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Government Repeals Strikes Act to Strengthen Workers’ Rights and Public Services

Employment Law Review 22 August 2024

 

The government has announced the repeal of the Strikes (Minimum Service Levels) Act 2023, aiming to get public services back on track and strengthen the rights of working people. The repeal removes a Draconian law (that only sought to widen the inequality of bargaining power in the employment relationship) is a welcome move to hand power back to union members and will be part of the forthcoming Employment Rights Bill, set to be introduced within the first 100 days of the new administration. 

Key Highlights 

  • Repeal of Minimum Service Levels: The Employment Rights Bill will eliminate the Minimum Service Levels provisions, which have been criticised for restricting workers' rights and undermining industrial relations. 
  • Commitment to Public Services: The government is focused on restoring and improving public services, with a strong emphasis on fair negotiation and addressing worker issues such as low pay, inequality, and discrimination. 

Deputy Prime Minister Angela Rayner emphasised the importance of respecting workers’ rights: 

"Attempting to clamp down on the fundamental freedom of working people has got us nowhere. That’s why we’re scrapping this pointless law and creating a new partnership between business, trade unions, and working people through our New Deal." 

Business Secretary Jonathan Reynolds highlighted the failure of the Strikes Act and the need for effective negotiations: 

"The Strikes Act has not worked. The UK has lost more days due to strike action than France, costing the taxpayer billions. By removing minimum service levels, we will reset industrial relations, so they are based on good faith negotiation and bargaining, ending the chaos and restoring trust in public services." 

Sector Impact and Next Steps 

  • Healthcare: Health and Social Care Secretary Wes Streeting noted the Act's failure to resolve strikes and its cost to the NHS. He praised the government's engagement with the BMA Junior Doctors’ Committee, which led to a resolution in just over three weeks. 
  • Education, Transport, and Energy: Relevant ministers have been directed to engage with employers in their sectors, encouraging discussions with trade unions to resolve disputes through negotiation rather than relying on minimum service levels. 

Engagement with Local Authorities 

Letters have been sent to the 12 metro mayors and key government departments to start engaging with local employers about the upcoming changes, underscoring the government's commitment to resetting relations in these vital sectors. 

Conclusion 

The repeal of the Minimum Service Levels provisions is a significant victory for workers across the UK. These provisions have been widely criticised for restricting workers' rights and undermining the ability to conduct effective industrial actions. By removing these restrictions, the government is reaffirming its commitment to upholding the fundamental freedoms of working people, ensuring their voices are heard and respected. 

We are particularly encouraged by the government's emphasis on fair negotiation and addressing critical worker issues such as low pay, inequality, and discrimination. The Strikes Act failed to address the root causes of industrial actions, leading to more disruptions and costing the public sector dearly. By focusing on good faith negotiations and bargaining, the government is taking a constructive approach that we hope will help restore trust and cooperation between employers and workers.