Posted 09 March 2023 - 05:00
Posted 09 March 2023 - 05:00
News
Anti-strikes law could breach nurses’ human rights
Bill aimed at curbing strikes by key workers would discriminate against nurses and cause confusion, says parliamentary panel
Bill aimed at curbing strikes by key workers would discriminate against nurses and cause confusion, says parliamentary panel
A controversial anti-strikes bill discriminates against nursing staff and could breach their human rights, MPs and peers have warned.
The Strikes (Minimum Service Levels) Bill – previously dubbed the ‘sacking nurses bill’ by the Labour Party – sets out laws to curb industrial action by key workers and give the government power to set its own minimum staffing levels on strike days.
But a report by parliament’s Joint Committee on Human Rights published on 6 March found that the legislation could ‘impact severely on certain protect groups, most obviously women in respect of nursing’ due to trade union groups representing a higher number of women.
RCN sees clear inequalities flowing from the bill
In evidence submitted to the committee the RCN said there were ‘clear inequalities flowing from the bill’. It said: ‘Trade union members in the UK are disproportionately women; this is especially true in nursing, as the workforce is disproportionately female.
‘Black British people are also disproportionately likely to be trade union members. As such, efforts to silence the voice of trade union members risk exacerbating existing societal and structural inequalities.’
The bill, which is due to be debated again in the House of Lords on 9 March, will give employers the ability to issue ‘work notices’ to nursing staff on strike days and sack any individual who chooses to stand on a picket line.
The committee said the legislation was too vague and could leave workers and unions in confusion about whether they had complied with ‘reasonable steps’ to ensure minimum service, and that it could lead to severe consequences for striking nurses and other key workers who misunderstand the law.
It also found the law gives insufficient protection for article 11 of the European Convention on Human Rights, which allows for peaceful assembly including the right to join or form a trade union.
Committee chair and SNP MP Joanna Cherry said the bill needs amending to address ‘deep flaws’.
Ms Cherry added: ‘Heavy-handed sanctions are compounded by vague rules that would leave striking workers and unions in confusion as to whether they had been met or not.’
Government says it needs to balance ability to strike and the rights of the public for essential services
‘This means the bill, in our view, is likely to be incompatible with human rights law, which provides a right to association and with it protection for strike action.’
A government spokesperson responded: ‘We note this report and will consider it in full, but the government needs to maintain a reasonable balance between the ability of workers to strike and the rights of the public, who work hard and expect essential services to be there when they need them.’
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