Fire and Rescue Services: Consultation on Minimum Service Levels

On 10 January, the Government introduced the Strikes (Minimum Service Levels) Bill in Parliament. This is part of the Government plan to ensure the ability of the unions and their members to strike whilst giving confidence to the wider public that they can retain access to key services during periods of strike action.

The Bill gives Secretaries of State the power to use regulations to set a minimum service level in six specified sectors and also specify the “relevant services” to which they apply. Fire and rescue services are defined as one of the six sectors.

The Bill sets out that where a trade union gives notice of strike action the employer may decide to issue a work notice, in accordance with the minimum service level set, ahead of the strike day(s). The work notice will specify the individuals required to work in order to meet the minimum service level and the nature of the work that they must carry out.

Prior to using regulations to set minimum service levels for any of the sectors in scope of the Bill, the relevant Secretary of State is required to consult such people as they consider appropriate. The Secretary of State must also consult—before specifying in regulations—the particular services to which MSLs will apply.

Today a public consultation has been published on gov.uk to fulfil these requirements in relation to the fire and rescue services. In addition, Home Office officials will continue to engage with key fire and rescue service stakeholders. The consultation will run for 12 weeks from 9 February to 3 May 2023.

The consultation sets out that the essential services in scope of a minimum service level should be those required to deal with emergency incidents that pose an immediate risk to the public. This should include but not be limited to:

• Firefighting.

• Rescues (including, but not limited to, on the road network, water rescue or rescues at height). This includes actions to avoid further harm such as rectifying potentially hazardous situations to avoid future risk of fire and rescue, for example clearance of debris on motorways and major roads.

• Dangerous substance clean-up.

• Services necessary to carry out the above, including for example control room activities. Other activities undertaken by fire and rescue services, such as fire safety audits and domestic fire safety visits, remain vital but it is less arguable that there could be an immediate risk to life as a result of strike action by staff providing these services. We therefore do not consider that these services should be subject to a minimum service level at this time. However, the consultation asks respondents to consider any further services that should be brought into scope of the minimum service level, for example, in the event of prolonged strikes by fire and rescue service staff.