High court rules ‘strike breaking’ agency worker regulations are unlawful
A legal challenge brought by the NUJ and several unions has defeated the UK government’s efforts to allow agency workers to fill in for employees on strike.
The National Union of Journalists (NUJ) has welcomed victory in a legal challenge coordinated by the Trades Union Congress (TUC) with ASLEF, BFAWU, FDA, GMB, NEU, POA, PCS, RMT, Unite and Usdaw.
The government had proposed a change in agency worker regulations allowing agency workers to fill staff positions while on strike. Unions had warned of the danger this could cause across sectors, including where agency workers were not equipped with necessary training to cover work. The TUC had raised this could also undermine industrial disputes and the fundamental right to strike.
Despite opposition to the regulations, government proceeded and failed to conduct required consultations or heed advice. The judgment states “the approach of Mr Kwarteng was to commit to the revocation of regulation 7 at a time when the advice to him was that it would be of negligible short-term benefit and probably be counterproductive.”
Michelle Stanistreet, NUJ general secretary, said:
“Today’s emphatic ruling sends a clear message to government that its hurried efforts to undermine workers while breaking the law can be challenged and defeated. This is a victory for all workers, one that the NUJ is proud to be part of. Rights to strike must be protected.
“Despite clear warning from trade unions of the harm this legislation would cause, the government pursued this shameful bill. It’s time for Ministers to wake up and reverse damaging plans on the anti-strike bill that would further threaten workers’ protections and their human rights.”
The High Court ruled ministers failed in their duty to consult trade unions as required by the Employment Agencies Act 1973.
Paul Nowak, TUC general secretary, said:
“This defeat is a badge of shame for the Conservatives, who have been found guilty of breaching the law.
“Bringing in less-qualified agency staff to deliver important services 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. The courts even found ministers ignored evidence that the measure would be counterproductive.
“This is the same reckless approach behind the anti-strike bill, which has faced a barrage of criticism from employers, rights groups and international bodies, and which has been amended by the House of Lords on three separate occasions during parliamentary ping-pong. Ministers should spare themselves further embarrassment.
“These cynical strike-breaking agency worker laws must be scrapped once and for all – and the draconian anti-strike bill must be junked for good too.”