Network
THE practical effect of the Government’s new anti-strike bill on the rail disputes in Great Britain is awaited, after the legislation was enacted.
The Strikes (Minimum Service Levels: Passenger Railway Services) Regulations 2023 came into force on December 8, after Parliamentary approval of the Strikes (Minimum Service Levels) Act.
The Regulations, which implement the Act, apply to rail, border security and ambulance services.
Under the new regulations, if a trade union calls a strike, the employer can issue a work notice setting out the number of staff needed, and the work they are required to do, to meet the minimum service level. The decision to issue work notices is at the discretion of employers.
At the same time, the Department for Transport published guidance for train operators on how to implement the Regulations.
Contributing Writer rail@bauermedia.co.uk
This supplements existing non-statutory guidance for employers, trade unions and workers on issuing work notices, which confirms that train maintenance (with the exception of fuelling), station staff, sub-contractors, Northern Ireland Railways, freight and open access operators are not covered by the legislation.
The law covers all non-open access passenger operators and 11 light rail operators (including London Underground).
The Government says it will “reduce strike disruption and protect public services” by enforcing minimum service levels (MSLs).
Unions say they have various tactics they can use to ensure strikes continue to have an impact. ASLEF General Secretary Mick
Whelan said: “Our geographical action is an indication that we can vary tactics to accommodate whatever new legislation may put in place, to have the maximum impact.”
According to the DfT, for rail, MSLs “will provide an additional tool for train operators to reduce the impact from strike action, meaning that rail operators can aim to run 40% of their normal timetable during any strike”.
For a strike affecting infrastructure (such as Network
