whoosh
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As far as I’m aware this cannot be applied retrospectively, so as long as the unions keep re balloting on the original mandate which they can do indefinitely it won’t apply to this dispute.
Not the case I'm afraid:
"Minimum service regulations may be framed so as to have effect in relation to any strike that takes place after the day on which the regulations come into force, even if—
(a) notice of the strike under section 234A was given on or before the day on which the regulations come into force,
or
(b) the date of the ballot in respect of the strike was on or before the day on which the Strikes (Minimum Service Levels) Act 2023 comes into force."
But as I mentioned up thread, there is still a right for union members not to cross picket lines and the fact that upwards of 90 percent of drivers continue to vote for strike action , suggests at best you would get maybe 10 percent of the workforce prepared to cross the picket line.
"234E Work notices: no protection if union fails to take reasonable steps
(1) Where an employer gives a trade union a work notice in relation to a strike, an act done by the union to induce a person to take part, or to continue to take part, in the strike is not protected as respects that person’s employer if— (a) the work notice is given in accordance with section 234C, and
(b) the union fails to take reasonable steps to ensure that all members of the union who are identified in the work notice comply with the notice.
(2) In proceedings in tort that are brought against a trade union in reliance on paragraph (b) of subsection (1), any loss that would have been suffered even if the union had taken the reasonable steps mentioned in that paragraph is to be disregarded in calculating any amount to be awarded against the union by way of damages."
So basically the Union is on the hook for damages if people who are issued work notices, strike on the day they have a work notice.
Does this law specifically state that it is the Unions responsibility to provide staff or is the TOC liable for the minimum service level ?
The employer will issue the work notice. The Union will be liable if a member of staff who has been issued a work notice, strikes on the day mentioned in the work notice.