Department for Business and Trade written statement – made at on 9 September 2024.
Justin Madders
Minister of State (Department for Business and Trade), Parliamentary Under Secretary of State (Department for Business and Trade)
Minimum service levels (MSLs) unduly restrict the right to strike and undermine good industrial relations. The introduction of the Strikes (Minimum Service Levels) Act 2023 (“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 the ability of employers and trade unions to negotiate and to resolve disputes.
As such, the Government announced on 6 August that it will repeal the Strikes (Minimum Service Levels) Act 2023 to get public services back on track and strengthen the rights of working people. The Deputy prime minister and DBT Secretary of State have also written to other Secretaries of State, the First Minister of Scotland and the First Minister of Wales asking them to encourage employers to avoid imposing minimum service levels on their workforce, until the Act is repealed.
We have begun preparations to repeal the 2023 Act as part of the forthcoming Employment Rights Bill. Amendments made by the 2023 Act to the trade union and Labour Relations (Consolidation) Act 1992 (“the 1992 Act”) will accordingly be reversed and any minimum service regulations will lapse automatically 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to give work notices will legally continue until the Strikes (Minimum Service Levels) Act 2023 has been formally repealed and amendments to the 1992 Act are accordingly reversed, in this interim period we have strongly encouraged employers to seek alternative mechanisms for dispute resolution, including voluntary agreements, rather than imposing minimum service levels.
I also wish to make clear 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.
The upcoming Employment Rights Bill will remove barriers to effective dispute resolution and we will continue to work with businesses as we develop and implement our Plan to Make Work Pay.
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