the cost of living crisis.
“The only offer of talks is for next year. But we need to resolve the current disputes and boost the pay of public sector workers now.
“The Prime Minister said yesterday his door is always open – if he’s serious, he should prove it. He should take up my offer to get around the table to improve this year’s pay and end the current disputes.
“There is a world of difference between promises of jam tomorrow with technical discussions about pay review bodies, and proper negotiations on pay in the here and now.
“Our public services are already deep in a staffing crisis. But this government has gone from clapping key workers to threatening them with the sack if they take lawful action for a pay rise. It will only push more people away from essential jobs in public services, harming the whole nation.”
On the trade union campaigning to defend the right to strike, Paul added: “Trade unions will fight this every step of the way. We’re inviting every worker – public and private sector, and everyone who wants to protect British liberties -to be a part of our campaign to defend the right to strike.”
The whole trade union movement stands ready to defend workers’ fundamental right to strike, writes TUC’s KATIE STILL.
The right to strike is a fundamental British liberty
Exercising the right to strike when negotiations break down is a fundamental British liberty. It’s not one that workers ever use lightly.
Going on strike in the UK today means getting past tough legal restrictions, including winning a ballot conducted by post. It also means losing pay for the days you’re on strike.
But when employers won’t negotiate, exercising the right to strike can be the only way to bring them back to the table.
But it’s under attack from a Tory government that’s run out of ideas
The strikes this winter are the symptom of a broken economy. We’ve experienced the longest pay squeeze since Napoleonic times, with workers losing out on £20,000 worth of wages due to pay not keeping up with prices since 2008. And exploitative bosses like those at P&O Ferries are getting away with treating their workers like disposable labour.
But rather than getting round the table to negotiate a fair resolution of disputes, and setting out a plan to get pay rising, ministers are making vague threats to the right to strike.
In October government attacked transport workers through a proposed law mandating minimum service levels – but it’s not clear whether this has now been dumped. And ministers keep telling the media that they are proposing “tough” new laws – but they haven’t published any proposals.
The UK already has some of the most restrictive trade union laws in the world – but workers have been pushed into action by a government and employers that won’t listen. You can’t legislate away the depth of anger workers feel about how they’ve been treated.
The trade union movement stands ready to defend the right to strike
Working people and their trade unions want to negotiate a fair resolution to the current disputes. Ministers and employers should talk to unions about our demands for better pay and fairer working conditions. That’s our priority.
But if ministers want to use workers as a political football, the whole trade union movement will be united in defending the right to strike.
And make no mistake: we will fight hard. Any new restrictions are likely to be in breach of the UK’s commitments under international law. Ministers don’t have a mandate for new curbs on the right to strike from the manifesto they were elected on.
Working people across the country just want a fair day’s pay for a fair day’s work. It’s time for a government that puts them first.
Last week the High Court granted permission for a legal challenge – brought by eleven trade unions, coordinated by the TUC and represented by Thompsons Solicitors LLP – to protect the right to strike.
The unions – ASLEF, BFAWU, FDA, GMB, NEU, NUJ, POA, PCS, RMT, Unite and Usdaw – have taken the case against the government’s new regulations which allow agency workers to fill in for striking workers.
The challenge will be heard along with separate legal cases launched by TUC-affiliated unions UNISON and NASUWT against the government’s agency worker regulations, which have also been given the green light by the High Court. A hearing will be held from late March onwards.
The unions come from a wide range of sectors and represent millions of workers in the UK.
The TUC says the move is a “major blow” to government attempts to undermine workers’ right to strike for better pay and conditions.
With industrial action taking place across the economy after years of declining real pay and attacks on working conditions, reports suggest the government is considering new ways to restrict workers’ right to strike.
In addition to the agency worker regulations brought in last summer, ministers are already pushing through legislation on minimum service levels in transport – with the bill due for its second reading in the new year.
In threatening the right to strike, the TUC has accused the government of attacking a fundamental British liberty and making it harder for working people to bargain for better pay and conditions in the middle of a cost of living crisis.
Unlawful agency worker regulations
The unions argue that the regulations are unlawful because:
The then Secretary of State for business failed to consult unions, as required by the Employment Agencies Act 1973.
They violate fundamental trade union rights protected by Article 11 of the European Convention on Human Rights.
The change has been heavily criticised by unions, agency employers, and parliamentarians.
The TUC has warned these new laws will worsen industrial disputes, undermine the fundamental right to strike and could endanger public safety if inexperienced agency staff are required to fill safety critical roles.
The Recruitment and Employment Confederation (REC), which represents suppliers of agency workers, described the proposals as “unworkable”.
The Lords Committee charged with scrutinising the legislation said “the lack of robust evidence and the expected limited net benefit raise questions as to the practical effectiveness and benefit” of the new laws.
The TUC recently reported the UK government to the UN workers’ rights watchdog, the International Labour Organization (ILO), over the recent spate of anti-union and anti-worker legislation and proposals, including the government’s agency worker regulations, which it says are in breach of international law.
TUC General Secretary Frances O’Gradysaid: “The right to strike is a fundamental British liberty. But this government seems hellbent on attacking it at every opportunity.
“Threatening this right tilts the balance of power too far towards employers. It means workers can’t stand up for decent services and safety at work – or defend their jobs and pay.
“With inflation above an eyewatering 11%, ministers are shamelessly falling over themselves to find new ways to make it harder for working people to bargain for better pay and conditions.
“And these attacks on the right to strike are likely illegal. Ministers failed to consult with unions, as the law requires. And restricting the freedom to strike is a breach of international law.
“That’s why unions are coming together to challenge this change in the courts.
“Working people are suffering the longest and harshest wage squeeze in modern history. They need stronger legal protections and more power in the workplace to defend their living standards – not less.”
Richard Arthur, Head of Trade Union Law at Thompsons Solicitors, which represents the TUC-coordinated unions, said: “This is a timely reminder that the government is not above the law when it tries to restrict the rights of working people to take industrial action.
“The Court has agreed with the trade unions that the government’s decision-making should be scrutinised against UK and international legal standards at a hearing to take place from late March onwards.”
Eleven trade unions, coordinated by the TUC and represented by Thompsons Solicitors LLP, have began legal proceedings to protect the right to strike.
The unions – ASLEF, BFAWU, FDA, GMB, NEU, NUJ, POA, PCS, RMT, Unite and Usdaw – have taken the case against the UK government’s new regulations which allow agency workers to fill in for striking workers and break strikes.
The unions come from a wide range of sectors and represent millions of workers in the UK.
The unions argue that the regulations are unlawful because:
The then Secretary of State for business failed to consult unions, as required by the Employment Agencies Act 1973.
They violate fundamental trade union rights protected by Article 11 of the European Convention on Human Rights.
The change has been heavily criticised by unions, agency employers, and parliamentarians.
The TUC has warned these new laws will worsen industrial disputes, undermine the fundamental right to strike and could endanger public safety if agency staff are required to fill safety critical roles but haven’t been fully trained.
The Recruitment and Employment Confederation (REC), which represents suppliers of agency workers, described the proposals as “unworkable”.
The Lords Committee charged with scrutinising the legislation said “the lack of robust evidence and the expected limited net benefit raise questions as to the practical effectiveness and benefit” of the new laws.
The TUC also recently reported the UK government to the UN workers’ rights watchdog, the International Labour Organization (ILO), over the recent spate of anti-union and anti-worker legislation and proposals, including the government’s agency worker regulations, which it says are in breach of international law.
TUC affiliated unions UNISON and NASUWT are also launching separate individual legal cases against the government’s agency worker regulations.
TUC General Secretary Frances O’Grady said: “The right to strike is a fundamental British liberty. But the government is attacking it in broad daylight.
“Threatening this right tilts the balance of power too far towards employers. It means workers can’t stand up for decent services and safety at work – or defend their jobs and pay.
“Ministers failed to consult with unions, as the law requires. And restricting the freedom to strike is a breach of international law.
“That’s why unions are coming together to challenge this change in the courts.
“Workers need stronger legal protections and more power in the workplace to defend their living standards – not less.”
Richard Arthur, Head of Trade Union Law at Thompsons Solicitors LLP, said: “The right to strike is respected and protected by international law including the Conventions of the ILO, an agency of the United Nations, and the European Convention on Human Rights.
“The Conservative government should face up to its legal obligations under both domestic and international law, instead of forever trying to undermine the internationally recognised right to strike.”
The TUC’s annual Congress has been rescheduled for 18-20 October 2022 following the death of Queen Elizabeth. The three-day event will take place at the Brighton Centre.
