Government announces tougher rules for workers planning strike action

Unions are expected to take action after the government has announced plans for tougher rules on strikes.

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Government announces tougher rules for workers planning strike action

Unions are expected to take action after the government has announced plans for tougher rules on strikes.

The plan would mean that under the strikes (minimum service levels) bill, some trade union members would have to work during a strike.

The new law would allow the government to set minimum levels of service. This must be met during a strike to ensure public safety and access to public services in critical sectors.

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    Who are included in the strike legislation changes?

    These are all the sectors that are included in the new strike action plans:

    ·       Health services.

    ·       Education services.

    ·       Fire and rescue services.

    ·       Transport services.

    ·       Decommissioning of nuclear installations and management of radioactive waste and spent fuel.

    ·       Border security.

    The minimum staffing levels are yet to be announced by the government. But employers would be able to state what workforce they need through a work notice.

    If the employees that are stated on the work notice were to strike, they would lose their protection right to an unfair dismissal.

    The government believe this will protect the public from future disruption caused by strikes.

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    Are there any workers that aren’t allowed to strike?

    There are some job roles where strikes are not permitted, as it could cause risk to the general public if they went ahead.

    This includes police officers who are banned from taking strikes.

    Other professional have an agreement to strike only if it does not risk the wellbeing of the public. These include nurses.

    What does the law say?

    By law a strike can only go ahead if most of the union members agree. This is decided by an organised vote, also known as a ballot.

    The rules for the ballot are strict. One rule is that the vote must be a postal ballot. Members have to vote on paper and return it in a prepaid envelope.

    Another rule is that employers must be given notice at least 14 days before workers go on strike. Unless the employer and union agrees to less.

    A court could prevent a strike if the rules are not followed.

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    Advice on strikes and the minimum service level

    It’s important that you know what your rights are as an employer and are aware of the new plans put in place by the government.

    If you would like more advice on what you can do as an employer – speak to one of our HR and Employment Law advisors free today at 0800 144 4050.

    The Employer’s Direct helpline is available 24/7. Fill in the form here to request a free call back.

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    FAQs

    We’re here to answer any questions you might have with expert ease.

    The legislation bill has not yet been passed. We will keep you updated on this page if anything changes. The legislation will apply to England, Wales and Scotland, but not Northern Ireland if passed.

    A union will lose its legal protection from damages if it does not comply with the legislation.

    The fire, ambulance, and rail services, are the first sectors to be consulted about by the government for the minimum strike legislation.

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