The first Minimum Service Level regulations have come into force. Following Parliamentary approval, the regulations are set to apply in the rail sector and border security and ambulance services.
For the rail sector, Minimum Service Levels will provide an additional tool for train operators to reduce the impact from strike action, meaning that rail operators can aim to run 40 percent of their normal timetable during any strike.
For a strike affecting infrastructure services, certain key routes will also be able to stay open and for longer than is normally the case during strikes.
Minimum Service Levels are already in force in countries such as France, Spain and the US, and the government says new UK regulations have been carefully designed to help reduce the impact of industrial action by balancing the ability of workers to strike and the rights of the public to get to work and access key services.
The Statutory Code of Practice has also come into force which sets out the steps trade unions should take to ensure their members comply with work notices and help ensure minimum service levels are met, following a public consultation. Where minimum service level regulations are in place and strike action is called, employers can issue work notices to identify people who are reasonably required to work to ensure minimum service levels are met.
The law requires unions to take steps and ensure their members who are identified with a work notice comply and if a union fails to do this, they will lose their legal protection from damages claims. Last year, we raised the maximum damages that courts can award against a union for unlawful strike action. For the biggest unions, the maximum award has risen from £250,000 to £1 million.
Rail Minister Huw Merriman said: “Strikes cause stress and disruption to passengers and businesses and, whilst there is no silver bullet to mitigating the disruption from strikes, these regulations deliver a manifesto promise and will enable employers to reduce the impact from strikes.
“As the Government, we have a duty to ensure the public can access key services, and while it is important workers maintain their ability to strike, this must not come at the cost of people getting to work, accessing healthcare or education.”
