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Unions warn Strikes Act could breach post-Brexit deal and ‘stoke UK-EU tensions’
Protesters gather at the Protect The Right To Strike rally organised by the STUC, at the Donald Dewar Steps on Buchanan Street, Glasgow, to protest against the government's controversial plans for a new law on minimum service levels during strikes, February 1, 2023

THE TUC and Ireland’s ICTU warned today that the Strikes (minimum service levels) Act could breach a post-Brexit trade deal and inflame tensions between Britain and the EU.

According to the union bodies, the Act could put Britain in breach of its labour obligations under the UK-EU trade and co-operation agreement. 

The unions say that such a violation could lead to “hefty sanctions” and “stoke tensions” between Britain and the EU. 

Under the Strikes Act, which received royal ascent in January, new restrictions will be imposed on the right to strike. 

It will affect six sectors: health services; fire and rescue services; education services; transport services; nuclear decommissioning; and border security.

So-called “minimum service levels” must be provided during industrial action, meaning workers may have to break their own strikes.

If they refuse to comply, workers could be sacked with no recourse to employment protection laws, and the union could face legal action.

In a joint statement, the TUC and ICTU called the Tories’ Strikes Act a “brazen attack on the right to strike” that is “unworkable, undemocratic and very likely unlawful.”

“It risks putting the UK in breach of its labour standards commitments in the Trade and Co-operation Agreement with the EU – exposing the UK to hefty sanctions, and stoking UK-EU tensions,” the statement said.

“This is the last thing working people in Northern Ireland and the wider UK need — and it’s no good for working people in the Republic of Ireland and the wider EU either.”

TUC general secretary Paul Nowak elaborated: “It could put the UK in breach of its post-Brexit trade agreement with the EU.

“That could mean financial penalties on the UK, which would hurt workers and businesses.

“And it would sour the UK’s relationship with the EU — including the Republic of Ireland.

“That’s why we’ve joined forces with Irish unions to warn about this pernicious legislation.

“Ministers are playing fast and loose with international commitments because they want to distract from their appalling economic record.”

The warning was issued as unions from Britain and Ireland convened at the annual Council of the Isles to address pressing concerns impacting the workforce.

A Department for Business and Trade spokesperson said: “The minimum service legislation is compatible with all our international trade obligations — many members of the EU already have minimum service levels legislation in place covering a broad range of services.”

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