UK train drivers call off extra walkouts as threat to use anti-strike law dropped

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UK train drivers have called off additional walkouts on the East Coast mainline after bosses gave up on plans to use anti-strike laws for the first time to keep trains running next week during planned industrial action.

The Aslef union announced last week that it would add an extra five days of strikes at LNER from Monday, February 5 in protest at plans by the state-run operator to use legislation on so-called minimum service levels to keep some of the timetable running during a one-day walkout on Friday, February 2.

It reversed that decision on Monday after management backed down on using the new powers, according to a person familiar with the matter.

The U-turn is a blow to government hopes that employers would use the powers to limit the effects of strikes, in the first big test of the legislation that covers some public sector workers, including rail staff.

LNER declined to comment on the planned use of the anti-strike legislation but said it welcomed Aslef’s decision.

The industrial action on February 2 will still go ahead on LNER as part of a broader week of rolling strikes across the rail network in a long-running row over pay.

LNER’s decision makes it unlikely that any other train operator will seek to use the law to enforce minimum services during next week’s action.

Some operators, including TransPennineExpress, Northern and Southeastern, had indicated to the union that they were considering using the powers, but have decided against it, according to the industry source.

Employers must give unions seven days’ notice to enter a consultation on minimum service levels, and the first rail strikes are set to start on Tuesday January 30.

Union officials believed LNER and other operators were under pressure from ministers to use the laws that allow employers to name staff required to work during walkouts in order to ensure a minimum service in critical sectors.

The DfT said: “The Minimum Service Levels legislation is available for train operating companies to use, and the government has made it clear train operators should be ready to use them to reduce the impact of rail strikes on passengers.”

The government has said the law was needed to protect public safety and the wider economy from the effects of strikes. It laid down regulations last year on the minimum service levels to apply during industrial action by rail workers, ambulance crews and border officials. It has also consulted on proposals to implement a minimum service in other areas, including hospitals, schools and fire and rescue services.

Unions, who see the legislation as an existential threat, have pledged to resist its implementation by all legal means. Officials have also made it clear they view the rules as practically unworkable, and more likely to complicate disputes than to resolve them.

Some senior managers too were privately lukewarm about the wisdom of the legislation. The Rail Delivery Group, which represents the industry, has previously said minimum service levels were “not a silver bullet”.