The Strike (Minimum Service Levels) Bill is currently passing through the UK parliament. Get the lowdown on what it might mean for future nursing strikes in England, Scotland and Wales.
What’s being proposed in the bill?
- In health and other areas, the Secretary of State for Business and Trade would have the power to set minimum service levels during strike action, although the UK government says it hopes to reach voluntary agreements with unions.
- The Secretary of State would be able to decide what those minimum service levels are following a consultation.
- Some employees would have to work during a strike. They could be sacked if they refuse.
- Employers could issue "work notices" to unions, setting out who must work during a strike.
- There would be no automatic protection from unfair dismissal for employees who choose to strike if they’ve been told to work through a notice.
- Employers could sue unions for losses if they don’t take “reasonable steps” to ensure work notices are adhered to.
Why’s the bill being proposed?
The UK government says the legislation, if introduced, would protect the lives and livelihoods of the public by providing continued access to certain services during strikes. They therefore want to impose regulations that could make some strike less effective by requiring a base level of service. Some of these services may be safety critical, but the bill isn’t limited to safety critical services.
What’s the RCN’s stance on it?
We strongly oppose the bill and are calling for it to be dropped after an independent review concluded it was “not fit for purpose”. If the proposals become law, nursing staff could be among many professionals who lose their jobs for taking otherwise lawful strike action.
The Trade Union and Labour Relations (Consolidation) Act 1992 already makes it an offence to take industrial action in the knowledge or belief that human life will be endangered, or serious bodily injury caused. We believe the current statutory arrangements are sufficient, and that actually, the bill is a distraction from the real issues at the heart of our ongoing dispute in which patients are being left unsafe every day by a chronic lack of investment in our health and care system.
The UK also already has some of the strictest anti-trade union law in Europe and under existing legislation, people who take illegal strike action can already be sacked.
The present UK government has already passed the Lobbying and Trade Union Administration Act 2014, the Trade Union Act 2016 and introduced regulations allowing employers to employ agency workers to break strikes.
What's the RCN doing to oppose the bill?
We’re making sure the concerns of nursing staff are heard by parliamentarians as the bill passes through parliament and are working with stakeholder organisations, including the Trades Union Congress, to lobby parliamentarians to block the bill. We’ve been engaging with parliamentarians, providing regular briefings and meeting with them and stakeholders, asking them to oppose the bill and highlight the impact on nursing staff and wider colleagues in the public sector.
Will this have an impact on the RCN’s ongoing dispute?
No. If the current talks don’t result in a satisfactory offer to nursing staff and strike action is resumed, this bill won’t affect RCN strike action during the course of our present mandate to conduct strikes, which lasts until May 2023. The bill needs to complete its passage through parliament first. Although it’s likely the bill will become law due to the majority held by the Conservative government, nothing will become law until later this year.
Where will the legislation apply?
If passed, it will apply in England, Scotland and Wales, but not in Northern Ireland.
What's the latest on strike action?
Find out more about our Fair Pay For Nursing campaign and get updates on strike action.
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