Industrial Action - Minimum Service Levels During Transport Strikes
The Government has introduced draft legislation to provide for minimum service levels in specified transport services during periods of strike action.
Protecting Industrial Action
Trade unions are liable in law if they endorse or authorise industrial action that would induce employees to commit a breach of contract, unless the industrial action is 'protected.' Part 5 of the Trade Union and Labour Relations (Consolidation) Act 1992 (TULRCA) sets out the circumstances under which industrial action will be protected for these purposes.
In the Conservative Party's 2019 manifesto, and the Growth Plan published in September 2022, the intention was set out to require minimum service levels during transport strikes. The Transport Strikes (Minimum Service Levels) Bill (Bill) has now been introduced to the House of Commons.
Providing Minimum Service Levels
The Bill sets out a legal framework for providing minimum service levels in specified transport strikes. It would do this by amending part 5 of TULRCA, so that in order to be protected, a trade union would need to take reasonable steps to ensure individuals who need to work to deliver minimum service levels do not take part in the strike.
The Bill has passed its first reading at the House of Commons. We will continue to report on its progress.
For further information on the Bill, please contact Al Cook in our Public Sector team on 0117 314 5466, or alternatively, complete the form below.