Leading legal academic warns minimum service levels could breach post-Brexit commitments – putting the UK on a collision course with the EU
Minimum service level regulations back in parliament this week as TUC set to hold special Congress
Business, unions and civil society groups in the EU and UK have flagged concerns over the UK government’s new anti-strike laws.
More than 80 businesses, unions and civil society organisations have issued a joint statement as part of the UK and EU Domestic Advisory Groups – two watchdogs which are charged with holding the UK government and EU to account on their commitments under the post-Brexit deal.
The joint statement says they recognise the concerns about the impact of the Strikes Act on the UK government’s legal obligations under the deal, which stipulates that workers’ rights must not be lowered from the level they were at in 2020.
The UK and EU post-Brexit watchdogs add that they will be monitoring for breaches and will continue to scrutinise the UK government on this new law.
The EU Commission recently put its concerns about the Strikes Act to the UK government.
The joint statement also flags concerns on plans to repeal EU-derived rights with the Retained EU Law Act.
Stark warning
The joint statement comes as a leading legal academic warns that the Strikes Act risks putting the UK on a collision course with the EU.
Federico Ortino, Professor of International Economic Law at King’s College London, says that the legislation could put the UK in breach of its legal obligations under the UK-EU Trade and Cooperation Agreement.
Ortino warns that this breach could “affect trade and investment between the EU and UK”.
New regulations
Minimum service levels in rail, the ambulance service and border security are making their way through parliament this week.
Ministers have said these new rules will be rushed into force by the end of the year.
Ministers are also consulting on rules affecting workers in hospital settings, schools, universities and fire services.
This is despite warnings from unions and employer groups that the plans are unworkable.
The laws will mean that when workers lawfully vote to strike, they could be forced to attend work – and sacked if they don’t comply.
TUC research found a massive 1 in 5 workers in Britain – or 5.5 million workers – are at risk of losing their right to strike as a result of the Strikes (Minimum Service Levels) Act.
The TUC will hold a special Congress to discuss the next stage of campaigning against the Conservatives’ anti-strike laws. The event will take place at Congress House on Saturday 9 December 2023, from 10am-1pm.
Federico Ortino, Professor of International Economic Law at King’s College London, said
“The Strikes (Minimum Service Levels) Act 2023 runs the risk of violating some of the labour-related obligations imposed by the EU-UK Trade and Cooperation Agreement.
“In particular, as it imposes greater restrictions on the right to strike in the covered sectors, the Act may contravene Article 387 TCA, which prohibits the weakening or reduction of a Party's labour levels of protection. Such greater restrictions have at least the potential to affect trade and investment between the EU and UK.
“Moreover, the Act may also contradict Article 399 TCA, which requires to respect and implement international recognised core labour standards, including those relating to freedom of association and the right to collective bargaining.”
TUC General Secretary Paul Nowak said:
“The UK’s new laws are an attack on the fundamental right to strike – they’re unworkable, undemocratic and very likely unlawful.
“The UK already has some of the most restrictive trade union laws in Europe. Now the Conservatives want to make it even harder for people to win fair pay and conditions.
“In their rush to attack unions, the government risks threatening UK trade with Europe.
“This legislation could put the UK in breach of its post-Brexit trade agreement with the EU. That could mean financial penalties on the UK.
“It’s little wonder business, unions and civil society have come together to warn about this draconian legislation. The last thing they need is the UK on a collision course with the EU.
“That’s bad for trade. And it’s bad for workers and their jobs.
“Ministers are playing fast and loose with international commitments because they want to distract from their appalling economic record.”
UK and EU Domestic Advisory Group (DAGs) Statement:
We recognise and are monitoring concerns raised by parties to both the UK and EU DAGs over the introduction of legislation such as the Strikes (Minimum Service Levels) Act and the Retained EU Law Act and their impact on commitments to
ILO Conventions and Level Playing Field commitments in the TCA, as well as emphasising the importance of maintaining commitments to the ECHR. These areas will be subject to ongoing DAG scrutiny and review.
https://www.eesc.europa.eu/sites/default/files/files/joint_uk-eu_dag_statement_-_final.pdf
UK Domestic Advisory Group membership:
ADS Group Ltd (Aerospace, Defence, Security and Space)
Agricultural Industries Confederation (AIC)
AirlinesUK
Association of the British Pharmaceutical Industry
Bar Council of England & Wales
British Beer and Pub Association
British Chambers of Commerce
British International Freight Association (BIFA)
British Meat Processors Association (BMPA)
British Medical Association
British Ports Association
British Standards Institution
Confederation of British Industry (CBI)
Chartered Accountants Ireland
Chemical Business Association
Chemical Industries Association
Citizens Advice
Dairy Council for Northern Ireland
E3G
Energy UK
Federation of Small Businesses (FSB)
Food and Drink Federation (FDF)
Greener UK
GuildHE
Law Society of England and Wales
LIVE (Live music Industry Venues & Entertainment)
Logistics UK
Make UK
National Council for Voluntary Organisations
National Farmers’ Union
National Office of Animal Health (NOAH)
NHS Confederation
Northern Ireland Chamber of Commerce and Industry
Northern Ireland Council for Voluntary Action
Road Haulage Association
Scotch Whisky Association
Scottish Council for Development and Industry
Scottish Council for Voluntary Organisations
Scottish Fishermen’s Federation
Society of Motor Manufacturers and Traders
techUK
The Business Services Association (BSA)
TheCityUK
Trades Union Congress (TUC) plus 4 other Unions represented through TUC (5 seats total)
UK Chamber of Shipping
UK Music
UKFinance
United Kingdom Association of Fish Producer Organisations (UKAFPO)
Universities UK
Wales Council for Voluntary Action
Wine and Spirit Trade Association (WSTA)
EU Domestic Advisory Group membership
Philipp Sauer, European Chemical Industry Council (cefic)
Enrico Turrin, FEP-FEE (Federation of European Publishers)
Peter Byrne, European Economic and Social Committee
Dimitris Dimitriadis, European Economic and Social Committee
Luísa Santos, Vice-Chair, BusinessEurope
Dominic Boucsein, Eurochambres
Ksenija Simovic, COPA-COGECA
Louis Hinzen, Food Drink Europe
Alberto Mazzola, CER-Community of European Railway and Infrastructure Cie
Pascal Kerneis, European Services Forum (ESF)
Gerard Gibbons, ICTU - Irish Congress of Trade Unions
Cinzia Del Rio, UIL - Italian Labour Union
Thierry Aerts, FGTB - General Labour Federation of Belgium
Kristian Bongelli, CFDT - French Democratic Confederation of Labour
Elena Crasta, ETUC - European Trade Union Confederation
Tjalling Postma, FNV - Federation of Dutch Trade Unions
Ellen Nygren, LO - The Swedish Trade Union Confederation
Elspeth Hathaway, IndustriAll European Trade Union
Tanja Buzek, Chair, European Economic and Social Committee
Jack O'Connor, European Economic and Social Committee
Léa Auffret, Vice-Chair, BEUC – The European Consumer Organisation
Daniel Pérez Vega, Eurogroup for Animals
Francesca Carlsson, European Environmental Bureau (EEB)
Noelle O'Connell, European Movement Ireland (citizen's movement)
Michael Gaebel, European University Association
Daniela Iller, Friedrich-Ebert-Stiftung
Javier Lopez, Oceana (marine conservation)
Aoife Ní Lochlainn, Irish Environmental Network
Cillian Lohan, European Economic and Social Committee
Klaas Johan Osinga, European Economic and Social Committee
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