On 6 August 2024, the government confirmed that it will repeal the Strikes (Minimum Service Levels) Act 2023 as part of the forthcoming Employment Rights Bill which it plans to introduce within its first 100 days (Policy Paper). The Act received Royal Assent in July 2023 and empowers the Secretary of State to specify minimum service levels (MSLs) during periods of strike action in six key sectors (see FC Feature 20 July 2023). Subsequent secondary legislation has introduced MSLs for passenger rail, ambulance services, border security and, most recently, fire and rescue services (see FC Feature 22 March 2024).
The Labour Party committed to repeal the Act in its Plan to Make Work Pay (see FC Feature 29 May 2024). Once repealed, the Act's amendments to TULRCA 1992 will be reversed and all MSL regulations will lapse. Prior to the Act's repeal, the government encourages employers to use alternative mechanisms for dispute resolution, avoiding the imposition of MSLs.
The government also highlights in the Policy Paper that, following the High Court decision in R (Aslef) v Secretary of State for Business and Trade [2023] EWHC 1781 (Admin) in which the court held that the Conduct of Employment Agencies and Employment Businesses (Amendment) Regulations 2022 were unlawful, employers are prohibited from providing agency workers to cover duties normally performed by a striking worker (see FC Feature 13 July 2023).
For the current statutory regime, see Right to take industrial action/Minimum service levels.
First published on the Employment News Service on 6 August 2024.
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