Strikes (Minimum Service Levels) Bill

Mick Whitley Excerpts

Consideration of Lords amendments
Monday 22nd May 2023 Commons Chamber

In addition, an open letter has been written by 50 civil rights groups, including Liberty, Human Rights Watch and Oxfam, which all condemned the Bill. Race equality organisations, including the Equality Trust, the Joint Council for the Welfare of Immigrants and the Runnymede Trust—all respected, established organisations—have all raised concerns that black and minority ethnic workers could also be unfairly targeted. Campaigners for women’s rights, among them the Fawcett Society, Pregnant Then Screwed, the Equality Trust and the Women’s Budget Group, have also warned that women could be disproportionately affected. No one who is not on the Government Benches thinks that the Bill is a good idea—not employers, not workers and not the international community. So I would like to hear at the end of the debate from the Minister: why is he so insistent on pushing ahead with something that is both unworkable and so undemocratic? Perhaps, for once, the Government could sanction the people around the negotiating table to end the industrial disputes in teaching, in the NHS and in the transport sector and instead put British workers and our rights first.

[Mick Whitley (Birkenhead) (Lab)]

I declare an interest as a trade unionist with more than 50 years’ experience and as a proud member of Unite the Union. I rise to speak in support of amendments 5 and 4, tabled by Lord Collins and Baroness O’Grady, among others, but before I turn to the substance of those important and thoughtful amendments, I want to say that no number of amendments could ever make the Bill acceptable to those of us on this side of the House who believe in the fundamental right of workers to pursue fair and equitable treatment at work. Its central purpose—to prevent workers from exercising their right to take strike action—is an affront to the most basic principles of democracy, and the idea of forcing a worker to cross their own picket line strikes at the heart of trade unionism.

Not for the first time, this Government have suffered the ignominy of being condemned by the international community for their deviation from democratic norms, with 121 politicians from more than 18 countries recently condemning what they described as the

“the UK Government’s attempt to limit workers’ rights and its attempt to justify it with comparisons to international norms.”

The Bill’s specific provisions, especially those that seek to make unions liable for the actions of their members who fail to adhere to work notices, betray an utter ignorance on the part of Ministers about the nature of employment relations in the UK. The Bill is opposed not just by the trade unions, but by the vast majority of the business community. Paul Nowak, general secretary of the TUC, expressed the feelings of many when he said that the Bill will serve only to poison industrial relations in this country and exacerbate the disputes that it seeks to end. This is yet another dangerous gimmick from a Government who at every stage have refused to settle demands for fair pay from public sector workers.

I want to single out Lords amendment 4, tabled by Baroness O’Grady, which would provide a much-needed safeguard for workers from the almost inevitable exploitation of work notices by unscrupulous employers. Amendment 5, tabled by Lord Collins, would excise proposed new section 234E, which would oblige trade unions to ensure that their members comply with a work notice. That is surely one of the most abhorrent measures in the entire Bill. It would in effect compel trade unions to undermine the effectiveness of their own lawful actions. It is a proposal as ludicrous as it is alarming and it should be consigned to the scrapheap.

I have closely followed the contributions in the other place concerning the Bill and salute the attempts to mitigate the worst excesses of what nevertheless remains a vindictive, anti-democratic and unworkable piece of legislation. I have no doubt whatever that Government Members will refuse altogether to listen to the concerns raised in the other place, and I say with absolute certainty that the Government will shortly come to regret this deplorable attempt to restrict the rights of their citizens.

[Stephanie Peacock (Barnsley East) (Lab)]

I am pleased to speak in this important debate in support of Lords amendments 4 and 5 to the minimum service levels Bill. As a proud member of a trade union, I refer the House to my entry in the Register of Members’ Financial Interests.

The Bill is a fundamental attack on working people’s rights and freedoms, meaning that workers are at risk of being punished for exercising their right to strike. As someone who has been on strike as a teacher, I know that the decision to withdraw labour is not an easy one; it is a last resort when workers feel they have no other option; when conditions and pay are no longer tolerable.

The Bill would make seeking an injunction easier and broaden the circumstances that allow this process to take place. Therefore, where strikes are fairly balloted and otherwise lawful, employers would have more scope to be able to bring an injunction against trade unions under the Trade Union and Labour Relations (Consolidation) Act 1992, potentially putting a stop to fair industrial action and flying in the face of fundamental workers’ rights. As the Bill broadens the circumstances under which minimum service levels apply, that means a poor employer could issue a work notice where one is not needed, to workers they know are part of the trade union, and sack them for failure to comply with the notice when they strike, as they are likely to do. The Bill allows scope for bad employers to use loopholes to target specific employees. Amendment 4 seeks to prevent this from being possible; it would be a huge backward step. Amendment 5 aims to ensure that unions are not obliged to ensure that their members have to comply with work notices, which would undermine their own otherwise lawful strikes.

Furthermore, the Joint Committee on Human Rights says that the penalties imposed on trade unions and workers for failing to comply with work notices are “severe” and that the Bill would be likely to lead to disproportionate involvement from employers, particularly where a strike does not involve risk to life and limb. The Committee said that the Government should reconsider whether “less severe measures” would be more effective. Lords amendment 4 would prevent workers from being vulnerable to dismissal for failure to comply with a work order.

The Bill is unworkable and the Government know it. The Transport Secretary admits that it will not work, the Education Secretary does not want it and the Government’s own regulatory watchdog has called it “unfit for purpose”. It offers no solutions and it would not have prevented the recent wave of industrial action. It is a distraction from 13 years of failure. So why are the Government insisting on pushing ahead? They have rushed this through Parliament, presented the findings of the impact assessment to the Bill late and provided only four and a half hours for the Committee of the whole House.

There are serious concerns about how the Bill will be implemented in practice. In countries such as Spain and France that already have minimum service levels in place, more days have been lost to strikes than in the UK and that can lead to legal battles, which further delay solutions to industrial action.

In 1984, striking mineworkers in Barnsley were branded “the enemy within” by the Government when they went on strike to defend their industry. We still feel the economic effects of that political attack. Today, the Government are again blaming hard-working people—this time, for the Government’s economic failure.