Eleven trade unions, coordinated by the TUC and represented by
Thompsons Solicitors LLP, today (Wednesday) began legal
proceedings to protect the right to strike.
The unions – ASLEF, BFAWU, FDA, GMB, NEU, NUJ, POA, PCS, RMT,
Unite and Usdaw – have taken the case against the government’s
new regulations which allow agency workers to fill in for
striking workers and break strikes.
The unions come from a wide range of sectors and represent
millions of workers in the UK.
The unions argue that the regulations are unlawful because:
- The then Secretary of State for business failed to consult
unions, as required by the Employment Agencies Act 1973.
- They violate fundamental trade union rights protected by
Article 11 of the European Convention on Human Rights.
The change has been heavily criticised by unions, agency
employers, and parliamentarians.
The TUC has warned these new laws will worsen industrial
disputes, undermine the fundamental right to strike and could
endanger public safety if agency staff are required to fill
safety critical roles but haven’t been fully trained.
The Recruitment and Employment Confederation (REC), which
represents suppliers of agency workers, described the proposals
as “unworkable”.
The Lords Committee charged with scrutinising the legislation
said “the lack of robust evidence and the expected limited net
benefit raise questions as to the practical effectiveness and
benefit” of the new laws.
The TUC also recently reported the
UK government to the UN workers’ rights watchdog, the
International Labour Organization (ILO), over the recent spate of
anti-union and anti-worker legislation and proposals, including
the government’s agency worker regulations, which it says are in
breach of international law.
TUC affiliated unions UNISON and NASUWT are also launching
separate individual legal cases against the government’s agency
worker regulations.
TUC General Secretary Frances
O’Grady said: “The right to strike is a fundamental
British liberty. But the government is attacking it in broad
daylight.
"Threatening this right tilts the balance of power too far
towards employers. It means workers can't stand up for decent
services and safety at work – or defend their jobs and pay.
“Ministers failed to consult with unions, as the law
requires. And restricting the freedom to strike is a breach of
international law.
“That’s why unions are coming together to challenge this
change in the courts.
“Workers need stronger legal protections and more power in
the workplace to defend their living standards – not less.”
Richard Arthur, Head of Trade Union Law at
Thompsons Solicitors LLP, said: “The right to strike is respected
and protected by international law including the Conventions of
the ILO, an agency of the United Nations, and the European
Convention on Human Rights.
“The Conservative government should face up to its legal
obligations under both domestic and international law, instead of
forever trying to undermine the internationally recognised right
to strike.”
ENDS
Notes to editors:
- TUC submission to ILO committee of experts,
September 2022 https://www.tuc.org.uk/research-analysis/reports/tuc-submission-ilo-committee-experts
