New minimum service levels announced for strikes in key public services

The government has announced new guaranteed minimum service levels for a range of public services during strike action to mitigate the disruption to the public during industrial disputes.

Minimum service levels are proposed for rail, ambulance and border security staff, and seek to balance the ability of workers to take strike action while ensuring the public are protected from serious consequences of withheld labour. Similar legislation is already in place in a number of other countries, including France, Italy, Spain and the USA.

The government has already undergone a consultation process on proposals following the Strikes (Minimum Service Levels) Act which received Royal Assent in July, with the results published on 6th November. The changes follow regular strike action over the past year across a range of sectors amid pay disputes heightened by the ongoing cost-of-living crisis. Previously, the armed forces and civil service have stepped in to fill the roles of striking workers, and the government is considering repealing rules that prevent agency workers being used for this purpose.

For border security, the regulations will apply to employees of Border Force and selected HM Passport Office staff where passport services are required for the purposes of national security and to ensure they are no less effective than typical working. All ports and airports will also be required to remain open on strike days.

Rail operators will be required to meet a minimum service level equivalent of 40% of the normal timetable, with priority routes remaining open.

Regulations for ambulance workers will ensure sufficient staff remain working to ensure life-threatening cases are responded to.

The Department for Education and unions in the sector are also currently in negotiations to introduce minimum service levels on a voluntary basis for schools and colleges, with a consultation on service levels for universities already underway.