LNER climbdown leaves new Government strike laws 'stillborn'

An ASLEF spokesperson described new minimum service levels legislation as 'seemingly stillborn' today, after LNER withdrew its plans to enforce new minimum service levels. The U-turn prompted ASLEF members to call off strike action during next week's industrial action (February 5-9). LNER drivers still plan to strike on February 2, as part of a separate row over pay and conditions.

LNER, which runs trains on the East Coast Main Line from London to Scotland, informed ASLEF it intended to use the controversial new laws to run trains during the initial 24-hour strike called for Friday, February 2. The union then said it would strike for another five days from 5 to 9 February, which it has now rescinded in response to the climbdown.

Minimum service levels, compel some drivers to work during the strike period, and run a minimum 40% of the usual timetable.

The outcome of the first opportunity to use the new legislation throws doubt on the appetite for Train Operator Companies (TOCs) to enforce the new laws, which rail industry bosses already feared could be unworkable.

A spokesperson for Rail Delivery Group said: "Minimum Service Level legislation is one of many useful tools for managing strike disruption, but it is not a silver bullet. Operators' guiding principle is always to make sure they can offer the best, most reliable services possible for their passengers on and around industrial action days, and to do that they need to make careful assessments of their own particular operational circumstances before deciding the best way forward."

Results may vary

On Thursday last week, Rail Minister Huw Merriman said the Government hoped the minimum service levels would be implemented, but it was "a matter for the employers".

RAIL understands that no other TOC has confirmed whether it would attempt to use the new laws, with (as of January 23) none starting the process of consultation ahead of issuing notices obliging staff to work.

'Spiteful legislation'

Quoted by The Guardian, TUC general secretary, Paul Nowak, said: “No decent employer would force workers to work during strikes – and threaten them with the sack if they fail to comply. We are clear. The full force of the union movement will stand behind any worker disciplined or sacked for exercising their right to strike.

“Unions will keep fighting this spiteful legislation. We won’t stop until it is repealed.”

Rolling strikes will still affect other operators each day, starting January 30, affecting the following companies (in England only):

• Tuesday January 30: Southeastern, Southern, Gatwick Express, Great Northern, Thameslink, South Western Railway and SWR Island Line
• Wednesday January 31: Northern Trains, Transpennine Express
• Friday February 2: Greater Anglia, C2C, LNER
• Saturday February 3: West Midlands Trains, Avanti West Coast, East Midlands Railway
• Monday February 5: Great Western, CrossCountry, Chiltern