Darren Newman Profile picture
Jan 10 8 tweets 2 min read
The new Strikes Bill has been published. publications.parliament.uk/pa/bills/cbill…
It is not just a repeat of the Transport Strikes Bill - it is much more draconian. It gives the SoS sweeping powers to limit strikes - with no criteria limiting his discretion #ukemplaw
Nothing about ensuring safety of the public -nothing allowing trade unions and employers to reach their own agreements. SoS is free to set the minimum service level wherever he wants.
The Bill would allow him to say 'In any teachers' strike, at least 50% of teachers should still attend work'. School could then give a notice to union specifying which teachers should not be induced to take action. Actually he could set the figure at 90% if he wants
There is a duty to consult before issuing Regulations - but no requirement to accommodate the views of the union or employers.
Obviously the Government won't care that this amounts a clear breach of international labour standards. But it does.
One limit on the impact is that the union's breach can only be identified after the event. So the employer cannot get an injunction to stop the strike - only sue for damages afterwards.
And the damages are limited to the impact of the union failing to take reasonable steps to ensure the minimum service levels.
One other thing - the Act says that Minimum Service Level Regulations can be binding on a union even if the dispute precedes them - as long as the strike itself is scheduled for after the date the Regulations come in. Almost like Gov expects current disputes to still be ongoing

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More from @DazNewman

May 10, 2020
So I just searched for 'acas helpline and the first result I got was this: Image
You really have to be quite alert to realise that this isn't a service being offered by @acasorguk but is in fact a page for 'employers direct' Image
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Read 8 tweets
Apr 8, 2020
The Equality Act (10 years old today) was a close run thing. It was given Royal Assent two days after the announcement of the 2010 General Election. Parliament was dissolved on 12 April
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One of the big ticket measures in the Equality Act (it was put right at the beginning) was the duty on public bodies to 'reduce the inequalities of outcome which result from socio-economic disadvantage.' The new Government never implemented it.
Read 42 tweets
Apr 1, 2020
Like many in the #ukemplaw world I've basically been spending this week talking and writing about furlough and the coronavirus job retention scheme. This morning I've been struck with a sudden attack of scepticism 1/6
When push comes to shove all we have to go on is a guidance document and an assurance that the scheme will be up and running in time for the April payroll. But the technical work that needs to be done to put that in place is enormous 2/6
It swamps the employment law issues that I've been wrangling with - how do you choose which employees are furloughed? do you 'top up' the government's grant? can you take annual leave while on furlough? What if the scheme isn't ready in time? 3/6
Read 6 tweets

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