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Employment Rights Bill: How will strike action be affected?

09 May 2025

There have been some high profile cases of striking across certain industries in the UK in recent times, but with the new Employment Rights Bill, how will strike action be affected?

Last year, the government announced that the Strikes (Minimum Service Levels) Act 2023 (‘the act’) will be repealed. This will aim to ensure that they are “getting public services back on track and laying the foundations for a modern economy that makes work pay.”

At present, the act sets out industry specific minimum service levels which need to be maintained by the following sectors, throughout the commencement of any strike action:

  • border control
  • education
  • fire & rescue
  • health
  • transport
  • nuclear decommissioning & radioactive waste management services.

Further regulations stipulate that once the trade union serves notice of strike action, an employer can issue a ‘work notice’ specifying the required minimum service levels to be complied with.

What should you do?

In the meantime, in anticipation of this change, we strongly suggest that employers do not impose any minimum service levels and begin preparation for a potential increase in strike action. This can be done by way of discussing a contingency plan amongst management. This could cover the reallocation of staff, health and safety and the prioritised distribution of reserve funds.

We will be covering each new change following the Employment Rights Bill, looking into the details of what could impact you and your business. Keep an eye out on our website and across our social media as we publish our full set of informative articles that will help you understand the changes employers are about to face.

If you have any questions about strike action, or need assistance preparing for the new Employment Rights Bill, be sure to get in touch – our expert team will be willing to help.

Contact us

Our Legal 500-rated employment law & business immigration team are experts in guiding businesses of all sizes and backgrounds through a range of issues that may arise.

Disclaimer: All legal information is correct at the time of publication but please be aware that laws may change over time. This article contains general legal information but should not be relied upon as legal advice. Please seek professional legal advice about your specific situation - contact us; we’d be delighted to help.
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Simon Pathé FCILEx
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