Law curbing nurses’ striking rights condemned as draconian
Posted 06 December 2023 - 07:56
Strikes (Minimum Service Levels Act) could be a legal breach, say unions and other groups monitoring UK ministers’ post-Brexit moves to change employment rules
Fresh criticisms have been levelled at a ‘draconian’ new law restricting the rights of nurses and other essential workers to strike.
More than 80 UK and European Union businesses, civil society groups and unions, including the TUC, have voiced concerns over the UK government’s controversial Strikes (Minimum Service Levels) Act 2023, which they say could be in breach of legal obligations to keep UK workers’ rights in line with those in the EU.
A joint statement to that effect was issued by organisations in the UK and EU Domestic Advisory Groups, two entities attempting to hold the UK government and EU to account about their commitments under the post-Brexit deal. It highlights concerns about the law’s impact on the government’s legal obligations under deal, which requires there be no diminution of employment rights that were in place in 2020 .
‘Nurses at risk of losing their right to strike’
The TUC said the law could mean the UK is in breach of its post-Brexit trade agreement, which includes a commitment to maintain a level playing field on labour standards across the EU and UK. It warned 5.5 million workers are at risk of losing their right to strike.
General secretary Paul Nowak said: ‘It’s an attack on the fundamental right to strike – it’s unworkable, undemocratic and very likely unlawful. It’s little wonder businesses, unions and civil society have come together to warn about this draconian legislation. The last thing they need is the UK on a collision course with the EU.’
The new legislation will allow ministers to impose minimum service levels during industrial action by nurses and those in other sectors deemed essential. It would mean nurses and other key workers could face disciplinary action or even dismissal if they refuse to comply with a work notice while on strike.
A government consultation on rules affecting hospital staff closed on 14 November. MPs are expected to discuss them soon. Minimum service levels in the ambulance service will be discussed in the House of Lords this week.
‘New law complies with all international obligations’
This is not the first time human rights concerns about the strike law have emerged – earlier this year, the TUC reported the government to the International Labour Organization, an agency of the United Nations. Multiple other organisations have also raised concerns.
A government spokesperson insisted the legislation is compatible with all its international obligations.
‘We’ve been clear that there needs to be a reasonable balance between the right of workers to strike and the rights of the public,’ they added.
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