Question to the Department of Health and Social Care:

To ask the Secretary of State for Health and Social Care, what recent assessment her Department has made of the impact of the Strikes (Minimum Service Levels) Act 2023 on the ability of healthcare professionals to participate in industrial action.

The Strikes (Minimum Service Levels) Act 2023 allows for regulations to be laid in Parliament in the health sector. The Strikes (Minimum Service Levels: NHS Ambulance Services and the NHS Patient Transport Service) Regulations 2023 came into force on 8 December 2023.

As we set out in in our consultation response on minimum service levels in the ambulance sector, in our engagement with representatives from ambulance trusts, they indicated that establishing a minimum service level at the level specified in the regulations would require approximately 80% of an ambulance service’s resources on a typical shift. Therefore, if an employer chose to issue work notices during a strike, it is likely that a high proportion of all levels of paramedics, emergency care assistants, and other staff in the ambulance teams rostered to work on a strike would be named, and this would have a significant impact on the ability of employees to participate in strike action. The Department has consulted on whether to implement similar regulations for hospital services, and will set out its response in due course.