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New laws will aim to curtail nurses’ right to strike

Government expects to reach voluntary agreements on staffing in healthcare, but mandatory safety levels will be set in other key sectors
Strikers at Bradford Royal Infirmary in December

Government expects to reach voluntary agreements on staffing in healthcare, but mandatory safety levels will be set in other key sectors

Strikers at Bradford Royal Infirmary in December
Strikers at Bradford Royal Infirmary in December Picture: John Houlihan

The government is pressing ahead with plans to introduce new laws to ensure a ‘minimum safety levels’ during industrial action, which could curtail nurses’ right to strike.

A bill will be introduced in parliament in the coming weeks to enforce minimum levels of staffing during industrial action, which will allow employers to use agency staff to fill staffing gaps, the Business Department said.

It will see minimum safety levels set for fire, ambulance and rail services. For other sectors including health services, education, other transport services and border security, the government expects to continue to reach voluntary agreements on staffing.

Times report said healthcare workers who go on strike could face dismissal

A report in The Times had said the new law could see employers given the right to dismiss healthcare workers who go on strike when told to work during industrial action.

Business secretary Grant Shapps said: '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.’

Unions reacted with fury, saying it will do nothing to resolve the current disputes across the country.

RCN general secretary Pat Cullen said: ‘Curtailing workers’ freedom to participate in lawful industrial action is always undemocratic and we will look closely at what the government releases next week.

‘Safe staffing levels that are set in law are what we want to see year-round not just in these extreme circumstances. We’ve long campaigned for governments to be accountable for safe and effective staffing levels in the NHS and social care to prevent one nurse being left with 15, 20 or even 25 sick patients.’

According to the Times, plans also include increasing thresholds for strike action, increasing notice to strike and reducing the period of time unions could hold strikes. The laws will also impact rail, education, the fire service and border security workers.

The Trades Union Congress (TUC) has branded the proposals a breach of the Human Rights Act (1998) and indicated it would be prepared to challenge it in court.

TUC general secretary Paul Nowak said: ‘This is an attack on the right to strike. It’s an attack on working people. And it’s an attack on one of our longstanding British liberties.

‘Trade unions will fight this every step of the way.’

Meanwhile, Unison accused the government of ‘picking fights with NHS employees’ and confirmed it would also consider joining a legal challenge.

Unison assistant general secretary Jon Richards said: ‘The NHS is on its knees because of record vacancies. The idea of limiting legal staffing levels to strike days and threatening to sack or fine health workers at such a time shows proper patient care isn’t ministers’ priority.’


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