Minimum service levels and reasonable steps
The Government has opened a consultation on a draft Code of Practice setting out proposals for what steps will be considered “reasonable steps” for a trade union to take in order to comply with the Strikes (Minimum Service Levels) Act 2023 (the Act).
Under the Act, where an employer issues a works notice setting out the persons who are required to work in order to comply with minimum service levels, a union must take “reasonable steps” to ensure that union members comply with the terms of the works notice.
The draft Code of Practice provide guidance on what will be deemed to be reasonable steps and includes template letters. There are 5 main steps:
- identification of union members;
- encouragement of named members to comply with the works notice through the use of a “compliance notice”;
- notification to members who aren’t named in the notice through the use of an “information notice”;
- guidance for picketing (to seek to avoid named members being encouraged not to cross the picket) and
- an “assurance” step to try to avoid any action from individual officials or members which undermine the steps taken by the union.
The Act, and its previous Bill, has been extremely controversial with a number of unions being very vocal in criticising the approach taken. There have also been concerns raised in respect of the proposals by the Joint Committee on Human Rights and the Equality and Human Rights Commission. It remains to be seen quite how this area will continue to develop and, in particular, whether we will see further challenges once detail of the minimum service levels required are known.
Consultation on the draft Code of Practice remains open until 9.30 am on 6 October 2023.
Key contact
Mark Hickson
Head of Business Development
onlineteaminbox@brownejacobson.com
+44 (0)370 270 6000
Discover more
You may be interested in...
Legal Update
School leaders survey Spring 2024 - the results are in
Legal Update
OFS Consultation on freedom of speech guidance
Opinion
Can teachers personal and political views amount to misconduct?
Press Release
Browne Jacobson to advise East London Waste Authority on major waste programme
Legal Update
Government updates guidance on holiday rules: What employers need to know
Legal Update
Holiday pay: Government change clarifies treatment of term time only workers
Legal Update
Cyber-attacks in UK universities: Why failing to prepare is no longer an option
Press Release
Browne Jacobson advises Greater Manchester Combined Authority on its investment in Beryl
Opinion
School attendance matters
Opinion
Caregivers at work: Navigating new carer's leave regulations
Opinion
EHRC publishes new guidance on menopause and the workplace
Opinion
Fire and re-hire: Updated statutory code summary for employers
Legal Update
How do holiday pay reforms affect the education sector?
Legal Update
Revised Acas Code of Practice on requests for flexible working
Legal Update
Veganism and manufacturing: Protected characteristics from discrimination in employment law
Opinion
Settlement agreements: Court of Session finds future claims may be settled
Legal Update
Holiday reforms: What employers need to know
Legal Update
Employment law in 2024: How changes impact education
Legal Update
Backpay for leavers: Employers risk unlawful deduction from wages claims
Opinion
New employment rights set to come into force
Legal Update
Minimum Service Levels introduced for ambulance, rail, and border security
Opinion
BBC personality wins appeal on IR35 status
Opinion
Autumn statement 2023 – key take outs for employers
Opinion
Collective bargaining rights
Opinion
Agency cover and strike action
Opinion
Updates in equality – An overview of new regulations
Opinion
Minimum Service Levels and reasonable steps – consultation response
Legal Update
Holiday entitlement and pay: Reforms ahead
Legal Update
A positive duty to prevent sexual harassment
Press Release
Browne Jacobson advises Care Fertility Group on acquisition of CRGW
Opinion
Bonus clawback provisions: Clear and reasonable
Opinion
Third party intervention did not break the chain of causation in whistleblowing detriment claim
Opinion
Holiday pay claims: A series of deductions
Opinion
Monitoring workers – ICO guidance
Press Release
Browne Jacobson strengthens employment team with key partner hire
Legal Update
Greater predictability over terms for workers
Guide
Transforming EDI practices in UK insurance
Opinion
Minimum service levels and reasonable steps
Opinion
Modern slavery in the care sector – how employers can manage risks
