Monica Atwal outlines the changes employers need to be aware of following the government’s repeal of the Strikes Act.

On 6 August 2024, the Government announced that the Strikes (Minimum Service Levels) Act 2023 will be repealed. The Act had only been introduced by the previous Conservative Government which enabled employers to require a minimum level of service to be provided during a strike in six specific sectors: health services; fire and rescue services; education services; transport services; decommissioning of nuclear and radioactive waste; and border security. The Labour government had always been very vocal about their opposition to this piece of legislation and the principal that it unduly restricted the right to strike. It undermined the ability for unions to negotiate and come to resolution in disputes.

Currently, in order to strike there must be a dispute and a valid secret postal ballot verified by an independent scrutineer. Only those entitled to vote in the ballot can participate and a majority voting in the ballot must vote in favour. For important public services, there is an additional requirement that at least 40 per cent of those who were entitled to vote in the ballot answered yes to the industrial action question. That 40 per cent threshold has not been repealed. It is understood that no employer sought to rely on the above. Last year when there was industrial action, there were significant votes in favour of the industrial action.

Read the full article: Strikes Act repeal – what are the legal implications? (peoplemanagement.co.uk)

Employers need to be planning now for the changing landscape.