Update on Strikes (Minimum Service Levels) Bill - House of Lords Defeats House of Commons on Recent Amendments
Since the Government introduced the Strikes (Minimum Service Levels) Bill (the Bill) to Parliament in January 2023, a continuing tug-of-war has ensued between the House of Lords and the House of Commons.
On 8 June 2023, the House of Lords reinstated key amendments to the Bill, aligning with the changes it had previously voted for during the report stage, only to have them subsequently voted down by the House of Commons. The amendments put forth by the House of Lords include the following:
Consultation on Minimum Service Levels (MSLs)
The Government would be required to consult with both the House of Commons and the House of Lords before specifying any MSLs. This amendment seeks to ensure that decisions regarding minimum service levels are made collaboratively and with input from both houses.
Protection of Employees
Employers would be mandated to ensure that individuals have received 'work notices' (ie notices that they must continue work during strike action in order to maintain minimum service levels). Furthermore, a failure to comply with a work notice would not be considered a breach of an employee's employment contract, nor would it provide lawful grounds for dismissal or any other form of detriment.
Trade Union Responsibility
The requirement for trade unions to take reasonable steps to ensure employee compliance with work notices would be removed.
The Bill will now return to the House of Commons where the amendments made by the House of Lords may well be voted down again.
We will keep you informed about the progress of this important piece of legislation.