Last week the Government published draft legislation proposing to introduce minimum service levels during strike action in health, transport, education, fire and rescue, border control and nuclear decommissioning and radioactive waste management services.
Under the legislation, when a strike is proposed within one of these services, the employer would be able to give the union a ‘work notice’ specifying the workers that are required to work and the work that they are required to do during the strike. In doing so the employer will be required to consult with the union and would not be able to identify more workers than are reasonably necessary in order to meet the minimum service requirements.
The new law also proposes to change unfair dismissal rights so that any worker identified in a work notice as being required to work who participates in the strike action would lose their right to claim automatic unfair dismissal. At present, it is illegal to dismiss an employee for taking part in strike action, so the draft legislation proposes a very significant change from the current legal position.
Details of the required minimum service levels and the scope of the work that can be required are yet to be confirmed but there is concern that the new legislation will seriously impact the ‘right to strike’. There also does not seem to be a way for a work notice to be challenged if it goes further than is ‘reasonably necessary.’
As the UK’s economic outlook and the cost of living crisis continues to worsen and there is an increased chance of strike action in other public services, the Government clearly want to take swift action to limit further strikes and their impact. However, critics of the legislation have said that introducing it is likely to prolong industrial disputes and make them harder to resolve, as well as worsening relations between unions, employees and employers at a time when they are already very strained. We will continue to share updates as the legislation progresses through Parliament and further details are announced.
If you would like further advice on strikes and the proposed draft legislation please get in touch with a member of our specialist Employment Team on 0345 646 0406 or fill in our online enquiry form and a member of the team will be in touch.