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Judicial review hearing of “anti-worker” regulations
which “undermine the right to strike” kicks off today
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Unions will fight government attempts to undermine the
right to strike “all the way”, TUC warn
The High Court legal challenge brought by trade unions to protect
the right to strike begins today (Wednesday) – with the hearing
concluding tomorrow, and the result expected in a few weeks’
time.
The challenge has been brought by eleven trade unions,
coordinated by the TUC and represented by Thompsons Solicitors
LLP.
The unions – Aslef, BFAWU, FDA, GMB, NEU, NUJ, POA, PCS, RMT,
Unite and Usdaw – have taken the case against the government’s
changes to the law which allow agencies to supply employers with
workers to fill in for those on strike.
The challenge will be heard today and tomorrow along with
separate legal cases launched by TUC-affiliated unions Unison and
NASUWT against the government’s change to the agency worker
regulations.
The unions come from a wide range of sectors and represent
millions of workers in the UK.
The TUC says the hearing shows unions will fight government
attacks on the right to strike all the way – including through
the courts.
In addition to the agency worker regulations brought in last
summer, ministers are pushing through the Strikes (Minimum
Service Levels) Bill, which is currently making its way through
parliament.
Unlawful changes to regulations
The unions argue that the agency worker 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 changes to the regulations overturn a decades-long ban on
agency workers replacing strikers – and have been heavily
criticised by unions, agency employers, and parliamentarians.
The TUC has warned the changes to the law 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 rules.
TUC General Secretary Paul Nowak said:
“This government is brazenly attacking the right to strike. First
by cynically changing the law to allow employers to hire agency
workers to fill in for striking workers, and now with the
draconian anti-strikes Bill.
“Bringing in less qualified agency staff to deliver important
services could endanger public safety, worsen disputes and poison
industrial relations.
“And these strike-breaking agency regulations are likely illegal.
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 fight these attacks all
the way – including in the courts.
On the Strikes Bill and further attacks on the right to strike,
Paul added:
“With inflation running at more than 10%, ministers are falling
over themselves to find new ways to make it harder for working
people to bargain for better pay and conditions.
“It’s time to ditch the draconian anti-strikes Bill and protect
the right to strike.
“Working people need stronger legal protections and more power in
the workplace to defend their living standards – not less.”
