Minimum service levels code

The government has published its response to the consultation that took place in 2023 on a statutory Code of Practice on the “reasonable steps” trade unions should take to comply with new minimum service levels (MSLs) during strikes.

The Strikes (Minimum Service Levels) Act 2023 received Royal Assent in July 2023, enabling MSLs to be implemented through regulations, affecting a range of sectors from transport to health.

If an MSL is in place and a union gives notice of strike action, the employer can issue a “work notice” specifying people needed to work.

Unions must then take “reasonable steps” to ensure affected members comply. Failing to comply could result in unions losing statutory protection, such as from unfair dismissal, leading to members facing disciplinary action.

The government has updated the draft Code following the consultation, setting out the “reasonable steps” to be followed.

These include: identifying members on a work notice; “encouraging” members to comply; instructing picket supervisors; and ensuring unions don’t undermine any of these steps.

Details of what should be in a compliance notice, together with a template, are set out in the Code.

The TUC strongly opposes the legislation and the use of a statutory code to regulate trade union activity, seeing it as seeking to restrict the fundamental right to strike by the back door.

The consequences could include injunctions or payment of damages, and prolonging disputes.