The historic Special Congress of the Trades Union Congress (TUC) commenced in early December, marking the first of its kind in over forty years. The central agenda of the congress revolved around the necessary response of trade unions to legal endeavours aimed at constraining their activities.
An essential legislative development was the enactment of the Strikes (Minimum Services) Act in July, with accompanying regulations coming into effect on 8 December. Notably, these regulations encompassed rail, border security, ambulance services, and forthcoming proposals pertaining to children’s education.
Expanding the coverage of sectors subject to the new law, fire and rescue services, nuclear installations, waste plants, as well as broader sectors of education and transport, were identified. It is estimated by the TUC that approximately 5.5 million workers, constituting one in five of the workforce, would be impacted by these regulations.
The concept of minimum service levels, which served as a basis for the new legislation, draws inspiration from common practices in Europe, particularly in countries such as France, Italy, and Spain, as outlined in a briefing paper from the House of Commons Library.
A significant concern raised pertains to the disregard of ballot results for strike actions, even when meeting stringent criteria. Employers retain the authority to issue notices identifying workers obligated to attend work to sustain an arbitrary level of service. Consequently, the ballot outcome is overridden, and the respective trade union may be compelled to instruct their members to disregard picket lines and report to work.
Notably, the Congress showcased remarkable unity, with representatives from nearly all affiliated unions vocalizing support for the proposals set forth by the General Council. An absence of proposed amendments further underscored this unity.
During the discussions, speakers highlighted instances of employers consistently disregarding safe staffing levels in crucial sectors like health and transport. Anecdotes included accounts from a Unison ambulance service convenor who detailed the emergency cover arrangements implemented during strikes. Notably, diligent coordination by union representatives in control rooms ensured the deployment of ambulances for those in need, resulting in no patient incidents on strike days.
In a unanimous decision, the Congress scheduled a rally for 12 noon on Saturday, 27 January 2024, in Cheltenham, the location of GCHQ. This choice holds significance as it was the site where, in 1984, Margaret Thatcher proscribed workers from union membership.
Furthermore, the TUC committed to orchestrating demonstrations and rallying support should a work notice be issued. Additionally, the organization plans to publicly call out and censure any employer resorting to the use of a work notice.
The context also highlighted the resilience and determination of workers across various sectors, including rail, NHS, schools, universities, and industry, in surpassing stringent ballot requirements imposed by earlier laws, explicitly designed to impede trade union actions.
“Acknowledging historical parallels, the newly enacted law adds to a lineage of anti-working class legislation, tracing back to the Industrial Relations Act of the 1970s and Labour’s In Place of Strife from the late 1960s. My view, in common with many others, is that this legislation cannot be effectively challenged through appeals to a hypothetical future Labour government, costly legal battles, or recourse to the EU or the ILO. The focal point should remain rooted in workplace organization, akin to strategies implemented to circumvent and oppose past laws.”
Pat Harrington, General Secretary of Solidarity union
