Unions angry at government bill seeking minimum service levels

A furious reaction greeted former Prime Minister Liz Truss’ announcement of a new law to force minimum service levels (MSL) for transport on strike days - a promise in the Conservative’s 2019 election manifesto.

Scottish Government Transport Minister Jenny Gilruth wrote to the UK Government urging it to exclude Scotland from the Bill, saying it “would be an unacceptable erosion of the Scottish Government’s devolved responsibility for transport”.

The Transport Strikes (Minimum Service Levels) Bill means that even during the most disruptive strikes, a certain level of service will still run. The bill proposes:

A minimum service level - if not delivered, unions lose legal protections from damages.

Employers specify workforce required - unions must take reasonable steps to ensure ‘specified’ minimum number of workers on strike days.

Specified workers who still strike lose protection from unfair dismissal

The Bill covers the legal framework for MSLs to be set, implemented and enforced. The specific details of how MSLs will apply will be set out in secondary legislation, following a public consultation.

The Department for Transport, which has prepared the legislation, says the intention is that employers and unions agree a MSL for all strikes over a three-month period. If a MSL cannot be agreed, an independent arbitrator - the Central Arbitration Committee - will determine the MSL.

The Bill had its First Reading on October 20 and is unlikely to become law until 2023.

In a short statement, the Rail Delivery Group said: “MSL legislation is a matter for Government, and we will operate within their framework to balance the right to strike with minimising disruption to passengers.

“Our focus remains reaching a fair deal with the unions which rewards our people with a pay rise, and delivers the reforms needed to improve reliability and punctuality.”

Labour’s Shadow Transport Secretary Louise Haigh said: “Instead of attacking working people, ministers should finally do the job of a responsible government, get around the table, and find a resolution to this dispute.”

Union leaders lined up to condemn the bill.

ASLEF General Secretary Mick Whelan said: “Train companies don’t want to run MSLs because they know it’s a stupid idea.

“What happens when 100% of passengers try to get on 40% MSL trains?”

RMT General Secretary Mick Lynch added: “I call upon all workers in Britain to mount the fiercest civil resistance possible, in the proud traditions of the Chartists and Suffragettes.”

And TSSA General Secretary Manuel Cortes said: “We will fight tooth and nail any attempt to stop our members from exercising their human rights. The difference between a slave and a worker is the ability of the latter to withdraw their labour.”