Labour Scraps “Pointless” Anti-Strike Law to Strengthen Rights of Working People

The government has announced its intention to repeal the anti-strike law as part of the upcoming Employment Rights Bill. In its New Deal for Working People, the Labour Party pledged to change strike laws to improve industrial relations. They also aim at restoring trust and efficiency in public services.

In this article, we discuss the purpose and effects of the current anti-strike law and what its repeal will mean for workers. Moreover, we will consider the responses from various sectors and the overall impact of the repeal.

Anti-Strike Law to be Repealed by Labour Party

What Are the Current UK Laws?

In 2023, the Strikes (Minimum Service Levels) Act 2023 (“the Strikes Act”) came into force. The purpose of the Strikes Act was to ensure a minimum level of service, even during strike action. The idea behind this was to keep public services running smoothly despite the industrial discontent.

In effect, the anti-strike law gave employers the power to oblige their employees to continue working during strike action. The government could impose strike restrictions on specific public services, including health, education, fire, transport, border security, and nuclear decommissioning sectors.

Ultimately, according to business secretary Jonathan Reynolds, the anti-strike law did not resolve any strike action. Rather, they “only served to inflame tensions” and the UK in fact lost more days to strike action than France or Spain.

What Changes to Strike Laws Can Workers Expect?

During its election campaign, the Labour Party promised to repeal the Strikes Act if it came into power. It said at the time that the anti-strike law was anti-union and contrary to its New Deal for Working People. Now, the government will be using the new Employment Rights Bill to repeal the Strikes Act.

Deputy Prime Minister, Angela Rayner, has acknowledged the ineffectiveness of the anti-strike law, calling it “pointless”. She states, “Attempting to clamp down on the fundamental freedom of working people has got us nowhere and this was targeted at sectors who dedicate their lives to serving us all.” She further adds, “Repealing this legislation is the first part of our plan to reset industrial relations so they are fit for a modern economy.”

The government has already written to various departments and the first ministers of Wales and Scotland regarding the imminent repeal. Whilst the anti-strike law remains in force for now, the government has made its position clear on its application. They have discouraged employers from using minimum service levels introduced by the anti-strike law.

Instead, public service providers, such as the NHS, are being encouraged to engage in discussions with trade unions in the event of strike action. This effectively reverts the position back to before the passing of the anti-strike law last year.

Responses to the Repeal of Anti-Strike Law

The announcement of the anti-strike law’s repeal has seen a great deal of support from various industries. It seems that not only trade unions, but employers as a whole are welcoming that the Strikes Act will cease to exist.

Health and Care Sectors Believe This Will Improve Workers’ Rights

Having opposed the anti-strike law since its conception, the Royal College of Nursing is delighted about its imminent repeal. They stated that the Strikes Act was “harmful to industrial relations” and have called the government’s current actions a “mature approach”.

Professor Nicola Ranger, CEO of the RCN, has stated: “Nursing staff are a safety critical workforce in health and care services, and when you prevent them from speaking out you put patients at risk.”

The BMA will be similarly pleased to see the back of the anti-strike law, which it has described as “draconian”. According to Professor Phil Banfield, chair of the BMA council, these measures “belong in the dustbin of legislative history.” He says, “The way to a better health service is not through suppressing its workers in the name of “safety” but by collaborating with them to make sure that we have an NHS that is safe and effective every day.”

The Chartered Society for Physiotherapists has welcomed the changes to strike laws and is optimistic about industrial relations going forward. It said that the Strikes Act damaged unions’ abilities to represent the best interests of their members and that its repeal would improve workers’ rights.

The Anti-Strike Law is “Unworkable”

Community, the educator’s union, has expressed relief that the Labour Party has upheld this key promise in its New Deal for Working People. Helen Osgood, its national officer for education and early years, has said that repealing the anti-strike law will support educators and ensure that they feel valued and respected.

The National Union for Rail, Maritime and Transport Workers (“RMT”), is also pleased about the Strikes Act’s repeal. Craig Johnston, RMT relief regional organiser, reflected that the anti-strike law had always been “unworkable” and that it had effectively prevented settlements from being reached. The changes to strike laws will, says Mr Johnston, bring a “more level playing field to industrial relations.”