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The Government has introduced the Transport Strikes (Minimum Service Levels) Bill (“the Bill”) with the aim to introduce minimum service levels in specified transport services during periods of strike action. If the Bill becomes law, it will amend the Trade Union and Labour Relations (Consolidation) Act 1992 (TULRCA) so that trade unions will lose their immunity from liability for industrial action if they fail to take reasonable steps to ensure that the individuals required to work in order to ensure the minimum service level do not take part in the strike.
The Bill had its first reading recently in the House of Commons and, if passed, will amend TULRCA to:
- Specify conditions on the protection of trade unions from legal action in respect of strikes relating to certain transport services where provision has been made for Minimum Service Levels (“MSLs”). The transport services will be set out by regulations after consultation.
- impose obligations on employers and trade unions to comply with a process for the setting of MSLs and enabling employers to issue work notices to require those levels to be delivered for individual strikes in specified transport services.
- Enable enforcement of the obligations on employers and trade unions.
Employers should keep an eye out for this.
To speak to a member of our Employment team, please call 01689 887 887.