What you need to know about the Strikes (Minimum Services Level) Bill

Authored by DAS

The rules around strike are already very comprehensive. However, the Government is now considering limiting the impact strikes have on the public via the Strikes (Minimum Services Level) Bill.

The aim is to strike a balance between the right of unions and their members and the need for public to be able to access key services during strikes, such as the rail service, education and the NHS. This is not surprising given the number of people going on strike in the last 12 months and how this has impacted the wider public, which has been an ongoing hot topic in the news with some of the biggest strike days recorded in 2023.

In summary, the Government are proposing as follows:

• Minimum service levels set for health services, fire and rescue, education services, border security, passenger rail services and those responsible for nuclear installations and management.
• When a notice of a strike is given, it must identify the people required to work during a strike and specify what work would be carried out. It will be possible for an employer to vary a work notice.
• The employer will need to consult with the union regarding the number of workers to be identified and the work to be untaken to secure service levels required.
• If a union fails to take reasonable steps to ensure that any union members identified in the notice do not take part in the strike, the union will not be protected from an action in tort by the employer.
• Those workers identified will be unable to take part in the strike action and if they do, they will not be protected, losing protection from dismissal.

The Bill is currently at the House of Lords Committee stage so it is likely it may be some time before we see this passed.

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