The High Court hearing of this legal challenge begins today, concludes tomorrow and the result expected in a few weeks’ time.
Representing millions of workers in the UK, as well as Usdaw, the unions include: ASLEF, BFAWU, FDA, GMB, NEU, NUJ, POA, PCS, RMT and Unite. They are being coordinated by the Trades Union Congress (TUC) and represented by Thompsons Solicitors LLP. The unions argue that the regulations are unlawful because:
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 Government’s changes have been heavily criticised by unions, agency employers and parliamentarians. The TUC has warned these new laws will worsen industrial disputes, undermine the fundamental right to strike and could endanger public safety if agency staff are required to fill safety critical roles but haven’t been fully trained.
Paddy Lillis – Usdaw General Secretary says: “It beggars belief that, in the midst of a cost of living emergency, the Government has chosen to launch an ideological attack on workers’ rights. Instead of undermining trade union members, the Government should be working with us on urgent plans to eliminate low-pay and insecure work and they would do well to adopt Labour’s New Deal for Workers. With millions of households facing fuel poverty, the British public will look on in disbelief that ministers are prioritising attacks on trade unions over tackling spiralling prices and delivering fair pay awards.”
TUC General Secretary Paul Nowak said: “This Government is brazenly attacking the right to strike. First by cynically changing the law to allow employers to hire agency workers to fill in for striking workers, and now with the draconian anti-strikes Bill. Bringing in less qualified agency staff to deliver important services could endanger public safety, worsen disputes and poison industrial relations. And these strike-breaking agency regulations 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 fight these attacks all the way, including in the courts, on the Strikes Bill and further attacks on the right to strike.
“With inflation running at more than 10%, ministers are falling over themselves to find new ways to make it harder for working people to bargain for better pay and conditions. It’s time to ditch the draconian anti-strikes Bill and protect the right to strike. Working people need stronger legal protections and more power in the workplace to defend their living standards – not less.”
Notes for editors:
Usdaw (Union of Shop, Distributive and Allied Workers) is the UK's fifth biggest trade union with over 350,000 members. Most Usdaw members work in the retail sector, but the union also has many members in transport, distribution, food manufacturing, chemical industry and other trades www.usdaw.org.uk
Labour’s New Deal for Workers: www.usdaw.org.uk/LaboursNDW
For Usdaw press releases visit: http://www.usdaw.org.uk/news and you can follow us on Twitter @UsdawUnion