Rishi Sunak’s anti-strikes bill is not the same as those introduced in Europe, according to new research from a think tank, despite the government’s claims.
Strikes (Minimum Service Levels) Bill, as it is officially known, is meant to deter the widespread public sector strikes which have brought the UK to a standstill repeatedly over the last few months, as union members push back against their pay and working conditions.
Union members have described it as “a full-frontal attack on working people and the trade unions they organise with”.
But, Then-business secretary Grant Shapps said in January that this bill – meant to establish minimum service levels across a range of sectors – “simply brings us into line” with “many other modern European nations, such as Spain, Italy, France and Ireland”.
He claimed: “They use minimum service levels in a common-sense way to reduce the impact of strikes.”
Think tank, UK in a Changing Europe, has now found that the bill is actually substantially different to 35 European countries (including all EU member states).
Here’s how.
1. Minimum service levels
While Shapps has claimed “every other European country has some form of minimum safety in place”, the think tank claims actually only 74% of European countries do so.
UK in a Changing Europe’s report says: “Among the countries highlighted by the minister, Spain, France and Italy have provided for minimum service levels in essential services but Ireland has not. Ireland has not legislated for industrial action, and there is no law governing strikes.”
2. How ‘essential services’ are defined
According to the UK in a Changing Europe, 74% of European countries have agreed to have a minimum service level in essential services.
The UN’s International Labour Organisation typically defines essential services as:
- In the event of an acute national emergency
- For services the interruption of which would endanger the life, personal safety or health of the whole or part of the population
- Services provided by public servants exercising authority in the name of the state
But, the UK has not clarified that this bill is just for essential services.
It has instead identified six whole sectors: health, fire and rescue, education, transport, decommissioning of nuclear installations and management of waste and spent fuel, and border security.
It has not separated out the individual services these sectors offer which are particularly crucial, meaning it could be used in a wider range of circumstances.
2. Ministers wield all the power
Eighty-five percent of the 26 European countries which have a minimum service level bill have an agreement between trade unions and employers in place to decide what this level is.
Yet, the UK plans to give authority to ministers to decided what this minimum service level is.
Although it does have to be after consultation with whoever the minister thinks they need to discuss it with, there is no provision for negotiation between employers and trade unions.
And, as Unison pointed out: “There is no detail on the limit to these ‘service levels’.”
Only in four European countries, Romania, Serbia, France and Spain, is the minimum service level set without an agreement between trade unions and the employers.
3. There are no resolution processes in place
According to the think tank’s findings, the UK bill does not include a provision for dispute resolution between trade unions and employers.
Meanwhile, 69% of European countries allow trade unions to go to court or arbitration if trade unions do not agree on the minimum service level.
And Catherine Barnard, professor of the EU and Employment Law at the University of Cambridge and senior fellow at the UK in a Changing Europe even claimed that that the strikes bill therefore does not “comply with the requirements” of the International Labour Organisation.
4. The ‘right to strike’
Eighty-six percent of European countries protect the “right to strike” as a constitutional right or as part of the freedom of association and right to peaceful assembly.
The UK is one of just five countries were there is no specific right to strike enshrined in national constitutional law.
This right is part of the European Convention on Human Rights, but it can be restricted by law as long as the government in question has a reason to do so.