The repeal of the Strikes (Minimum Service Levels) Act 2023, announced on 6 August 2024, marks a significant shift in UK employment law. The Act, introduced by the previous Conservative Government, mandated minimum service levels during strikes in six key sectors: health services, fire and rescue services, education services, transport services, decommissioning of nuclear and radioactive waste, and border security. The Labour Government, which has always opposed the Act, argues that it unduly restricted the right to strike and undermined the ability of unions to negotiate and resolve disputes effectively.
Impact on employers
Changes in strike management
With the repeal, employers will no longer have the statutory backing to enforce minimum service levels during strikes. This means that during industrial action, employers in the affected sectors will need to revert to pre-2023 practices, relying more on negotiation and less on statutory mandates to ensure continuity of services. Employers are encouraged to engage in discussions with trade unions to manage strike actions effectively, as the government has discouraged the use of minimum service levels introduced by the now-repealed Act.
Legal and operational adjustments
Employers must adjust their legal and operational strategies to align with the new legislative environment. This includes revisiting policies on handling industrial action and ensuring compliance with the remaining legal requirements for strikes, such as the need for a valid secret postal ballot and the 40% threshold for important public services. Employers should also be aware of the potential for increased industrial action, as the repeal may embolden unions to strike without the constraints previously imposed by the Act.
Implications for trade unions
Enhanced negotiation power
The repeal is seen as a victory for trade unions, enhancing their ability to negotiate without the limitations of minimum service levels. Unions can now organise strikes with fewer legal constraints, potentially leading to more effective industrial actions. This change is expected to improve industrial relations by fostering a more balanced negotiation environment between employers and unions.
Legal protections and challenges
While the repeal removes certain restrictions, unions must still comply with existing legal requirements for strikes. The Supreme Court's decision in Secretary of State for Business and Trade v. Mercer [2024] highlighted the need for legislative protection for striking workers against detriment short of dismissal, aligning with Article 11 of the European Convention on Human Rights. This decision underscores the importance of ensuring that any new legislation or amendments to existing laws protect the rights of workers participating in lawful strikes.
Practical steps for employers
Communication and policy review
Internal Communication: Inform employees about the changes resulting from the repeal and how it affects their rights and responsibilities during industrial action.
Policy review: Update internal policies to reflect the repeal, ensuring that procedures for handling strikes are compliant with the current legal framework.
Engagement with trade unions
Negotiation: Engage proactively with trade unions to negotiate terms and conditions, aiming to prevent industrial action through constructive dialogue.
Dispute resolution: Develop robust dispute resolution mechanisms to address grievances and conflicts before they escalate into strikes.
Legal compliance
Ballot requirements: Ensure that any industrial action complies with the legal requirements for a valid secret postal ballot and the 40% threshold for important public services.
Legal Advice: Seek legal advice to navigate the complexities of the new legislative environment and to ensure compliance with all relevant laws and regulations.
Additional considerations
Impact on public services
The repeal is expected to have a significant impact on public services, particularly in sectors like health and transport, where minimum service levels were crucial. Employers in these sectors must prepare for potential disruptions and develop contingency plans to maintain essential services during strikes.
Future legislative changes
The Labour Government's commitment to promoting positive industrial relations and empowering workers suggests that further legislative changes may be on the horizon. Employers should stay informed about potential amendments to employment laws and be prepared to adapt their strategies accordingly.
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