On 20 July 2023, the Conservative Government passed the Strikes (Minimum Service Levels) Act 2023 (the “Strikes Act”) into law. Facing a backdrop of industrial action across several sectors of the economy, ranging from rail workers to junior doctors, the Strikes Act gave the Government the power to introduce regulations that would specify minimum service levels for certain key sectors, including the fire and rescue, health and transport services. By the time of the July 4 General Election, such regulations had been introduced for passenger railway services, NHS ambulance services and the UK Border Force. The Government has confirmed that it intends to repeal the Strikes Act.
How does the Strikes Act work?
Where a union proposes strike action in relation to a service to which minimum service regulations apply, employers within that sector have the right to respond with a work notice no later than 7 days before the strike day (unless a later date is otherwise agreed with the union) specifying the employees who are required to work to ensure that the minimum service levels are met, and details of the work they will be required to do during the strike.
The number of employees listed in the work notice should not be more than is reasonably necessary to maintain the minimum service level. Before giving a work notice, the employer must consult the union about the number of persons to be identified and the work to be specified in the notice, and have regard to the views expressed by the union in response
When the union receives the employer’s work notice, it must take all reasonable steps to ensure that all of its members listed in the notice comply with its terms. If the union does not comply it may lose the immunity it would otherwise enjoy under the Trade Union and Labour Relations (Consolidation) Act 1992.
To date, no employer has used the Strikes Act to apply minimum service levels.
What will happen now?
The passage of the Strikes Act in 2023 was not without controversy, and in the run-up to the July 4 General Election, the Labour Party campaigned that it would repeal the Act as part of its Plan to Make Work Pay. We now have confirmation that the Government intends to make true on this promise in the form of a press release from the Department for Business and Trade on 6 August 2024.
While it remains unclear when the exact date of the repeal of the Strikes Act will be, the announcement formally confirms that this change will be brought forward as part of the Employment Rights Bill, which the Government remains committed to introducing to Parliament within its first 100 days. You can read more about other key changes to UK employment law that are expected to be included in the Bill here.