Minimum service levels - Government publishes guidance on issuing work notices
The Department for Business and Trade has issued guidance on the issuing of work notices in relation to minimum service levels during strike action.
Background
The Strikes (Minimum Service Levels) Act 2023 (Act) allows the Government to set minimum services levels in 'relevant services', including education, health, and fire and rescue. These minimum service levels must be preserved during periods of strike action. In order to do so, affected employers will be able to issue 'work notices' to require certain workers to refrain from taking strike action. A draft code of practice has been issued to help unions understand how to take 'reasonable steps' to comply with the Act.
Guidance on issuing work notices
The Government has now also published non-statutory guidance for employers, trade unions and workers on issuing work notices. It summarises the steps to be taken before and after a trade union gives a strike notice to an employer in one of the relevant services.
The guidance states that employers should consider whether they can achieve the minimum service level without issuing a work notice. It encourages voluntary agreements to cover the provision of minimum services during strike action.
If an organisation does issue a work notice, it must be given to the union a minimum of seven days before the strike. The guidance recommends that employers develop their approach to identifying the work and workers required to meet a minimum service level - as well as their approach to preparing and issuing a work notice.
Employers are not required to notify identified workers of their inclusion in a work notice. However, the guidance suggests that they should notify these workers individually, and should do so as soon as reasonably practicable after a work notice has been given to the union.
Comments
This is non-statutory guidance, which means that courts and Tribunals can choose whether to take it into consideration in relevant cases. Wherever possible, our recommendation is that employers should seek to follow the guidance in order to ensure compliance with their obligations under the Act.