Tag: Strikes (Minimum Service Levels) Bill

Anti-strikes Bill will give ministers “unfettered power” to restrict the right to strike, top lawyers warn

  • 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 

UK Government introduces laws to mitigate the disruption of strikes

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.