Sir Keir Starmer has pledged to repeal new anti-strike laws introduced by Rishi Sunak’s government if Labour wins the next general election.
Union leaders have also vowed to fight legislation aimed at enforcing “minimum service levels” across key sectors expected to be unveiled by the prime minister in the comings days.
Mr Sunak is set to propose measures which could let employers sue trade unions and sack workers if minimum service levels are not upheld during industrial action in six key areas, according to reports.
Minimum service levels in the NHS, rail, education, fire, border security and nuclear energy would be agreed between the government and the unions, but could ultimately be enforced by ministers, said The Times.
Sir Keir said the legislative plan was “likely to make a bad situation worse”, accusing the Sunak government of being “all over the show” on moves to end the current wave of public sector strikes.
He added: “If it is further restrictions then we would repeal it and the reason for that is I do not think that legislation is the way that you bring an end to industrial disputes. Will we repeal it? Yes we will.”
The TUC is preparing to lead legal action against the government legislation, warning that restricting the right to strike could violate the Human Rights Act.
Tim Sharp, the TUC’s senior employment rights officer, said: “The Conservative government’s plans would be a significant curb on working people’s fundamental right to strike to defend their pay terms and conditions.
He added: “The measures are unworkable, counterproductive and almost certainly in breach of the Human Rights Act 1998. They can expect unions to fight this in parliament and in the courts.”
Mick Whelan, general secretary of the Aslef rail union, accused the government of coming up with “unworkable” proposals, and said his union would look at joining any legal action against government legislation.
The rail union boss also warned it could backfire on the government by prompting workers to stage longer periods of industrial action. “All it means is that we put more strikes on to pick up the shortfall,” Mr Whelan said – warning of “more days action to equate to the same level of effect that we have from one day now”.
The Fire Brigades Union said it would join legal action and “fiercely resist” any move to give bosses more powers to sack workers and sue unions over strike action.
“The Tories are clearly hellbent on criminalising and victimising trade unions with this threatened onslaught on the right to strike,” Matt Wrack, general secretary. “The FBU will fight this pernicious attack on workers both in and out of the courts.”
GMB and Unison – currently leading industrial action by nurses and ambulance staff – also vowed to fight against the government’s “desperate” anti-strike plans.
Unison’s head of health Sara Gorton said the government was “picking ill-advised fights with NHS employees and their unions to mask years of dismal failure to tackle pay and staffing”.
Paul Whiteman, general secretary of school leaders’ union NAHT, suggested it would not stop potential strikes among teachers in 2023. “When they legislate against you, you know you’re winning the argument,” he said.
Sharon Graham, leader of Unite the union, accused Mr Sunak of attempting “silly posturing” when negotiations were needed now to resolve strikes. “Whatever the latest scheme the government comes up with to attack us, unions will continue to defend workers,” she said.
The row comes as rail services were crippled by a third consecutive day of industrial action, with about 12,500 train drivers joined the Aslef strike across the country on Thursday, following a 48-hour picket by the RMT.
The RMT is staging another 48-hour strike from Friday in its bitter dispute over jobs, pay and conditions, and the union’s general secretary Mick Lynch has warned that industrial action will continue beyond May unless a reasonable offer is made.
