Keir Starmer has said an incoming Labour government would repeal Rishi Sunak’s anti-strike legislation, setting out clear dividing lines with the Conservatives on workers’ rights before the next general election.
In a major speech to kick off the new year, the party leader suggested that the prime minister’s plans, expected to be brought forward later on Thursday, would fail to end ongoing strikes.
Ministers will announce legislation to enforce “minimum service levels” in six sectors, including the health service, rail, education, fire and border security.
They are also understood to be considering introducing laws allowing bosses to sue unions and sack employees if the minimum levels are not met as Sunak’s government scrambles to get a grip of the ongoing industrial disputes.
Union members who are told to work under the minimum service requirement but refuse to do so could lose their jobs. There are also likely to be tougher thresholds introduced for industrial action to take place.
However, when asked about the plans, Starmer told reporters: “I don’t think this legislation is going to work. I’m pretty sure they’d have had an assessment that tells them that it is likely to make a bad situation worse.
“We will look at what they bring forward but if it’s further restrictions then we would repeal it. The reason for that is that I do not think legislation is the way you bring an end to a dispute.
“You’ve got to get in the room and compromise. You can’t legislate your way out of 13 years of failure. … Will we repeal it? Yes we will.”
A source told the Times: “This legislation will remove the legal immunity for strikes where unions fail to implement a minimum level of service. The strikes will be illegal. Ultimately people could be fired for breach of contract.”
Any minimum service levels would have to be agreed between unions and the government but ultimately specific levels could be imposed by ministers, should both sides fail to reach an agreement.
Government sources had already said an announcement would be made within days about a further legislative crackdown on industrial action – although stopped short of committing to introduce the law next week when parliament returns.
Speaking on Wednesday, Sunak said the “right to strike has to be balanced with the right of the British public to be able to go about their lives without suffering completely undue disruption”, and said new laws would restore the balance.
Sources are optimistic that a deal can be struck with rail workers, although waves of strikes are forthcoming across other sectors including the NHS where there is much less chance of a deal.
Other measures said to be under discussion include doubling the minimum notice period for industrial action to 28 days from the current 14, as well as reducing the six-month limit after a successful ballot.
Even if the legislation is brought before the House of Commons next week, it is highly unlikely to be in place before the summer because of anticipated delays in the Commons as well as the House of Lords – and then the law is likely to be challenged by unions in court.
A government spokesperson told the Times: “Ministers continue to explore further measures to help minimise disruption and protect the public but no decisions have been taken.
“Any legislation we do bring forward will aim to safeguard the rights of the public to get on with their daily lives and be kept safe, while recognising the rights of workers to strike.
“It is not our intention to penalise individual members for striking and we will make this clear; this is about ensuring that the public can expect that essential services will be protected during industrial action.”
News of the plans came as rail services were hit by a 24-hour strike by Aslef members at 15 train operators, which is sandwiched between two 48-hour strikes by RMT rail workers this week.
The Aslef general secretary, Mick Whelan, said he was due to have a first meeting with the rail minister, Huw Merriman, on Monday next week. “I hope he can move this on,” he said. “But there is no offer that solves this tomorrow.”
