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The Tories' ‘minimum service levels’ legislation could face legal challenge
The government's current proposals to force transport unions to effectively break their own strikes may go against legally binding post-Brexit trade agreements — but we cannot fix this in the courts alone, write KEITH EWING and LORD JOHN HENDY KC
Mick Lynch Rishi Sunak

IN an earlier article on the Transport Strikes (Minimum Service Levels) Bill recently introduced by the government, we drew attention to the bizarre proposal that employers and trade unions should negotiate minimum service agreements.

The duty is to apply even where a trade union is not recognised by the employer for collective bargaining. Failure to reach an agreement will lead to the Central Arbitration Committee being summoned to do the government’s bidding by making a minimum service determination.

In this article, we examine another aspect of the Bill, together with the government’s claim that the legislation can be justified by reference to practice in other countries — specifically France and Spain — where it is said minimum service requirements already exist.

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