More than 10,000 ambulance workers will go on strike as planned on Wednesday (11 January) despite talks with Health Secretary yesterday, GMB Union has said.
Rachel Harrison, GMB National Secretary, said: “Today’s talks fell well short of anything substantial that could stop this week’s strikes.
“There was some engagement on pay – but not a concrete offer that could help resolve this dispute and make significant progress on the recruitment and retention crisis.
“The public expects the Government to treat these talks seriously – it’s time they got on with it.”
Ambulance strikes: what about the new anti-strike laws?
With the government set to introduce new strike laws, employment lawyer at Roythornes Solicitors, George Miller outlines what the ambulance strikes and new legislation actually means for unions and employers.
He says that “Strikes are a public right in the UK and recent industrial action has led to the highest number of working days lost to strikes since November 2011.
“Unions act in the interest of employees’ rights but the new legislation would make it possible to sue unions if they do not provide minimum levels of fire, ambulance and rail services under planned anti-strike laws. Further information on what this truly means is expected to be published next week, with MPs debating it shortly after. If passed, it will apply in England, Scotland and Wales only.”
Mr Miller goes on to explain that the “[d]raft legislation allows employers and unions to agree the minimum level of service to be provided during strike action. If they can’t agree after a three-month period, a special Tribunal can decide the minimum level of service instead. Once there is a minimum level of service in place, then when a strike is agreed upon, the employer can provide a list of workers they require not to strike in order to maintain that minimum level of service.
“If those on the agreed list end up striking, unions could be sued for damages and workers could face dismissal for breach of contract. However, it is yet to be determined what ‘minimum level’ will mean for each of these industries, or how these names will be chosen.
“We’ve already seen an example of this with recent ambulance strikes, where unions volunteered to offer a minimum level of support to focus on life-threatening cases. Although this was down to individuals volunteering to work, this new law will put pressure on employers to carefully assess who they need to work during strikes, and on unions to ensure those who are listed do not take part in the strikes.”
Kate Palmer, HR Advice & Consultancy Director at Peninsula, also comments on the new legislation:
“We don’t yet know when this proposed bill could come into force, but it could substantially change the way industries strike, and the impact that strike action has on the wider community.
“For instance, failure to adhere to the minimum service level will mean the strike is illegal and, as such, would see employers able to sue unions for damages. Those who participate in unlawful strikes would also lose protection against dismissal and could potentially face action for breach of contract.
“It’s an unprecedented time for many of us in the world of work and more important than ever for all employers to monitor the ever-changing situation. I would advise all employers to stay abreast of any governmental developments to ensure that they can provide effective support to employees whilst maintaining business operations as efficiently as possible.”
Amelia Brand is the Editor for HRreview, and host of the HR in Review podcast series. With a Master’s degree in Legal and Political Theory, her particular interests within HR include employment law, DE&I, and wellbeing within the workplace. Prior to working with HRreview, Amelia was Sub-Editor of a magazine, and Editor of the Environmental Justice Project at University College London, writing and overseeing articles into UCL’s weekly newsletter. Her previous academic work has focused on philosophy, politics and law, with a special focus on how artificial intelligence will feature in the future.
