What Does The Strikes (Minimum Service Levels) Bill Mean For Future Strikes?

• Law Firm: Shepherd and Wedderburn LLP
• Subject Matter: Employment and HR, Government, Public Sector, Employee Rights/ Labour Relations, Human Rights
• Author: Deborah Miller and Hannah Bartlett
• Published date: 04 July 2023

While a number of the strikes which have taken place in the last year have been resolved successfully, the continuing train strikes are a reminder of the power of unionised workers to strike in order to try to come to an agreement with their employers on matters such as wages.

In response, the UK Government has introduced the Strikes (Minimum Service Levels) Bill (the "Bill") with the aim of enabling the government to introduce minimum levels of service during strike action across certain sectors. The government intends to use the Bill to ensure that critical services can function during a strike while also guaranteeing the safety of the British public. If the Bill receives Royal Assent, trade unions or employees who do not comply with minimum service requirements may lose protections against being sued or unfairly dismissed.

Background

The current position in the UK

In the UK, the law governing industrial action is a combination of contract, delict, and statute law. Part 5 of the Trade Union and Labour Relations (Consolidation) Act 1992 ("TULRCA ") sets out the current statutory provisions for a strike, including peaceful picketing and the protection from certain tort liabilities. Police officers, armed forces members, and certain prison officers are not permitted to strike, and in line with section 240 of the TULRCA, it is an offence to strike in the knowledge or belief that human life may be endangered or serious injury will be caused. More recently, the Trade Union Act 2016 introduced the idea of important public services, which extends to health, education of those aged under 17, fire services, nuclear decommissioning and management of nuclear waste, transport, and border security. In such services, there is a threshold requirement of 40% of eligible voters in order to legally strike.

On an international level, Article 11 of the European Convention on Human Rights and Convention 87 of the International Labour Organisation protects an individual's right to freedom of assembly and association in the UK.

Introduction of the Bill

The Transport Strikes (Minimum Service Levels) Bill 2022-23 (the "Transport Bill") introduced the possibility of minimum service levels in the transport sector. After the introduction of the Transport Bill in October 2022, there was a noticeable rise in strikes across various sectors, which could be attributed to the ongoing cost-of-living crisis and proposed pay awards that failed to keep up with inflation. The Transport Bill...