Strikes (Minimum Service Levels) Bill

Debate between Lord Bishop of Guildford and Lord Woodley

Report stage
Wednesday 26th April 2023 Lords Chamber

[The Lord Bishop of Guildford]

My Lords, I will speak in support of Amendment 4, to which my friend the right reverend Prelate the Bishop of London has signed her name. Bishop Sarah sends her apologies that she cannot be here, but we both strongly support the amendment, not least given reports that many important voices across the healthcare world, including the Royal College of Nursing and NHS Providers, are similarly supportive.

The basic principles and urgency of the Bill are understandable, given the events of the past months. At the same time, those events themselves reflect the very low levels of morale and trust across many of our essential services, and an overly robust approach at this point would only exacerbate the situation further— in effect, pouring fuel on the fire. The idea that the failure to comply with a work notice should be regarded as a breach of contract or grounds for dismissal, thereby removing existing protections for the employee under the 1992 Act, would seem to reflect that overly robust approach. Were this amendment to be passed, the relevant trade union would still hold some liability, ensuring that this would still remain a useful and functioning Bill.

My friend the right reverend Prelate is understandably concerned about this from a healthcare angle, particularly given her former role as the youngest ever Chief Nursing Officer. From that perspective, passing the Bill without this amendment would seriously damage the co-operation and good will required for successful local negotiations in the somewhat febrile atmosphere in which we find ourselves. NHS Providers points out that, were individuals to go on strike contrary to a work notice and then be fired, unions could, and most likely would, take other action, either through work to rule or calling in sick en masse. Both would undermine the Bill’s primary and laudable purpose to provide safe levels of care. So, if that purpose is at the heart of the Bill, supporting this amendment seems to me to be essential.

[Lord Woodley (Lab)]

My Lords, I will speak in support of Amendment 4, and I also support Amendment 5.

Amendment 4 covers the issue of protecting workers from being forced to cross their own picket lines under threat of the sack; it is a fundamental issue which strikes at the heart of trade unionism. The Bill, as it stands, gives bad bosses the power to target and victimise trade union activists by issuing work notices. Although I accept that minor concessions have been made, there are still no sanctions on bosses behaving badly, and we know, unfortunately, that some will do so, given the opportunity. The only way to protect workers fully is to make it absolutely clear that, if a striking worker refuses to cross a picket line during lawful industrial action, they will not lose their legal protections and will not be subject to dismissal. That is why the amendment is so important. Nobody should be forced to make the agonising choice between betraying their trade union principles of solidarity and standing together as workers and potentially losing their job.

Let us dispel the myth that this proposed law follows only what most of Europe already does—what absolute nonsense. This week, over 120 elected politicians from around the world, including from France, Germany, Italy and Spain, have called on our Government to abandon the Bill, pointing out that

“The UK already has some of the most draconian restrictions on trade unions anywhere in the democratic world … Despite this, the UK Government is set on further rolling back worker protections and freedoms”.


On Amendment 5, just as trade union members must be protected from being forced to act against their own interests during a legally organised dispute, so must the trade unions themselves.

This proposed law would, without a doubt, poison industrial relations and victimise workers and their unions. That is why I urge all noble Lords to support both amendments, and particularly Amendment 4.