Grant Shapps introduces controversial anti-strike bill

The Business Secretary introduced a bill to parliament in which employers would have to set out the workforce they need, preventing some staff from being able to strike with protection from unfair dismissal.

The proposed law would effectively prevent some public sector employees from going on strike.

It comes amid a wave of industrial action across the public sector as unions demand pay rises in line with inflation.

Countries like France, Italy and Spain have similar laws which have minimum levels of safety in critical areas like fire and ambulances.

Shapps said the laws are in line with laws in other European countries and would “protect the lives and the livelihoods of the British people”.

Read more: Public sector pay rises ’unaffordable’, says transport secretary

The proposals were condemned by unions, who warned the legislation would “poison industrial relations” and lead to more strikes.

Laws requiring a minimum level of service during strikes were part of the Conservative’s 2019 election manifesto, but only included public transport.

A bill was introduced to Parliament in October, but the government is now seeking to extend this requirement to the NHS, education, fire and rescue, border security, and nuclear decommissioning.

Mick Lynch, head of the RMT transport union, said: “This is an attack on human rights and civil liberties which we will oppose in the courts, Parliament and the workplace.

“The only reason this draconian legislation is being introduced is because the government have lost the argument and want to punish workers for having the temerity to demand decent pay and working conditions.”

However, Tim Tyndall, employment partner at Keystone Law, described the bill as a "red herring" which is likely to see firm opposition.

"How that mythical MSL (minimum service levels) will be set and how it will operate in the relevant services to which it has been extended will only become clear when prescribed by regulations to be published following consultation so, already there is a built-in delay to any potential implementation.

"The mechanism for agreeing the MSL will be to impose obligations on not just trade unions but also employers to comply with a process for the setting of MSLs. Once in place, it is proposed that relevant employers will be able to issue work notices to require those levels to be delivered for individual strikes in the relevant services."

He added: "The TUC, the Labour Party (who has said it will repeal any law along these lines if elected) and a large swath of the House of Lords have already signalled firm opposition, both political and legal, to the introduction of this proposed legislation. 
 
"It will not impact upon the current wave of strikes and indeed is unlikely to be given Royal Assent before the next election. All in all, something of a red herring."

Unite’s General Secretary Sharon Graham said the bill is “another dangerous gimmick”  and warned that unions would resort to other tactics if the bill was made law.

Read more: Vacancies fall as demand for staff drops

“Grant Shapps is, as usual, economical with the truth. He is taking the worst practices from other countries but not those that actually assist workers.

"The evidence from abroad clearly shows this kind of legislation only forces unions to use other tactics, inflaming and prolonging disputes.”

Deputy Labour leader Angela Raynor asked MPs in the Commons on Tuesday: "How can he seriously think that sacking thousands of key workers won’t just plunge our public services further into crisis?"

"We all want minimum standards of safety, service and staffing. It is the ministers failing to provide it," she said.

Shapps insisted: "No one is talking about sacking nurses... nothing we are announcing today in this bill from the despatch box is about getting rid of nurses any more than any employment contract has to be followed.”

Read more: McDonald’s former CEO fined $400,000 following relationship with employee

On Wednesday, ambulance staff in England and Wales are walking out, while nurses in England are also set to strike next week.

"The ambulance strike plans for tomorrow still do not have minimum safety levels in place and this will result in patchy emergency care for the British people,” Shapps said.

"And this cannot continue."