Government publish Minimum Service Levels guidance on issuing work notices

The Conservative Government have published guidance for employers, trade unions and workers on issuing work notices in relation to minimum service levels during strike action. In their release, they state:

“The Strikes (Minimum Service Levels) Act 2023 was passed to ensure that the public can continue to access essential services during strike action.

The employer can issue a ‘work notice’ ahead of the strike to specify the workforce required to meet the minimum service levels for that strike period where:

• the trade union has given notice to the employer of strike action
• the employer provides a service specified in the minimum service levels (MSL) regulations

This document provides guidance on issuing work notices.”

Adding:

“Regulations will set out the minimum service levels to be met in specific services (“MSL regulations”). Where MSL regulations are in place, once a trade union gives notice of strike action to an employer which operates services within scope of the MSL regulations, that employer can issue a ‘work notice’ ahead of the strike to specify the workforce required to meet the minimum service levels for that strike period.

This document is designed to give employers, trade unions and workers guidance on issuing work notices under section 234C of the Trade Union and Labour Relations (Consolidation) Act 1992 (“the Act”), as amended by the Strikes (Minimum Service Levels) Act 2023. Read information regarding the various draft MSL regulations.

This non-statutory guidance gives general guidance only and is not a substitute for professional legal advice. Courts and tribunals may choose to consider the views of the Department for Business and Trade in this guidance where they consider them relevant, but this is for courts and tribunals to decide. Only courts and tribunals can give authoritative interpretations of the law.”

The guidance can be found here.