Government to set minimum service levels during strikes

Which services will be affected?

The Government has introduced legislation into Parliament which, if passed, will allow it to set minimum levels of service during strikes. The Strikes (Minimum Service Levels) Bill aims to mitigate disruption caused by strikes by allowing the Government to set minimum service levels in the following services:

· Transport

· Health

· Fire and rescue

· Education

· Border security; and

· Decommissioning of nuclear installations and management of radioactive waste and spent fuel.

Fire, ambulance and rail services

The Government can choose which services within these categories will be subject to minimum service levels, but its press release accompanying the Bill indicates that fire, ambulance and rail services will be targeted first and it will consult before it sets minimum service levels for these services.

Other services

The Government also says that it hopes that it will not have to use its powers for other sectors included in the Bill, such as education, other transport services, border security, other health services and nuclear decommissioning. It expects parties in these sectors to reach a sensible and voluntary agreement between themselves on delivering a reasonable level of service when there is strike action. However, it will keep this under review and step in and set minimum service levels if necessary.

How will it work?

Where a minimum service level has been set and the union has notified the employer of a strike, the employer will then be able to notify the union of who will be required to work during the strike and what work they will be required to do, in order to ensure minimum service levels are met. The employer will have to consult the union first about numbers needed and the work to be done and have regard to the union’s views. The employer must not identify more persons than are reasonably needed in order to provide the minimum level of service set by the Government and it cannot choose people based on whether they are a union member or not.

Ensuring compliance

A trade union will lose its immunity from liability in tort (for inducing workers to breach their contracts by striking) if it fails to take reasonable steps to ensure that its members identified by the employer, work during the strike. However, the union’s liability in damages will be limited to losses incurred as a result of its failure and will not extend to losses that the employer would have suffered anyway.

If an employee identified as someone required to work nevertheless takes part in the strike, they will lose their automatic protection against unfair dismissal.