Enacted with effect from the 8th December 2023 along with the statutory code of practice, and emanating from the Strikes (Minimum Service Levels) Act 2023, these represent the first set of regulations setting out minimum service levels. Within the rail sector, for instance, at least 40% of services must be maintained. Under the new rules, employers will be required, prior to a strike, to compile a list (known as a "work notice") of essential workers required to maintain minimum service levels. Those workers included on the list would be prohibited from striking, and would face dismissal if they did so. Moreover, trade unions that fail to take "reasonable steps" to ensure that work notices are complied with, could be held liable for damages of up to £1 million.
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