The Government has recently announced that the Strikes (Minimum Service Levels) Act 2023 will be repealed. This Act had only been introduced by the previous Conservative Government during a wave of industrial action which enabled employers to require a minimum level of service to be provided during a strike. It had applied to services that fell within the: health services; fire and rescue services; education services; transport services; decommissioning of nuclear installations of radioactive waste and spent fuel; and border security.
Why has this Act been repealed?
The Government has emphasised its commitment to promoting positive industrial relations to “ensure our workers have a voice”. It has stated in its policy that “minimum service levels (MSLs) unduly restrict the right to strike and undermine good industrial relations”. At the time of its introduction, many employers and trade unions opposed the Act as it arguably undermined and impacted employers' and trade unions' abilities to negotiate and come to resolutions on disputes. Alongside this, the Government has clearly set out that, following the High Court ruling in August 2023, which upheld the judicial review challenge on the Conduct of Employment Agencies and Employment Businesses (Amendment) Regulations 2022, employment businesses are prohibited from providing agency workers to cover the duties normally performed by a worker of an organisation who is taking part in a strike or other industrial action.
How will the Act be repealed?
The Act will be repealed through the Employment Rights Bill, with the Government announcing its commitment to do this through Parliament within the first 100 days of the Government being in power. It has stated that the upcoming Employment Rights Bill will “remove barriers to effective collective action and strengthen the rights of working people by empowering workers to organise collectively through trade unions”.
The Government has emphasised its commitment to promoting positive industrial relations to “ensure our workers have a voice”.
What does this change mean for workers and employers?
It has been at the forefront of Labour's agenda to improve employee relations and restore trust in public services, particularly since the recent industrial action and level the playing field between workers and employers. By repealing this Act, it is hoped that constructive negotiation can take place between workers, employers and trade unions, whilst boosting productivity and incomes.
Given its widespread condemnation at the time of the Act's introduction for its unworkable nature and potential prevention of a lawful strike, repealing this Act will likely be a welcomed change by workers, employers and trade unions.
This announcement had also formed part of Labour's manifesto pledge in the run up to the election so it is anticipated that the Act will be repealed fairly quickly. We shall see if any further changes are announced regarding industrial relations but this change does indicate that there will be a shift towards more employers and trade unions having meaningful negotiations and collaboration to mitigate industrial action in the future.
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