The NASUWT-The Teachers’ Union has succeeded in
winning its legal action against the Government over its
unlawful decision to allow the use of agency workers to cover for
striking workers.
The High Court has ruled that the legislation, which allows
employers to use agency workers to replace those on strike, was
unlawful, unfair and irrational.
The judgment quashes this strike-breaking legislation, removing
it from the statute books. The previous protection for striking
workers has been restored.
The NASUWT believes that the regulations violate fundamental
trade union rights, including the right to strike, and
launched a subsequent legal challenge with the High
Court in September 2022.
Dr Patrick Roach, NASUWT General Secretary,
said:
“This victory is a vital one which upholds the basic rights of
teachers and all working people. The Government’s regulations
sought to undermine and weaken the rights of all workers,
including teachers, to take legitimate industrial action.
“The right to strike is enshrined in international law, yet the
Government has attempted to use the law to prevent teachers and
other workers taking collective action to defend their jobs, pay
and working conditions.
“We have always believed that the legislation is a direct
contravention of the Government’s international commitments and
obligations and the High Court has now agreed with us, deeming
this anti-trade union legislation to be unlawful.
“Rather than seeking to abuse its powers to erode the rights of
workers, the Government should be focused on improving the pay
and working conditions of all workers, including agency workers,
tackling the cost of living crisis, and ensuring that supply
teachers have the same protections and rights afforded to all
other teachers from day one.”
