The TUC says it will fight new anti-strike legislation “every step of the way”, following the introduction of a new law that will mandate how many people must stay in their post during a strike.
The Strikes (Minimum Service Levels) Bill will control how many members of staff must stay in their position during a strike. Under the Bill, employers will be able to issue a work notice to specify which staff are required to meet minimum service levels during strikes. Workers who strike after being told by employers they have been named in a work notice will lose their right to automatic protection from unfair dismissal, leaving them facing the sack.
Rishi Sunak said the legislation to ensure minimum service levels during strikes was “entirely reasonable”. However, the Trades Union Congress (TUC) believes there could be grounds for an appeal based on possible breaches of human rights laws.
Tim Sharp, a senior policy officer for employment rights at the TUC, said the priority was to battle the legislation in parliament but that they would “definitely be looking at its compatibility with human rights legislation.” He said:
“It seems to us it’s very likely to be illegal. So, our priority will be fighting this in Parliament and fighting it politically. But we will definitely be taking our view on whether there’s potential here for further legal challenges as well.”
The TUC will hold a national ‘protect the right to strike’ day on Wednesday 1 February. Events will take place in different parts of the country against the Conservative’s new anti-strike legislation. Members of the public will be invited to show their support for workers taking action to defend their pay and conditions.
The union body says the government’s new anti-strike plans are unworkable and almost certainly in breach of international law.
TUC General Secretary Paul Nowak said:
“The right to strike is a fundamental British liberty – but the government is attacking it in broad daylight. These draconian new curbs will tilt the balance of power even more in favour of bad bosses and make it harder for people to win better pay and conditions. Nobody should lose their job if they take lawful action to win a better deal. But ministers have gone from clapping our key workers to threatening them with the sack. Unions will fight these plans every step of the way – including through parliament and through the courts.
“On 1 February we will hold events across the country against this spiteful new Bill – which is unworkable and almost certainly illegal. We will call on the general public to show support for workers taking action to defend their pay and conditions, to defend our public services and to protect the fundamental right to strike.”
On the need for the government to follow the example of the private sector, Nowak added:
“The government should be following the example of many employers in the private sector who have sat down with unions and agreed fair pay deals. But, instead, ministers are drawing up plans that will succeed only in escalating disputes and driving workers away from wanting to work in our public services.”