Strikes (Minimum Service Levels) Bill completes passage through Parliament

The Strikes (Minimum Service Levels) Bill aims to implement minimum service levels (MSLs) in certain specific services during periods of strike action.

The bill was considered by the House of Lords between 31 January and 9 May 2023, before returning to the House of Commons.

The bill returned again to the Lords on Thursday 20 July for consideration of a Commons reason to disagree with a Lords amendment, regarding the provision for consultation and parliamentary control of regulations. The Lords accepted the Commons reason without a vote and the bill passed to Royal Assent.

Catch up

• Read the text of Commons reasons (PDF)
• Catch up on Parliament TV
• Read the transcript in Lords Hansard

Explore further information

Read background on the bill in the House of Lords Library Strikes (Minimum Service Levels) Bill briefing.

What's happened so far?

Consideration of Common amendments: Tuesday 4 July

The House of Commons has disagreed to Lords amendments on impact assessment consultations and protections for trade unions and workers.

Lords division

There was one division (vote) on a proposed change to the bill.

Parliamentary scrutiny of impact assessments

During report stage, Lords members agreed to an amendment to ensure the government does not exercise its power to specify minimum service levels until it has published an impact assessment, in consultation with government ministers, trade union representatives and other relevant parties. This review would be subject to scrutiny and a final report by committees of both Houses of Parliament.

The Commons later rejected this amendment on the grounds that the bill already provides for adequate scrutiny of government powers.

In response to this, on Thursday 8 June, the Lords agreed to an alternative amendment, which alters the terms of the impact assessment, and subjects the government's review to a single parliamentary Joint Committee comprising members of both Houses.

MPs in the Commons again objected to this change, reaffirming the government's stance that the bill's current scrutiny procedure is sufficient.

On Tuesday 4 July, members of the Lords considered a further version of the amendment which requires the government to consult specifically with the International Labour Organization on their impact assessment, which again would be subject to review by a Joint Committee of both Houses.

Members voted 223 in favour and 205 against, so the change was made and the new version agreed.

Worker protections

Also during report stage, Lords members agreed a change which ensures that it is not considered a breach of contract or grounds for dismissal if an employee fails to comply with a 'work notice' (a written order issued by an employer to a trade union citing minimum service levels during strike periods).

The amendment was rejected in the Commons on the grounds that, in order for the new law to be effective, there must be consequences for employees who fail to comply with work notices.

Lords members agreed an alternative proposal on Thursday 8 June, which reaffirms that an employee cannot be dismissed for failing to comply with a work notice (as it consitutes a trade union activity) and ensures that mandatory compliance with work notices is not made part of employee contracts.

The House of Commons disagreed with the revised amendment, once again citing the need for consequences for staff who refuse to work.

The Commons objection to the amendment was then accepted by members of the Lords on Tuesday 4 July without a vote.

Trade union liability

Again in report stage, Lords members agreed to remove a section of the bill that enabled employers to seek damages against trade unions that fail to take reasonable steps to ensure their members comply with work notices.

The Commons later reinstated this section on the grounds that it would otherwise diminish the impact of the new law.

On Thursday 8 June, Lords members agreed a revised amendment, which replaced the section with new wording that allows trade unions to determine what advice to give their members subject to work notices, without fear of civil liability claims by employers.

The bill returned to the House of Commons where again the amendment was rejected, maintaining the government's position that the change would lessen the impact of the new law.

On Tuesday 4 July, members of the Lords accepted the Commons reasons for disgreeing to the amendment without a vote.

Catch up

• Read the text of Commons reasons (PDF)
• Watch the Parliament TV recordings: 8 June and 4 July
• Read the Lords Hansard transcripts: 8 June and 4 July

Third reading: Tuesday 9 May

Third reading is the chance for members to ‘tidy up' a bill, making small changes to ensure it is effective.  

Two technical amendments (changes) were put forward ahead of third reading and agreed to without a vote. Members also discussed the progress of the bill at the conclusion of its Lords stages.

Catch up

• Read the text of proposed changes (PDF)
• Catch up on Parliament TV
• Read the Lords Hansard transcript

Report stage: Wednesday 29 April

Report stage is an extra chance for members to closely scrutinise elements of the bill and make changes.

Proposed changes 

Members speaking at report stage put forward amendments (PDF) (changes) to the bill to be discussed. 

These amendments covered a range of subjects, including application of the new law to England, Scotland and Wales, consultation on the impact of minimum service levels and protections for trade union members. 

Lords divisions

There were four divisons (votes) on proposed changes to the bill.

Parliamentary review of impact assessments

The first vote was on amendment 1, which ensures that the government does not exercise its power to specify minimum services until such powers have been detailed in an impact assessment, in consultation with ministers, trade union representatives and other relevant parties, and scrutinised by a committee of each House of Parliament.

Members voted 221 in favour and 197 against, so the change was made.

Protection of employees

The second vote was on amendment 4, which ensures that if an employee fails to comply with a 'work notice' (a written order given to a trade union by an employer citing minimum service levels during strike periods) that this would not be considered a breach of contract nor grounds for dismissal.

Members voted 232 in favour and 201 against, so the change was made.

Protection of trade unions

The third vote was on amendment 5, which removed a section of the bill enabling employers to seek damages against a trade union which fails to take reasonable steps to ensure employees comply with work notices.

Members voted 220 in favour and 196 against so the change was made and the section was removed.

Extent of new law

The final vote was on amendment 7, which ensures that this new law is limited to England only and does not apply in Scotland or Wales.

Members voted 213 in favour and 184 against, so the change was made.

Catch up

• Watch the Parliament TV recording
• Read the Lords Hansard transcript

Committee stage day two: Thursday 23 March

Committee stage is the first chance for line by line examination of the bill.

Proposed changes 

Members speaking on day two of committee stage put forward amendments (PDF) (changes) to the bill to be discussed. 

These amendments covered a range of subjects, including: 

• the UK's obligations under the European Convention on Human Rights
• a requirement to attempt to settle disputes by other means before work notices are issued
• protections for employees.

Catch up

• Catch up on Parliament TV (part one and part two)
• Read the Lords Hansard transcript (part one and part two)

Committee stage day one: Thursday 9 March

Members speaking on day one of committee stage put forward amendments (PDF) (changes) to the bill to be discussed. 

These amendments covered a range of subjects, including: 

• whether the bill meets the UK's human rights obligations
• the impact of the draft law on existing disputes
• which services will be affected by the draft law
• parliamentary scrutiny and the range of powers given to ministers
• safe staffing levels for the NHS.

Catch up

• Watch live on Parliament TV (part one and part two)
• Read the Lords Hansard transcript (part one and part two)

Second reading: Tuesday 21 February

During second reading, members discussed the main issues in the bill and drew attention to specific areas where they think amendments (changes) will be needed.

Topics covered during the debate included: 

• threats to workers' rights
• impact of strikes on public safety
• powers awarded to government ministers and opportunity for parliamentary scrutiny.

Lord Callanan (Conservative), Parliamentary Under Secretary of State at the Department for Energy Security and Net Zero, opened the debate and responded on behalf of the government.

Members speaking in the debate included:

• Lord Allan of Hallam (Liberal Democrat), former opposition spokersperson for Trade and Industry
• Lord Balfe (Conservative), former Conservative party envoy to the Trade Union Movement
• Baroness Donaghy (Labour), former president of the Trades Union Congress
• Lord Judge (Crossbench), former Lord Chief Justice of England and Wales.

Catch up

Find out more about the issues discussed: catch up on Parliament TV (part one and part two) or read a transcript in Lords Hansard (part one and part two).

Image: Adobe