Sadiq Khan should use new laws that can minimise the impact of strikes to keep London moving during a planned walkout by the biggest Tube union, the Government said on Thursday.
Transport Secretary Mark Harper called on the mayor to make use of the new “minimum service levels” legislation to reduce the impact of a RMT strike that is expected in early January.
The union has to give at least two weeks’ notice of a strike and a date could be announced on Thursday afternoon.
Under the new laws, which came into effect earlier this month, transport operators such as London Underground can order unions and staff to ensure that at least 40 per cent of services run normally.
Mr Harper said it was “regrettable” that a strike was being threatened. He told the Standard: “I don’t think people should be going on strike at all. We are trying to get people to use our public transport system, and it impacts workers across the economy.
“We put the minimum service levels [laws] on the books for a reason – it’s about making sure we can properly balance the right of people to go on strike but also the right of the public to get about.
“That tool is now available for the Mayor of London, and I very much hope he uses the tools that we have made available to keep public transport functioning for the people he is supposed to represent, the public in London.”
Mr Harper said it would be the first time that the new laws were used. “They’re a tool in the toolbox… and I hope he uses them to keep public transport moving for the benefit of Londoners.”
But speaking at Mayor's Question Time on Thursday, Mr Khan said the new legislation "isn't fit for purpose for TfL in relation to safety requirements" on the Tube.
He revealed that TfL was in talks with the RMT in a bid to prevent strikes taking place. "We are hoping to resolve these issues amicably," Mr Khan said.
Tory mayoral candidate Susan Hall said Mr Khan “absolutely” should use the new laws. “Londoners need to get into work,” she said.
“We have been through the horror that was the pandemic. We now need to enable to get to work and to earn money. Lots of people don’t earn money if they don’t go into work.”
RMT leaders are seeking a pay rise of about 11 per cent, including a minimum £5,000 increase for the lowest paid station staff, who typically earn less than half of the £63,901 received by Tube drivers.
The pay battle is for the current year and would have to be backdated to April. TfL says it cannot afford to pay more than five per cent, and its offer has already been accepted by Aslef, which represents the majority of drivers.
The RMT walkout is almost certain to bring the Tube to a standstill in central London, with the vast majority of stations having to close. However some trains may able to run shuttle services in the suburbs.
The Elizabeth line and London Overground will operate as normal.
Mr Khan faces the dilemma of further antagonising the unions if he relies upon the new anti-strike laws, while needing to keep the capital moving. TfL typically loses about £3m in lost fares on a Tube strike day.
A source close to Mr Khan said: “While no strike dates have been confirmed, Sadiq has always been clear that he believes that negotiation and speaking with workers is better than blunt legislation to resolve concerns among workers. The Tories’ record on strikes across the country over the last few years has been abysmal.”
