Strikes (Minimum Service Levels) Act 2023
The Strikes (Minimum Service Levels) Act 2023 enables the government to set minimum service levels during strikes in certain public-facing sectors.
Who is affected: Trade unions, workers in specified sectors (health, fire, education, transport, nuclear, border security), and employers in Great Britain
What Changed
The Act inserts new provisions into the Trade Union and Labour Relations (Consolidation) Act 1992, enabling the Secretary of State to make regulations specifying minimum service levels for strike action in six specified sectors: health, fire and rescue, education, transport, nuclear decommissioning, and border security. Where a minimum service level regulation applies, a trade union calling a strike must issue a 'work notice' to participating employers identifying which workers are required to work during the strike. Failure to comply deprives the trade union of its immunity from civil liability in tort and may expose it to injunctions and damages. Workers identified in a work notice who refuse to attend may be dismissed without this being automatically unfair.
What To Do
Trade unions in affected sectors must check whether a minimum service level regulation has been made for their sector before calling industrial action and, if so, issue a compliant work notice specifying the required workers. Employers in affected sectors should update their industrial action response plans and take legal advice on the effect of any applicable minimum service level regulation. Workers instructed to work under a work notice should seek union advice on their legal position before refusing, as dismissal protections are reduced.