The UK government yesterday confirmed plans to repeal the Strikes (Minimum Service Levels) Act 2023 as part of its Employment Rights Bill.

“We are committed to ensuring that this legislation will be introduced in Parliament within the first 100 days of this government,” the government stated in a press release.

In its manifesto, Labour pledged to introduce an Employment Rights Bill.

The Labour government said its policy is that minimum service levels (MSLs) unduly restrict the right to strike and undermine good industrial relations.

“The introduction of the 2023 Act was met with widespread condemnation from employers and trade unions. Many employers across different sectors pointed to its unworkability and impact on employers’ and trade unions’ abilities to negotiate and come to resolutions on disputes.” 

It added that the Deputy Prime Minister and Secretary of State for Business and Trade have written to Secretaries of State and the First Ministers of Scotland and Wales asking them to encourage employers to avoid imposing minimum service levels on their workforce, until the Act is repealed.

Amendments made by the Strikes (Minimum Service Levels) Act 2023 to the Trade Union and Labour Relations (Consolidation) Act 1992 would accordingly be reversed and any minimum service regulations would lapse once the Employment Rights Bill has Royal Assent.

Although the ability of employers to give work notices will legally continue until the Strikes (Minimum Service Levels) Act 2023 has been formally repealed and amendments to the Trade Union and Labour Relations (Consolidation) Act 1992 are accordingly reversed, in this interim period the government stated that it ‘strongly encourages’ employers to seek alternative mechanisms for dispute resolution, including voluntary agreements, rather than imposing minimum service levels.

“The government encourages employers to engage in negotiation and discussion with trade unions, ensuring industrial relations are based around good faith negotiation and bargaining,” it added.

It also clarified that following the High Court ruling in August 2023 which upheld the judicial review challenge on the Conduct of Employment Agencies and Employment Businesses (Amendment) Regulations 2022, employment businesses are prohibited from providing agency workers to cover the duties normally performed by a worker of an organisation who is taking part in a strike or other industrial action.

“In light of the High Court ruling, it is not necessary to repeal these regulations, however the government will formally update Parliament on the position soon,” the government stated.

According to the government, the upcoming Employment Rights Bill will remove barriers to effective collective action and strengthen the rights of working people by empowering workers to organise collectively through trade unions.

“We believe this will help to usher in a new era of partnership that sees trade unions, employers and government working constructively together in co-operation and through negotiation,” it stated. “This is an important part of our plan for growth and to raise living standards for everyone, everywhere. We will do this by boosting productivity, boosting incomes and levelling the playing field so that employers who do right by their workers are no longer undercut in a race to the bottom.”

Rail union, RMT welcomed the Labour government’s intention to repeal Minimum Service Levels legislation.

RMT general secretary Mick Lynch said, “We welcome this move as an opportunity to reset industrial relations in Britain and to move to a position of negotiating just settlements to disputes rather than having trade unions attacked and demonised.”

 ”This success of ensuring the repeal of Minimum Service legislation is a direct result of the concerted efforts by the trade union movement, and we will continue to champion the interests of railway staff, seafarers and offshore workers,” Lynch added.

Deputy Prime Minister Angela Rayner told City AM, “Attempting to clamp down on the fundamental freedom of working people has got us nowhere and this was targeted at sectors who dedicate their lives to serving us all. That’s why we’re scrapping this pointless law and creating a new partnership between business, trade unions and working people through our New Deal.”

She added, “Repealing this legislation is the first part of our plan to reset industrial relations so they are fit for a modern economy.”

Unison general secretary Christina McAnea said, “This legislation should have never reached the statute book. No one wanted minimum service levels, only a spiteful government watching power drain away and desperate to shore up its rapidly disappearing support.​”

Conservative shadow business secretary Kevin Hollinrake was less enthusiastic. He said: “By surrendering to their union paymasters, Labour is showing us who is really in charge. We put the interests of the British public first through our Minimum Service Levels Act, making sure that the militant unions could not cripple the railways, schools or the NHS”.