- Government announces further measures to keep public services
operating if strikes called over Christmas
- Consultation launched on proposals to allow agency workers to
cover striking staff and guidance published to support employers,
trade unions and workers on issuing work notices.
- Comes as Prime Minister vowed to continue delivering vital
public services and “stop unions de-railing Christmas”.
The Government has today [16 November 2023] taken further steps
to ensure essential public services remain open during industrial
action.
Following Royal Assent of the Strikes (Minimum Service Levels)
Act in July, guidance has now been published to support
employers, trade unions and workers with issuing work notices.
Where strike action is called and where minimum service level
regulations are in place, employers can issue work notices to
identify people who are required to work to help ensure the
minimum service levels are met. Today’s guidance will support
employers, trade unions and workers on issuing these work
notices.
Earlier this week, the Government also laid a Code of Practice in
Parliament which sets out the reasonable steps trade unions
should take to ensure their members comply with work notices and
help ensure minimum service levels are met. The government
response to the public consultation on the Code of
Practice was also published.
The reasonable steps include but are not limited to, clearly
identifying members, contacting those named in a work notice and
advising them not to strike, and seeking to avoid encouraging
those named in a work notice not to cross a picket line.
If a union fails to take these reasonable steps, they will lose
their legal protection from damages claims and possible
injunctions. Last year we raised the maximum damages that courts
can award against a union for unlawful strike action. For the
biggest unions, the maximum award has risen from £250,000 to £1
million.
Business Minister said:
“The ability to strike needs to be balanced with ensuring people
continue to have access to essential services.
“Businesses should also not have their freedoms restricted by
burdensome regulations that aren’t justified. This is why we are
seeking views on removing such unnecessary rules, so businesses
are able to decide for themselves what staffing is
required.”
Last week, the government announced Minimum Service
Levels legislation is to be passed for passenger rail, ambulance
and border security staff. This legislation brings us in line
with countries like France, Italy, Spain and the US where public
services reliably continue during strikes. The International
Labour Organisation also recognises Minimum Service Levels as a
sensible solution to protect the public from serious consequences
of strikes.
The Minimum Service Levels are designed to be effective and
proportionate by balancing the ability to take strike action with
ensuring we can keep our borders secure, supporting people to
make important journeys including accessing work, education, and
healthcare, and allowing people to get the emergency care they
need.
The Government is also launching a consultation on removing
outdated regulations which currently prevent agency workers from
covering strikes. Under these proposals, agency workers would be
able to provide temporary cover in all sectors. Employment
businesses must satisfy themselves that any worker supplied is
suitably qualified in order to maintain high standards of
service.
Regulation 7 of the Conduct Regulations currently prevents
employment businesses (often referred to as agencies) from
supplying agency workers to replace workers who are taking part
in an official strike or other industrial action. Repealing this
regulation would not affect the ability of workers to strike or
the protections workers on strike currently enjoy.
It would permit, but not require, businesses to bring in agency
staff during a strike if they wish to do so and give employment
businesses more flexibility in how they support their clients
when faced with industrial action, such as strikes. It would also
allow workers the freedom to accept roles that involve
temporarily replacing workers taking part in strikes.
Notes to Editors
