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Strikes (Minimum Service Levels) Bill

Moved by

Baroness O'Grady of Upper Holloway

4: The Schedule, page 4, line 40, at end insert—

“234CA Protection of employees

(1) A person is not subject to a work notice if the person in question has not received a copy of the work notice.

(2) It is for the employer to prove that an individual received a work notice.

(3) Failure to comply with a work notice is not to—

(a) be regarded as a breach of the contract of employment of any person identified in the work notice, or

(b) constitute lawful grounds for dismissal or any other detriment.

(4) Having regard to subsection (3), failure to comply with a work notice is deemed to be—

(a) a trade union activity undertaken at an appropriate time for the purposes of sections 146 (detriment on grounds related to union membership or activities) and 152 (dismissal of employee on grounds related to union membership or activities), and

(b) participation in industrial action for the purposes of sections 238 (dismissals in connection with other industrial action) and 238A (participation in official industrial action).”

Member’s explanatory statement

This amendment would prevent failure to comply with a work notice from being regarded as a breach of contract or constituting lawful grounds for dismissal or any other detriment.