Trade unions and industrial action: key differences in Scotland and Northern Ireland

Updating author: Nick Chronias, DAC Beachcroft, consultant editor (Scotland): Gillian MacLellan, consultant editor (Northern Ireland): Gareth Walls

Future developments

On 20 July 2023, the Strikes (Minimum Service Levels) Act 2023 received Royal Assent, allowing the UK Government to set minimum service requirements during strikes in certain sectors across the UK (see Handling industrial action for more information). The UK Government has launched consultations on introducing minimum service levels in fire and rescue, key hospital and education services. As some of the services within the Act involve devolved areas that fall within the remit of the Scottish Government (for example, hospital and education services), it is uncertain whether minimum service levels will apply to those services in Scotland.

Scotland

The legislation that applies in England and Wales generally extends to Scotland. However, there are some limited exceptions.

Under the Highways Act 1980 it is a criminal offence wilfully to obstruct the free passage along a highway without lawful authority or excuse.