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Law changes will be quashed as of today after High
Court ruled they were unlawful
The TUC has today (Thursday) called on ministers to make a “clear
commitment” they will not overturn the renewed ban on agency
workers replacing those on strike.
The call comes as the government’s strike-breaking agency worker
regulations, which allowed agencies to supply employers with
workers to fill in for those on strike, are quashed as of today
after the High Court ruled they were unlawful.
Last month, the High Court ruled that the then Secretary of State
for Business, Energy and Industrial Strategy, , failed to consult unions,
as required by the Employment Agencies Act 1973.
Eleven trade unions,
coordinated by the TUC and represented by Thompsons Solicitors
LLP, brought legal proceedings against the government’s changes
to agency worker regulations in a bid to protect the right to
strike.
Heavy criticism from employers and unions
The government recently decided it would not appeal the judgment,
but hasn't confirmed its longer-term plans for the law. The TUC
says reversing the ban again, which had been in place since 1976,
would be a huge mistake.
The short-lived change in agency worker regulations was heavily
criticised by unions, agency employers, and parliamentarians.
The TUC had warned the change could worsen industrial disputes,
undermine the fundamental right to strike and 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, has previously described
the rules 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.
Right to strike
The TUC says the High Court judgment was a “major blow” to
“ministers’ attempts to undermine the right to strike”.
The TUC has accused the government of adopting the same “reckless
approach” with its anti-strike legislation.
Like the agency worker regulations, the Strikes Act, which passed
last month, has been widely criticised by employer groups,
politicians and lots more. And ministers
rushed the legislation through parliament.
The Act could lead to workers being forced to work even when they
have democratically voted to strike, and workers facing the sack
if they refuse to comply.
TUC General Secretary Paul Nowak said:
“Ministers know they broke the law when they tried to push
through unworkable, shoddy legislation on agency workers covering
for strikers.
“That’s why they have done the right thing and decided not to
appeal against the High Court’s judgment.
“Bringing in agency staff to deliver important services in place
of strikers risks endangering public safety, worsening disputes
and poisoning industrial relations
"The government railroaded through this law change despite
widespread opposition from agency employers and unions. That’s
why the Court were right to rule the change unlawful.
“It’s time for clear commitments from ministers that they won’t
overturn the ban on using agency workers during strikes.
“And they should scrap the Strikes Act too – another piece of
legislation that has been rushed through parliament, which will
only sour industrial relations and drag out disputes.”
