On 6th August 2024, the Government announced the Minimum Service Levels Act 2023 will be repealed with a view of getting public service back on track following waves of increased unrest.
The legislation was introduced with the aim of preventing employees who did not have a certain length of service from taking strike action to reduce the volume of staff taking part.
The aim of the Act, which was introduced by the previous government, was to ensure that a certain level of service would always be maintained during strike action, this applied to services such as Fire & Rescue services, border security, passenger rail, and the ambulance service. The new Government see this Act as unduly restricting the right to strike, which can have a negative impact on industrial relations, this can lead to increased absence and employee turnover which will be more costly and longer lasting than strike action along with a company gaining a bad reputation as an employer.
The new Government want to commit to promoting positive industrial relations meaning all employees have a voice. They have appealed to businesses to find alternative ways to resolve disputes in the interim and not to rely on the Act. Whilst the legislation will remain in place until it is formally repealed, employers should be encouraged to seek alternative mechanisms for dispute resolution, including voluntary agreements, rather than imposing minimum service levels. Alternative dispute resolution can resolve disputes such as mediation, arbitration and neutral evaluation, this is generally less confrontational, less formal and less stressful.
The government has also made clear that, following the judicial review employers are also prohibited from recruiting agency staff to cover striking workers on industrial action days.
Data shows us that the UK has lost more days from strike action than France, costing the taxpayer billions of pounds, in addition, the new Act has not resolved a single strike since it was introduced.
Labour aims to reset industrial relations so that they are based on better more quality relations, fairer negotiations and good faith negotiations.
The forthcoming Employment Rights Bill is expected to begin the parliamentary process in October 2024.
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