Anti-Strike Laws: An Update

• Law Firm: Bindmans LLP
• Subject Matter: Employment and HR, Government, Public Sector, Contract of Employment, Employee Rights/ Labour Relations, Human Rights
• Author: Yavnik Ganguly
• Published date: 26 April 2023

Strike action has historically been a key tool of negotiation used by unions to push for improved employment terms for public sector workers.

However, the recent Strikes (Minimum Service Levels) Bill, also known as the 'anti-strike' bill, has been subjected to strong criticism as it seeks to limit the ability of unions to organise strike actions, and for union workers to participate in them.

The current law regarding lawful industrial action requires that there must be a trade dispute, a properly conducted industrial action ballot and a written notice of industrial action being sent to the employer. Currently, trade unions can organise lawful industrial action with statutory immunity, which means the unions and their members cannot be sued for striking.

The anti-strike bill was introduced to Parliament by Energy Security Secretary Grant Shapps to enforce minimum service levels during strike action across six sectors including the NHS, transport services, education services and fire services. If the new bill is passed in its current form, employers may be able to sue unions if these minimum levels are not met. The bill also includes provisions that employers could legally be permitted to dismiss employees who ignore a 'work notice' ordering them to work on strike days.

Grant Shapps argues that the purpose of the bill is to 'protect the public's access to essential public services' and 'protect the lives and livelihoods of the British people', by enabling key public services to function during strike action.

Discrimination and human rights concerns

There is concern that the anti-strike bill infringes the UK's obligations under human rights law. The Joint Committee on Human Rights has stated that the anti-strike bill does not align with the requirements under article 11 of the European Convention on Human Rights (ECHR), which allows freedom of association for workers. The Committee asserts that there should be less harsh measures introduced for managing striking workers, such as loss of pay or suspension for employees who do not comply with...