Press release

Government invites unions to return to the table and call off strikes

Government invites trade unions to meet about fair and affordable public sector pay settlements for 2023 to 2024, as part of the approach to avoiding prolonged industrial action.

Balancing public sector pay and ability to strike with taxpayer affordability and access to services
  • Government ministers invite union leaders for talks
  • government wants to balance fair pay awards for public sector workers with what the taxpayer can afford - and what helps get inflation under control
  • departments will take new steps to discuss evidence before submitting to the independent pay review bodies, and hope unions will put forward their own evidence for discussion
  • new legislation announced to guarantee minimum levels of safety in critical sectors

Ministers are reaching out to unions to invite them to sit down and discuss the evidence that the government will be submitting to the pay review bodies – and hopes that unions will also share their evidence.

If the offer is accepted, discussions will take place between government departments and unions in the coming weeks on issues including pay evidence, workload and conditions in the public sector. These discussions will help ensure the evidence submitted to the pay review bodies is as considered and informed as possible, including reflecting areas of common ground.

The government is clear that the well-established independent pay review process is the right way to set public sector pay – it provides independent, expert advice and is a neutral process in which all parties play a role. These new discussions would feed into this process and are offered as the government recognises the particular economic challenges the country faces this year.

Unions must also recognise these challenges and play their part in finding an agreement that balances giving workers a fair and reasonable settlement with continuing to take steps to bring down inflation and protect households’ budgets. The inflation-matching pay awards that many of the unions are demanding will make the fight against inflation more challenging, and risks interest rates, mortgage payments and bills rising for people as a result. This would erode the value of any pay increase for public sector workers and hurt households across the country.

While these conversations take place, the government calls on the unions to cancel upcoming strikes in a bid to resolve these disputes constructively through dialogue.

However, the government also has a duty to the public to ensure their safety, protect their access to vital public services, and help them go about their daily lives. The government will always protect the ability to strike, but it must be balanced with the public’s right to life and livelihoods. That’s why the government will introduce new laws to ensure a basic level of service in some of our most crucial sectors when industrial action takes place.

The government will introduce a bill in Parliament in the coming weeks to take the power to ensure that vital public services will have to maintain a basic function and deliver minimum safety levels during industrial action.

Minimum safety levels will be set for fire, ambulance and rail services and the government will consult on the adequate level of coverage for these sectors, recognising that disruption to blue light services puts lives at immediate risk.

For the other sectors covered in the bill, which includes health services, education, nuclear decommissioning, other transport services and border security, the government expects to continue to reach voluntary agreements, and would only look to consult on minimum safety levels should these voluntary positions not be agreed.

Business Secretary Grant Shapps said:

We hugely value the work of our public services and we’re reaching out to unions to have an honest conversation on pay, conditions and reform. Industrial action is disruptive for everyone – from people relying on essential services to get to work or care for their family to hard-working business owners whose sales suffer. It also costs those striking at a time when family budgets are tight.

As well as protecting the freedom to strike, the government must also protect life and livelihoods. While we hope that voluntary agreements can continue to be made in most cases, introducing minimum safety levels – the minimum levels of service we expect to be provided – will restore the balance between those seeking to strike and protecting the public from disproportionate disruption.

 As has been demonstrated over the last year, wide scale and repetitive industrial action can act as a major blockage to economic growth by preventing people from getting to work. Introducing the safety net of minimum service levels to ensure that the public are not put at risk during strike action is the best way of balancing the ability to strike, while protecting the wider public. 

This package of measures will see the UK align with many countries across the world such as France and Spain that already have minimum service agreements in place, to prevent large swathes of their economies being ground to a halt by industrial action.   

Today’s reforms follow a change in the law made by the government in July 2022 enabling businesses to provide skilled agency workers to fill vital staffing gaps caused by industrial strike action. At the same time, the government also increased the damages a court can award for unlawful strike action

Notes for editors

Minimum safety levels could include maintaining core service provision in emergency services and ensuring key transport, travel and trade routes don’t completely shut down on strike days.

These vital public services will also be included in the bill and are broadly in line with the Trade Union Act 2016:

  • health services
  • education
  • fire and rescue services
  • transport services
  • decommissioning of nuclear installations and management of radioactive waste and spent fuel
  • border security

The details on what minimum service levels looks like for specific services would be consulted on by relevant government departments – with consultations starting in parallel with the bill on ambulance services, fire services and rail services – and then set out in regulations which would follow this legislation.

Trade unions will be bound to follow this legislation and will risk the employer bringing an injunction to prevent the strike from taking place or seeking damages afterwards if they do not comply with their obligations.

This will apply to Great Britain. We are engaging with devolved administrations throughout this process.

Others countries across Europe and wider world have similar laws in place. Countries including Spain, Italy and France have statutory MSLs in place. The Netherlands, Germany, Spain and France all balance the right to strike with ensuring continuity of public services.

The International Labour Organisation (ILO) recognises MSLs as a sensible solution to protect the public from serious consequences of strikes. The UK signed the ILO’s Declaration on Fundamental Principles and Rights at Work in 1998. The ILO itself accepts limitations on strikes is permissible where life is endangered or other serious consequences for the public.

When it comes to ‘blue lights’ services, Canada, Australia and parts of the USA have total bans on strikes. We are not going as far as some countries, who ban outright strikes in ambulance and fire service, as with police.

Published 5 January 2023