The Trade Union Congress (TUC) has criticized the Minimum Service Levels Act (MSL) as “draconian” and argued that it impairs the workers’ ability to organize and protect their rights. In response, UK trade unions have agreed to adopt a non-compliance strategy to render the government’s strike legislation unworkable. The TUC, which represents over five million workers across various sectors in the UK economy, has resolved to build mass opposition to the MSL. The legislation, which was passed in July, applies to a wide range of workers, including those in fire and rescue, health, education, and transport.
Under the MSL, employers will have the power to require named workers to work on strike days to ensure minimum service levels for vital services like rail, ambulance, and rescue services. The Department for Business and Trade has stated that these measures will safeguard public safety and guarantee essential services during emergencies. However, the TUC believes that the legislation infringes on workers’ rights and hampers their ability to organize effectively.
To challenge the MSL, the TUC has unanimously approved a motion calling for legal action, support for demonstrations, and a national march against the legislation. The Fire Brigades Union and the teachers’ union NASUWT proposed the “non-compliance” motion. Fire Brigades Union general secretary Matt Wrack emphasized the need to campaign against anti-union laws and welcomed the Labour Party’s commitment to repeal the new legislation if they win the next general election.
The TUC plans to organize a conference to explore options for non-compliance and resistance to the MSL. While Mr. Wrack stressed that the unions do not intend to break the law, he acknowledged that members may find themselves in an untenable position. The government argues that the MSL strikes a balance between the right to strike and protecting public safety. Rail minister Huw Merriman stated that workers’ ability to take strike action should not be at the expense of the general public.
Since the beginning of the year, the UK has experienced an unprecedented number of strikes by hundreds of thousands of workers, including nurses, teachers, civil servants, and railway staff. The government is concerned about the impact of industrial action on access to emergency services and the country’s economy as a whole. It reported that over 600,000 medical appointments had to be rescheduled since December 2022, resulting in a loss of at least £1.2 billion by June 2023.
The new law aims to ensure minimum service levels to protect people’s safety, which the government emphasizes in its statement. The strikes this year have been prompted by disputes over payment and employment conditions, with junior and senior doctors, teachers, civil servants, and airport workers all taking part. While major teaching unions accepted a 6.5 percent pay rise offer from the government in August, no agreement has been reached with rail workers and junior doctors who are planning to strike in September.
By implementing the new law, the government is resorting to “illegal and immoral tactics” as it lost the argument with the unions, according to NASUWT general secretary Patrick Roach. He emphasized the need to keep fighting until the legislation is defeated and consigned to history. TUC announced that it has reported the government to the United Nations International Labour Organization over the minimum services act, stating that it falls short of international legal standards set by the UN workers’ rights watchdog. A public consultation is currently underway to provide guidance to unions on implementing minimum service levels during strikes.