A legal challenge by eleven trade unions against the government's new strike-breaking agency worker regulations has been accepted by the high court in London.
With the high court granting permission for the legal challenge, a judicial review of “anti-worker” regulations which it is claimed threaten the right to strike is now expected to be heard in March next year.
Represented by Thompsons Solicitors the challenge was coordinated by the Trade Unions Council (TUC) on behalf of ASLEF, BFAWU, FDA, GMB, NEU, NUJ, POA, PCS, RMT, Unite and Usdaw – representing rail workers, journalists, food workers, shop workers and public sector workers, among many others.
The challenge will be heard along with separate legal cases launched by the Unison and NASUWT unions against the government’s agency worker regulations from late March onwards.
The TUC says the move is a “major blow” to government attempts to undermine workers’ right to strike for better pay and conditions.
With many unions carrying out industrial action this year after being presented with real-term pay cuts and challenges to their working conditions, the TUC says the legislation threatens the right to strike, accused the government of "attacking a fundamental British liberty and making it harder for working people to bargain for better pay and conditions in the middle of a cost of living crisis".
The unions argue that the regulations are unlawful because not only did the then Secretary of State for business fail to consult unions as required by law, but the new rules themselves violate fundamental trade union rights protected by Article 11 of the European Convention on Human Rights.
Richard Arthur, head of trade union law at Thompsons Solicitors, said: “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 warned that 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, with agency workers group REC describing the proposals as “unworkable” and a Lords committee even questioning “the practical effectiveness and benefit”.
TUC general secretary Frances O’Grady said: “The right to strike is a fundamental British liberty. But the 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.
“With inflation at 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."
She added: “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.”
On Wednesday rail workers are holding the second day of a 48-hour strike, while overnight, workers for Royal Mail said their planned pre-Christmas strikes are set to go ahead, after the company's bosses "chose to ignore a peace offer" from union representatives to tackle the postal backlog".