Strikes, essential services and minimum service levels | Moorepay

Employment Legislation

Strikes (Minimum Service Levels) Act

Legislation

Strikes (Minimum Service Levels) Act

Date

20 July 2023

Summary

The legislation making provision for minimum service levels (MSL’s) during strikes came into force on 20 July 2023.

 

  • The controversial act is intended to dilute the impact of a strike in targeted sectors by imposing requirements on workers and their unions to keep services in those sectors operational during a strike. It restricts the protection provided to trade unions and employees in respect of strikes if minimum service levels apply.

 

  • A statutory Code of Practice on reasonable steps came into effect on 8 December 2023.

 

  • Minimum service levels have already been implemented for the rail and ambulance services (from 8 December 2023).

 

  • The Secretary of State can, and may, make regulations specifying minimum levels for other services, including other transport and health services, fire and rescue services, education services and border security.

 

What’s required by the act?

 

  • Following notification from a union of a strike, employers will be required to consult with the union regarding what minimum service levels should be, prior to giving work notices seven days before the strike.

 

  • The work notice must state which employees will be required and what work will need to be carried out during the strike.

 

  • The union will be required to take “reasonable steps” to comply.

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