On Saturday 9 December, the Trades Union Congress held its first special congress since 1982. Hundreds of delegates representing TUC-affiliated unions gathered in central London to debate the movement’s response to government attacks on the right to strike.
The special congress, which was chaired by FBU general secretary Matt Wrack in his capacity as this year’s TUC president, backed a statement which set out a strategy to resist the new legislation, up to and including non-compliance.
The Strike (Minimum Service Levels) Act became law in July. It is an attempt to severely curtail the right to strike in six key sectors: health, education services, fire and rescue, border security, transport, and nuclear decommissioning. It allows the government to set “minimum service levels” which employers can use to issue “work notices” to named workers who could face the sack if they strike.
In other words, some workers could be required to work on a strike day, despite having a democratic mandate for industrial action. Even worse, unions will be expected to tell their members to abide by “work notices”.
At the time of writing, the government had yet to announce minimum service levels for the fire and rescue service. However, the picture is becoming slightly clearer because it has published plans for other sectors, including rail and the ambulance service.
This is an attack on our basic democratic rights. We cannot rely on judges and politicians to protect us. Workers must defend themselves
The UK already has some of the most restrictive anti-union laws in the world. In the fire and rescue service, minimum service levels could be set at such a high level that they amount to an effective ban on strike action.
It seems that services which are run by devolved administrations – for instance the fire and rescue services in Scotland and Wales – may not be covered. This will not be known for certain until the exact regulations are published in 2024.
The FBU has opposed this law ever since it was proposed. In the past, mass non-compliance has worked as a means of rendering anti-union laws inoperable. For that to work, unions must coordinate with each other and act to protect workers who are subject to work notices.
This strategy was adopted by the whole of the TUC in September and was reaffirmed at the special congress on 9 December.
Crucially, the conference agreed that unions would “refuse to tell our members to cross picket lines”, which would amount to defying the Act.
Speaking after the conference, Matt Wrack said: “This new law is an attempt to ban strikes in many sectors of the economy, including the fire and rescue service. The trade union movement cannot passively accept that outcome, and it won’t.
“Rather than negotiate with frontline workers during a cost of living crisis, the Tories are threatening them with the sack.
“This is an attack on our basic democratic rights. We cannot rely on judges and politicians to protect us. Workers must defend themselves.”
