WEAKENING THE LAST RESORT: THE UK NEWLY PROPOSED MINIMUM SERVICE LEVELS BILL TO WEAKEN THE LEGAL RIGHT TO STRIKE
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Abstract
In early 2023, the government of the United Kingdom suggested new minimum service level legislation, putting the country in line with some other European countries such as France, Spain, Italy, and Ireland. Some countries do have minimum service levels criteria, however the method they do so differs from what is recommended in the United Kingdom in many ways. According to the UK government, the International Labor Organization (ILO) promotes minimum service levels. The ILO acknowledges that minimum service standards may be justified in some circumstances, such as when lives are at stake or when providing "basic" public services. It also states that minimum service levels should be established in conjunction with trade unions. This paper seeks to examine legislation that highlights the right to strike and the impossibility of putting any limits, as this violates all local and international rules. In addition, the study intends to examine the government's point of view and the grounds on which it bases its reliance on the legality of using the minimum work system as a figure for the working days lost during the strike in essential services.
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References
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Ibid.
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A new law that affects strike action went into effect last year. On July 21, 2022, a new regulation called the Conduct of Employment Agencies and Employment Businesses (Amendment) Regulations 2022 went into effect (the "Agency Amendment Regulations"). It eliminated the ban on companies using agency workers to replace striking staff.
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Ibid
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Ibid.
Ibid.
Ibid.
Ibid.
This has since been repeated during the border force strikes in 2022.
Deakin and Morris’ Labour Law, Seventh Edition, Hart Publishing, 2021, p1051.
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