High Court grants unions permission for judicial review of regulations allowing use of agency workers during strikes
The High Court has granted permission for a judicial review of the Government’s new regulations which allow agency workers to fill in for striking workers.
The legal challenge, brought by 11 trade unions, coordinated by the Trades Union Congress (TUC) and represented by Thompsons Solicitors LLP, aims to “protect the right to strike”.
The claimant unions argue that the “anti-worker” regulations are unlawful, and that the move is a “major blow” to government attempts to undermine workers’ right to strike for better pay and conditions.
The trade unions bringing the legal challenge are ASLEF, BFAWU, FDA, GMB, NEU, NUJ, POA, PCS, RMT, Unite and Usdaw. 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 on the grounds that:
- 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 TUC has warned these new laws will “worsen industrial disputes, undermine the fundamental right to strike and could endanger public safety if inexperienced agency staff are required to fill safety critical roles.”
The Recruitment and Employment Confederation (REC), which represents suppliers of agency workers, described the proposals as “unworkable”.
TUC General Secretary Frances O’Grady said: “The right to strike is a fundamental British liberty. But this government seems hellbent on attacking it at every opportunity.
"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."
She added: “With inflation above an eyewatering 11%, ministers are shamelessly falling over themselves to find new ways to make it harder for working people to bargain for better pay and conditions.
“And these attacks on the right to strike 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 challenge this change in the courts.
“Working people are suffering the longest and harshest wage squeeze in modern history. They need stronger legal protections and more power in the workplace to defend their living standards – not less.”
The challenge will be heard along with separate legal cases launched by TUC-affiliated unions UNISON and NASUWT against the government’s agency worker regulations, which have also been granted permission by the High Court. A hearing will be held from late March onwards.
In addition to the agency worker regulations brought in last summer, the TUC has noted that ministers are already pushing through legislation on minimum service levels in transport – with the bill due for its second reading in the new year.
Richard Arthur, Head of Trade Union Law at Thompsons Solicitors, which represents the TUC-coordinated unions, said: “This is a timely reminder that the government is not above the law when it tries to restrict the rights of working people to take industrial action.
“The Court has agreed with the trade unions that the government’s decision-making should be scrutinised against UK and international legal standards at a hearing to take place from late March onwards.”
The TUC has also revealed it has 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”.
Lottie Winson
