Act of Parliament | |
Long title | An Act to make provision about minimum service levels in connection with the taking by trade unions of strike action relating to certain services. |
---|---|
Citation | 2023 c. 39 |
Introduced by | Grant Shapps, Secretary of State for Business, Energy and Industrial Strategy (Commons) Lord Callanan (Lords) |
Territorial extent | |
Dates | |
Royal assent | 20 July 2023 |
Commencement | 20 July 2023 |
Other legislation | |
Amends | |
Status: Current legislation | |
Text of statute as originally enacted | |
Text of the Strikes (Minimum Service Levels) Act 2023 as in force today (including any amendments) within the United Kingdom, from legislation.gov.uk. |
The Strikes (Minimum Service Levels) Act 2023 (c. 39) is an act of the Parliament of the United Kingdom affecting UK labour law designed to force trade union workers in England, Scotland and Wales to provide a minimum service during a strike in health, education services, fire and rescue, border security, transport and nuclear decommissioning. [1] The law has been criticised as being not in the 2019 Conservative Party manifesto, being a violation of human rights, and being a violation of international law. [2]
The Scottish Government has confirmed that it will not enforce the act in Scotland. [3] [4]
The legislation was published on 10 January 2023 by the Department for Business, Energy and Industrial Strategy and introduced into Parliament by the Conservative Secretary of State for Business, Grant Shapps. It follows a prolonged period of industrial action in the United Kingdom during 2022 and 2023, and is the second piece of legislation seeking to secure a minimum service after legislation covering the transport sector was introduced in October 2022. Launching the bill, Shapps said that the hope was to reach an agreement on the minimum level of service "that mean that we don't have to use that power in the bill". The proposals drew criticism from Paul Nowak, the General Secretary of the Trades Union Congress, who said that it would "prolong disputes and poison industrial relations – leading to more frequent strikes", while unions threatened to take legal action against the government if the legislation is signed into law. The Labour Party said that it would repeal the legislation if it were to be passed. [5] [6] [7] The bill has frequently been referred to as an anti-strike bill or anti-strike law. [8] [9] [10]
The 2023 bill seeks to expand the guarantee of a minimum service to the National Health Service, education, fire and rescue, border security, and nuclear decommissioning. It would allow employers to issue a "work notice" stating who should work in the event of a strike, with no automatic protection against unfair dismissal for those who refuse. The legislation will allow the Business Secretary "to make regulations providing for levels of service where there are strikes in relevant services". [11] [12]
Minimum service levels are not defined in the bill, but are left to the discretion of the minister. [13]
If unions do not provide minimum service levels during a strike, then the union lose immunity from being sued in tort for damages to the employer for economic loss, and workers lose protection from unfair dismissal. [11] [14]
On 16 January 2023, MPs voted 309–249 in favour of the bill following its first reading. It then moved to the committee stage. [15]
On 30 January, MPs voted 315–246 in favour of the bill, which was then sent to the House of Lords for further debate. [16]
On 20 July, the bill passed both chambers of Parliament and was signed into law. [17]
The precise meaning of 'minimum service level' in regards to a particular category of service is not defined in the act; it is left to the relevant Secretary of State to make 'minimum service regulations' detailing the specific levels of service required. [18] The following minimum service regulations have been made under the act:
After the bill gained royal assent, Business Minister Kevin Hollinrake said that the law represented "an appropriate balance between the ability to strike, and protecting lives and livelihoods". [17] Rail Minister Huw Merriman said that the act would "help give passengers certainty that they will be able to make important journeys on a strike day". [17]
Labour leader Keir Starmer said in January 2023 that a Labour government would repeal the legislation. [19] The Employment Rights Bill was introduced to the House of Commons on 10 October 2024, wherein clause 61(3) repeals the Act. [20]
The Socialist Party called the legislation "a serious attack on the right to strike" which would "[force] unions to organise their own strike-breaking operations". [21]
The law does not apply to Northern Ireland, something that prompted Conservative MP Robert Buckland to call for it to do so ahead of a one-day strike planned across several sectors in Northern Ireland on 18 January 2024. [22]
Following the announcement that the train drivers' union, ASLEF, would commence a series of rolling strikes in February 2024, it emerged that the train operators involved would not use the powers given to them under the legislation to enforce a 40% minimum service during strike days. 10 Downing Street expressed its disappointment that the legislation would not be utilised. [23]
Mick Lynch, general secretary of the RMT, said in a speech to the Trades Union Congress (TUC) congress that "meek compliance with this legislation is the road to oblivion for this movement", supporting union non-compliance. [24] Matt Wrack, general secretary of the FBU, wrote in a Tribune article that the bill would "effectively abolish the right to strike", compared it to the anti-union Industrial Relations Act 1971, and called for "a cross-union campaign of non-compliance" to defeat the legislation. [25] In September 2023, TUC delegates voted unanimously to oppose the legislation "up to and including a strategy of non-compliance". [26]
Daniel Kebede, general secretary of the National Education Union (NEU), said the union would strike to force closures at any schools that sacked NEU members under the legislation. [27] Jo Grady, general secretary of the University and College Union, called the legislation "a spiteful attack on workers everywhere". [28]
Oxford University Student Union released a statement opposing the act and any attempts to enforce minimum service levels by Oxford University. [29]
A Socialist Worker editorial said that unions "did not do enough to resist the bill" and called on workers to "be ready to defy anti-union laws – and defy union leaders too if required". [30]
Labour laws, labour code or employment laws are those that mediate the relationship between workers, employing entities, trade unions, and the government. Collective labour law relates to the tripartite relationship between employee, employer, and union.
United Kingdom labour law regulates the relations between workers, employers and trade unions. People at work in the UK have a minimum set of employment rights, from Acts of Parliament, Regulations, common law and equity. This includes the right to a minimum wage of £11.44 for over-23-year-olds from April 2023 under the National Minimum Wage Act 1998. The Working Time Regulations 1998 give the right to 28 days paid holidays, breaks from work, and attempt to limit long working hours. The Employment Rights Act 1996 gives the right to leave for child care, and the right to request flexible working patterns. The Pensions Act 2008 gives the right to be automatically enrolled in a basic occupational pension, whose funds must be protected according to the Pensions Act 1995. Workers must be able to vote for trustees of their occupational pensions under the Pensions Act 2004. In some enterprises, such as universities or NHS foundation trusts, staff can vote for the directors of the organisation. In enterprises with over 50 staff, workers must be negotiated with, with a view to agreement on any contract or workplace organisation changes, major economic developments or difficulties. The UK Corporate Governance Code recommends worker involvement in voting for a listed company's board of directors but does not yet follow international standards in protecting the right to vote in law. Collective bargaining, between democratically organised trade unions and the enterprise's management, has been seen as a "single channel" for individual workers to counteract the employer's abuse of power when it dismisses staff or fix the terms of work. Collective agreements are ultimately backed up by a trade union's right to strike: a fundamental requirement of democratic society in international law. Under the Trade Union and Labour Relations (Consolidation) Act 1992 strike action is protected when it is "in contemplation or furtherance of a trade dispute".
The National Minimum Wage Act 1998 creates a minimum wage across the United Kingdom. From 1 April 2024, the minimum wage is £11.44 for people aged 21 and over, £8.60 for 18- to 20-year-olds, and £6.40 for 16- to 17-year-olds and apprentices.
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The Industrial Relations Act 1971 was an act of the Parliament of the United Kingdom, since repealed. It was based on proposals outlined in the governing Conservative Party's manifesto for the 1970 general election. The goal was to stabilize industrial relations by forcing concentration of bargaining power and responsibility in the formal union leadership, using the courts. The act was intensely opposed by unions, and helped undermine the government of Edward Heath. It was repealed by the Trade Union and Labour Relations Act 1974 when the Labour Party returned to government.
The National Industrial Relations Court (NIRC) was established on 1 December 1971 under Section 99 of the Industrial Relations Act 1971. The NIRC was created by the Conservative government of Ted Heath as a way to limit the power of trades union in the United Kingdom. It was abolished by the Trade Union and Labour Relations Act 1974 soon after the Labour government of Harold Wilson came to power in 1974.
The Employment Act 1982 is an Act of the Parliament of the United Kingdom, mainly relating to trade unions. It increased compensation for those dismissed because of the closed shop and restricted the immunities enjoyed by trade unions.
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The Secretary of State may... make provision by regulations for levels of service in relation to strikes as respects relevant services ("minimum service regulations").