Government confirms approach to setting minimum service levels for fire, but union says it is ‘draconian’

Following on from new legislation last year that allows the government to set minimum service levels in the event of a strike by certain services, the Home Office has said that levels for fire service emergency response will be based on the number of available appliances and not the number of people.

In its response to a consultation on the way in which minimum service levels would work in fire, the Home Office said that this approach would give ‘appropriate local flexibility to determine the number of staff who should be included on work notices in order to meet the level of service specified in regulations.’

The government said it will set the minimum service level at 73 per cent of appliances that would normally be available on a non-strike day.

The regulations will also apply to staff working in control rooms and in fire safety where different approaches are set out in the consultation response. It will be up to fire and rescue services to determine how to ‘best to ensure these services continue to function, including other potential sources of cover, and how many employees will need to be included on work notices to help fulfil that.’

The Strikes (Minimum Service Levels) Act achieved Royal Assent on 20 July 2023 and creates a power for relevant secretaries of state to make regulations providing for levels of service where there are strikes in relevant services, which are defined as ‘minimum service regulations’.

“The Government firmly believes that the ability to strike is an important part of industrial relations in Great Britain: however, these regulations will provide fire and rescue services with a useful mechanism through which they can enhance public safety during any future strike action.”

Rt Hon Chris Philp, Fire Minister.

The Fire Brigades Union was one of six trade unions to respond to the consultation that ran late last year and resulted in 72 responses overall including 38 from individual fire and rescue services and the National Fire Chiefs Council.

Responding to the publication of the government’s response, Matt Wrack, Fire Brigades Union general secretary said that it was ‘a draconian attempt’ to end strikes in the fire and rescue service, adding that it was the basis on which to ‘attack the pay and conditions of firefighters and other workers.’  

“It’s one of the worst assaults in the last century on the rights of working people to defend themselves. The Fire Brigades Union will resist this dictatorial legislation in every way possible.”

Matt Wrack, General Secretary of the Fire Brigades Union.

The government will have to lay regulations in Parliament before the changes can take effect.