Government Repeals the Minimum Service Levels Legislation and gives back to ambulance workers the right to strike
GMB has been campaigning against the introduction of minimum service levels during industrial action across the ambulance service, hospital and education settings, since the previous government introduced them.
The Labour Government have today announced that preparations are underway to repeal the Strikes (Minimum Service Levels) Act 2023 (“the 2023 Act”).
The Department of Health & Social Care have written to GMB with the following message:
“The 2023 Act enables minimum service levels (MSLs) to be applied to specified services by regulations within these sectors during strike action. As you will be aware, the previous government introduced Ambulance Service Minimum Service Levels Regulations, which came into force in December 2023.
This Government believes that the 2023 Act unduly restricts the right to strike and undermines good industrial relations and their ‘Plan to Make Work Pay’ pledged to repeal the 2023 Act to give trade unions the freedom to organise, represent and negotiate on behalf of their workers.
The Government has begun preparations to repeal the 2023 Act as part of the forthcoming Employment Rights Bill, which will be introduced in parliament within the first 100 days of the new Government. Amendments made by the 2023 Act to the Trade Union and Labour Relations (Consolidation) Act 1992 would accordingly be reversed and any minimum service regulations would lapse automatically once the Employment Rights Bill has Royal Assent. Therefore, once the 2023 Act is repealed, the Ambulance Service Minimum Service Levels Regulations would cease to apply in law.
A response to the previous government’s consultation which sought views and evidence on bringing forward minimum service levels regulations for hospital services during strike action will not be published.
Although the ability of employers to give work notices will legally continue until the 2023 Act is formally repealed and amendments to the 1992 Act are accordingly reversed, in this interim period we strongly encourage employers and trade unions to seek alternative mechanisms for dispute resolution, including voluntary agreements, rather than imposing minimum service levels on the workforce. We encourage them to engage in negotiation and discussion, ensuring industrial relations are based around good faith negotiation and bargaining.
We also want 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 an employee 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 in due course.
We will be in touch in due course to confirm once the new Employment Rights Bill has received Royal Assent and the 2023 Act has formally been repealed.
We want to thank you for all your support and cooperation during the MSL lifecycle and look forward to continuing to work with you.”
GMB has issued the following statement:
REPEALING “GIMMICK” MINIMUM SERVICES ACT RESETS INDUSTRIAL RELATIONS – GMB
Responding to the Government’s plans to repeal the Minimum Services Level Act, Rachel Harrison, GMB National Secretary, said:
“This is a reset to industrial relations – and a vital step towards building a fairer world of work.
“The Minimum Services Level Act was always about the previous Tory Government shifting blame from themselves onto striking workers.
“The legislation would have led to prolonged strikes, entrenching industrial disputes, all while failing to tackle the root of problems in our public services. It was a gimmick – which is why it was never used.
“It is a refreshing change to see Government Ministers wanting to listen to frontline workers in our NHS, schools and public services rather than strong arm them with ill-conceived laws.”
Posted: 17th September 2024