tallpaul82
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ASLEF have just announced that the 5 day strike planned for 5th - 9th Feb has been cancelled. Reasons for the cancellation not yet know.
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LNER ASLEF 5 day strike - cancelled
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duffield
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So, the extra LNER specific strike action is cancelled then? The original multi-TOC action is still on?
If that's the case, maybe it's because despite the previous rumours, LNER have decided not to use the Minimum Service Level laws after all?
If that's the case, maybe it's because despite the previous rumours, LNER have decided not to use the Minimum Service Level laws after all?
This was for LNER who I believed were going to use the governments new minimum service legislation, however they are now not using that, so presume reason for cancellation.
Must confess it does make it look more and more like that escalation of the strike action on LNER was down to them consulting about using the new MSLs rather than the stated reason of "furtherance of the dispute on pay, terms and conditions"....
It had already been confirmed that LNER were not going to use the Minimum Service Level laws.
ThameslinkUser
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tallpaul82
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More than likely. Protesting against legitimate use of laws wouldn't fit within the terms of a 'trade dispute'. As ever, politics is more important than the letter of the law.
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If true then this would be a significant win for the trade union movement.
Thanks.
Think they must have all been uploading the stories as I typed my response
It certainly changes the calculation doesn't it? Interesting times ahead I think...
No it’s cancelled.
The strike on the 2nd and the overtime ban from 29th Jan to 6th Feb remains in place.
The dispute is about pay and conditions. ASLEF had a strike day planned and LNER were considering using MSL laws to reduce the effectiveness of the strike by making half of the staff come in anyway. ASLEF therefore planned to compensate for the reduction in impact by adding extra days. Reacting to the (possible) use of MSL laws doesn't mean that it's not about the existing dispute.
Guardian https://www.theguardian.com/business/2024/jan/22/train-drivers-extra-strike-lner-aslef
So the new legislation turns out to be .... unusable! Well, at least for now.
A perfectly sensible position to take on the matter! I have no strong feelings either way. But do think it would have been interesting to see how it panned out if LNER had taken ASLEF to court over it. Thankfully it seems cooler heads have prevailed.
Busaholic
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Utterly predictably unusable, I'd say. Would individuals have to be dragged into work, and, if so, by whom?
duffield
Established Member
I wonder if we'll find out, officially or (more likely) unofficially, exactly why LNER didn't go ahead with the Work Notices, and then take ASLEF to court over the extra strike action? I would have guessed the government via the DfT would have pressured them to do so.
Bletchleyite
Veteran Member
I do recall seeing a rumour along those lines on Twitter a couple of days back.
Sense has prevailed. MSL's will prove an unmitigated disaster for the operators & passengers, if invoked. Pure political theatre from the Tories.
There is an overwhelming need for a resolution, which will come about only through constructive dialogue, not via desperate authoritarian power-grabbing MSL legislation.
There is an overwhelming need for a resolution, which will come about only through constructive dialogue, not via desperate authoritarian power-grabbing MSL legislation.
A win for the customer surely.
Don’t implement MSL = 1 day strike (a pain but it can be got around)
Do implement MSL = That same 1 day strike PLUS a 5 day strike on top of that.
Which would you prefer?
So love or hate him Dominic Cummings was essentially right re his Govt v Civil Service views
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whoosh
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To court for what?
Seems quite clear to me:
Agree to hold talks - less action.
Don't do anything - advertised action.
Try and implement MSLs - increased action.
MSLs aren't the law. The law just now says that MSLs CAN be mandated, not that they MUST. If they are chosen to be implemented, then that is an escalation of the dispute, as it is sticking two fingers up to having talks. An escalation of the dispute on one side, can involve an escalation of the dispute on the other - such as more days affected.
It is the same dispute, with the same mandate for action. A strike, or action short of a strike can be called with 14 days notice.
Again a perfectly reasonable argument that I don't particularly disagree with. But I certainly think that it would have been possible to run a counter argument to the effect that ASLEF are striking over a matter they've not balloted on. I make no comment as to the merit nor likelihood of success of that argument.
Indeed thankfully cooler heads have prevailed and I rather suspect that the DfT/LNER have poisoned any future attempts to use the MSL powers. Probably in any industry not just the railway.
Tory policy? Proving an abject failure? I too am surprised! Perhaps the MSL policy will become known as the Rwanda policy of industrial relations
Tory policy? Proving an abject failure? I too am surprised! Perhaps the MSL policy will become known as the Rwanda policy of industrial relations
Just as they were warned about. No great surprise there!
It’s both, as so many things are (see for example the latest thing the government lost at - ticket office closures).
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No laws have been broken, so nothing to go to court about. If MSLs are indeed ever used it would likely provoke a huge legal battle, as the law likely contravenes human rights legislation.
Silverlinky
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Worth remembering that MSL's (and the law behind them) do not apply to just train drivers. The act covers Health services, Firefighters, teachers, border security and others.
Its a dangerous precedent to set just pulling the MSL's on the railway and then expecting other professions to have them imposed on them.
I am guessing this is just a stay of execution as far as rail workers are concerned, and that individual TOC's did not know what level of service to provide, let alone how they were going to provide it. It would not surprise me to find that "next time" the individual toc's (under a heap of pressure from the DFT) are more prepared to put a plan into action with the aim of running services on strike day.
Its a dangerous precedent to set just pulling the MSL's on the railway and then expecting other professions to have them imposed on them.
I am guessing this is just a stay of execution as far as rail workers are concerned, and that individual TOC's did not know what level of service to provide, let alone how they were going to provide it. It would not surprise me to find that "next time" the individual toc's (under a heap of pressure from the DFT) are more prepared to put a plan into action with the aim of running services on strike day.
I agree that it's to early to assume MSL have proven unworkable. It could just be that LNER didn't have the necessary resources to implement this time. I'd be very surprised if another attempt was not made in the next set of strikes.
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