Recommendation 12

We find it hard to see how it is compliant with Article 11 ECHR to expose any participant in industrial action to the risk of dismissal simply because a trade union fails to take unspecified “reasonable steps” required in respect of those subject to a work notice. In our view, the Government has not provided sufficient justification for this consequence or explained why the minimum service scheme could not Legislative Scrutiny: Strikes (Minimum Service Levels) Bill 2022–2023 35 be effective without it. We recommend the Bill is amended to protect against this consequence for employees. We have included a draft amendment to achieve this aim in the Annex to this report (Amendment 6).