Government consults on minimum levels of public services during strikes

The Government is consulting on how to maintain minimum levels of some public services during strikes, using what the Trades Union Congress (TUC) called  “shambolic, unworkable legislation”.

Under Government plans, minimum service levels would have to be maintained in health, fire and rescue, education, passenger transport, decommissioning of nuclear installations, management of radioactive waste and spent fuel, and border security. The consultation runs until 6 October.

It follows the enactment of the Strikes (Minimum Service Levels) Act, which amends the Trade Union and Labour Relations (Consolidation) Act 1992 to incorporate keeping services running during strikes.

Employers will be able to use this to issue ‘work notices’ ahead of strikes. Guidance resulting from the consultation “will ensure trade union members comply with work notices given by employers prior to strike action, as required under new laws”.

Business minister Kevin Hollinrake said: “We believe in the right to strike but this must be balanced with the public’s right to access essential services and get on with their daily lives.

“This consultation will give trade unions, employers and workers a chance to feedback on whether our proposals set out a clear and fair process for trade unions to follow to ensure members comply with a work notice.”

The consultation said that when minimum service levels are in force for a specified service, if a trade union gives notice of strike action, employers can issue a work notice ahead of this to specify the workforce required to maintain necessary and safe levels of service.

Employees who go on strike contrary to a work notice would lose their automatic protection from unfair dismissal for industrial action.

If a trade union failed to take reasonable steps to allow the employer to secure a minimum service level, it would lose protection from liability in tort, and the employer could seek an injunction to prevent the strike from taking place, or for damages.

TUC general secretary Paul Nowak said: “This is a sham consultation. Ministers have ignored a mountain of evidence on how these laws are unworkable and will escalate disputes.

“They are ploughing ahead despite their anti-union drive being slapped down by the UN workers’ rights watchdog, and their recent High Court defeat over the use of agency workers during strikes.”

Nowak said the unions would explore all means to fight the legislation, including litigation.

He added: “This shambolic, unworkable legislation will frustrate employers and unions alike. Every decent employer must reject this blatant attempt at union busting.”

Mark Smulian