Unions launch judicial review challenge over changes to employment laws allowing use of agency workers during strikes

Teaching union NASUWT has joined Unison in issuing legal action against the Government’s move to allow employers to use agency workers in place of those on strike.

Unison last week initiated a judicial review application over what it said were unlawful changes to the The Conduct of Employment Agencies and Employment Businesses Regulations 2003 , which it said were unfair and based on unreliable evidence, including what it called “out-of-date and discredited findings from a 2015 consultation”.

These regulations stated agency workers could not be used to replace employees on strike but were changed in July.

NASUWT’s action is in similar terms. General secretary Patrick Roach said: “The Government is seeking to prevent workers taking collective action to defend their jobs, pay and working conditions in direct contravention of its international commitments and obligations. The right to strike is enshrined in international law.

“Such a change will have a profound impact on supply teachers, the overwhelming majority of whom are employed and supplied to schools via employment agencies, as well as schools and school leaders.”

Lawyers for the unions hope to show the Government has ignored Article 11 of the European Convention on Human Rights, which they argue protects the right to freedom of association and international labour standards on the right to strike.

The TUC is coordinating similar legal moves by other unions and these are likely to be heard together if they reach court, Unison said.

Those involved are the public services unions Unite, GMB, FDA and PCS, teaching union the National Education Union, transport unions Aslef and RMT and unions representing bakers, journalists, prison officers and shop workers.

A Government spokesperson said: “As we have said before, we make no apology for taking action so that essential services are run as effectively as possible, ensuring the British public don’t have to pay the price for disproportionate strike action.

“Allowing businesses to supply skilled agency workers to plug staffing gaps does not mandate employment businesses to do this, rather this gives employers more freedom to find trained staff in the face of strike action if they choose to.”

The Government said it was confident the changes were compliant with both domestic and international legal obligations.

Mark Smulian