Employment Rights Act 2025

78 Repeal of provision about minimum service levels

(1) In the Trade Union and Labour Relations (Consolidation) Act 1992, omit sections 234B to 234G (minimum service levels for certain services).

(2) Accordingly, in that Act—

(a) in section 219 (protection from tort liabilities), in subsection (4), for the words from “to”, in the first place it occurs, to “steps);” substitute “to—

(a) sections 222 to 225 (action excluded from protection),

(b) section 226 (requirement of ballot before action by trade union), and

(c) section 234A (requirement of notice to employer of industrial action);”;

(b) in section 234A (notice to employers of industrial action), in subsection (3)—

(i) at the end of paragraph (a), insert “and”;

(ii) omit paragraph (ba) and the “and” before it;

(c) omit the italic heading before section 234B;

(d) for the italic heading before section 235 substitute “Sections 226 to 234A: meaning of “contract of employment””;

(e) in section 235 (construction of references to contract of employment)—

(i) in the heading, at the end insert “in sections 226 to 234A”;

(ii) for “to 234G” substitute “to 234A”;

(f) in section 238A (unfair dismissal: participation in official industrial action)—

(i) in subsection (2), insert “and” at the end of paragraph (a) and omit paragraph (aa) (and the “and” after it);

(ii) for subsection (9) substitute—

“(9) In this section “date of dismissal” has the meaning given by section 238(5).”;

(g) in section 246 (minor definitions), for “where section 229(2A) applies (see that section and 234G(2))” substitute “for the purposes of section 229(2) (see section 229(2A))”;

(h) in section 299 (index of defined expressions)—

(i) in the entry for “contract of employment”, for “234G” substitute “234A”;

(ii) in the entry for “not protected”, for “, 234A and 234E” substitute “and 234A”;

(iii) omit the entries for “minimum service regulations (in Part 5)”, “relevant service (in Part 5)” and “work notice (in Part 5)”.

(3) The Strikes (Minimum Service Levels) Act 2023 is repealed.