Strikes Act strike-out

The new Government has confirmed that it will ‘bin’ the Strikes (Minimum Service Levels) Act 2023 (the Strikes Act) through the Employment Rights Bill, which is due to be introduced within its first 100 days.

“This is why strong but fair negotiation is key to tackling issues between workers and employers, from low pay to inequality and discrimination.” 

Background

The Strikes Act came into force on 20 July 2023 and allows the Secretary of State to establish minimum service levels for strikes in relevant services in health, transport, education, fire and rescue, border control, nuclear decommissioning, and radioactive waste management services.

Currently, where a union calls a strike in a service to which minimum service levels apply, the employer may give the union a ‘work notice’ which identifies the workers that are required to work and the work they are required to do to ensure the minimum service level is met during the strike.

Repeal

On 6 August 2024, the Government announced that it will repeal the Strikes Act to “…get public services back on track and strengthen the rights of working people”.

It asserts that no employer has used minimum service levels, and they have not resolved any strikes but have sought to inflame tensions.

The Government has asked Ministers in various departments to engage with relevant employers and inform them that, in the meantime, they are encouraged to engage in discussions with trade unions rather than use minimum service levels.

According to Deputy Prime Minister Angela Raynor:

“Repealing this legislation is the first part of our plan to reset industrial relations so they are fit for a modern economy.”

Comment

This is the first confirmed change which we can expect to see included in the forthcoming draft Employment Rights Bill. 

In a recent policy paper, the Government confirmed that:

“…the upcoming Employment Rights Bill will remove barriers to effective collective action and strengthen the rights of working people by empowering workers to organise collectively through trade unions”.

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