Strikes (Minimum Service Levels) Act 2023

The Strikes (Minimum Service Levels) Act 2023 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 and nuclear decommissioning. 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.[1]

Strikes (Minimum Service Levels) Act 2023
Act of Parliament
Parliament of the United Kingdom
Long titleAn Act to make provision about minimum service levels in connection with the taking by trade unions of strike action relating to certain services.
Citation2023 c. 39
Introduced byGrant Shapps, Secretary of State for Business, Energy and Industrial Strategy (Commons)
Lord Callanan (Lords)
Territorial extent England and Wales, Scotland
Dates
Royal assent20 July 2023
Commencement20 July 2023
Other legislation
AmendsTrade Union and Labour Relations (Consolidation) Act 1992
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Text of statute as originally enacted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.

Background

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.[2][3][4] The bill has frequently been referred to as an anti-strike bill or anti-strike law.[5][6][7]

Provisions

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".[8][9]

Minimum service levels are not defined in the Bill, but are left to the discretion of the Minister.[10]

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.[8][11]

Passage through parliament

On 16 January 2023, MPs voted 309–249 in favour of the bill following its first reading. It then moved to the committee stage.[12]

On 30 January, MPs voted 315–246 in favour of the bill, which was then sent to the House of Lords for further debate.[13]

On 20 July, the bill passed both chambers of the UK parliament and was signed into law.[14]

See also

References
  1. eg Professor Nicola Countouris, of University College London, on PM (10 January 2023) Radio 4, at 34:10
  2. "Strikes bill: Unions criticise plans as unworkable". BBC News. 10 January 2023. Retrieved 10 January 2023.
  3. "Strikes (Minimum Service Levels) Bill" (PDF). Parliament.uk. 10 January 2023. Retrieved 10 January 2023.
  4. "Anti-strike bill: Shapps to get power to decide minimum service levels". The Guardian. 10 January 2023. Retrieved 11 January 2023.
  5. Makortoff, Kalyeena (10 September 2023). "TUC complains to UN watchdog over 'undemocratic' UK anti-strike law". the Guardian. Retrieved 19 September 2023.
  6. "UK government's anti-strike bill trashes civil liberties, says Labour". Financial Times. 16 January 2023. Retrieved 19 September 2023.
  7. Maidment, Jack (6 January 2023). "Rishi Sunak says anti-strike laws 'entirely reasonable' after union backlash". The Telegraph. Retrieved 19 September 2023.
  8. "Strikes (Minimum Service Levels) Bill 2022–23 – House of Commons Library". Retrieved 15 January 2023.
  9. "What are the Government's proposals for minimum service levels during strikes?". Eastern Daily Press. Retrieved 15 January 2023.
  10. "Anti-strike bill: Shapps to get power to decide minimum service levels". the Guardian. 10 January 2023. Retrieved 15 January 2023.
  11. "Injunctions will prevent more strikes — with unions sued for damages if they ignore them". Retrieved 15 January 2023 – via www.thetimes.co.uk.
  12. "MPs vote in favour of minimum service 'anti-strike' bill". ITV News. 16 January 2023. Retrieved 17 January 2023.
  13. "New powers to curb strike disruption approved by MPs". BBC News. 30 January 2023. Retrieved 31 January 2023.
  14. "Strikes Bill becomes law". GOV.UK. Retrieved 23 July 2023.
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