Government Scraps the Strikes Act 2023
2023 saw a year of strikes in many public services which partially led to the previous government implementing the Strikes (Minimum Service Levels Act) 2023 which set out industry specific minimum service levels to be maintained during strike action. We have also seen many strikes this year, from bin services to NHS affected.
The intention of the Act was to avoid the disruption caused by the strikes especially on sectors including education, health, transport, etc. However, the new government have confirmed they do not support the minimum service levels and intends to repeal the act completely.
The Deputy Prime Minister has gone one step further stating the act was “pointless law” and that the government “plans to reset industrial relations so they are fit for a modern economy”.
As it stands, no employer has used the Act since it was introduced in 2023, which allows a work notice to be issued ahead of a strike setting a minimum level of service. The government is advising businesses not to implement this now. Instead, businesses are encouraged to seek alternative mechanisms for dispute resolution, including voluntary agreements, and to engage in negotiation and discussion with trade unions – ensuring industrial relations are based around good faith negotiation and bargaining.
Generally, nothing has changed since the Act was implemented and nothing should change going forward. The Act has not been used and those businesses who could have used this have likely made the decision that the risk of doing so was too high. Where strikes continue, the message for employers is clear, that genuine negotiations should be entered into with representatives and the unions to seek an agreed outcome and minimise the disruption.
The government have been clear that their aim is to reset industrial relations and end the chaos of the strikes, whilst restoring trust in public services. We will see the formal repeal in the upcoming Employment Rights Bill which will be introduced within the first 100 days of the new government.
We will continue to share updates with you as they come – and when the formal Employment Rights Bill is issued we will review this and what this means for businesses.
If you have any queries regarding any of the points above and what they might mean for your business, or if you have a query on another area of employment law, our friendly and professional team are here to help.
Explore how our team can support your business on our website, speak with us on 01246 555 111, or contact one of the team directly below:
Amy Hallam
Head of Employment
t: 0114 349 6989
e: amy.hallam@brmlaw.co.uk
Ellie Leatherday
Associate
t: 01246 564002
e: ellie.leatherday@brmlaw.co.uk
Jade Taylor
Trainee Solicitor
t: 01246 560587
e: jade.taylor@brmlaw.co.uk
