What does this legislation provide?
The Strikes (Minimum Service Levels) Act 2023 gives employers in certain essential industries the power to issue ‘work notices’ requiring employees to work during a strike so that businesses can maintain specified minimum service levels.
The Trade Union Act 2016 was implemented by the Conservative Government with the intention of ‘reforming trade unions’. Among other matters, it provides for:
- 50% turnout threshold in strike ballots;
- 40% support threshold in strike ballots for industrial action in important public services (education of those under 17, fire, health, border security, transport and nuclear decommissioning);
- ballot papers to summarise the matters in dispute and the type of industrial action proposed;
- 14 days’ notice to an employer where industrial action is intended; and
- mandates for industrial action to last for 6 months, or 9 months where agreed between union and employer.
Although the above legislation potentially afforded some safeguards for employers and consumers, their implementation has given rise to controversy and put a strain on industrial relations.
What will change?
The Strikes (Minimum Service Levels) Act 2023 is set to be immediately repealed upon the Bill receiving Royal Assent.
A large amount of the Trade Union Act 2016 is also set to be revoked two months after the Bill receives Royal Assent, without further consultation.
There are a few aspects of the Trade Union Act 2016 which will remain. These include:
- the independence from political control of the Certification Officer (regulator of trade unions and employers’ associations);
- the ballot mandate expiration date (but increased from 6 to 12 months); and
- the notice period for industrial action (reduced from 14 to 10 days).
How will this affect businesses and the workforce?
The intention behind the repeal of The Strikes (Minimum Service Levels) Act 2023 is to strengthen industrial relations and reset relationships with staff in public services.
However, on a practical level, we are unlikely to see any tangible difference because work notices have not been widely taken up.
The amendments to the Trade Union Act 2016 are aimed at reducing the ‘unnecessary restrictions and red tape’ on trade union activity. This may make it easier to organise industrial action, with the impact on employers potentially being more strikes and less time to prepare.
Organisations are encouraged to carefully review these proposed changes so that, when implemented, they do not risk increasing tensions by seeking to enforce outdated requirements.
If you would like to discuss any of the points raised in this blog, please contact a member of the Employment team.
To find out what other aspects of employment law are affected by the Employment Rights Bill, read our blog “The Employment Rights Bill – When to expect change”.
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