The British government’s decision to allow companies to hire agency staff to cover for striking workers has been overturned by the High Court, who upheld a legal challenge by 13 trade unions that it was unlawful.
The change to regulations last year, during an ongoing wave of disputes over pay and conditions, made it easier for businesses to use temporary staff during industrial action.
But the 13 unions, which represent around three million workers, argued Britain is breaching union rights with the regulations, which they say could worsen industrial disputes and endanger public safety.
Judge Thomas Linden upheld the unions’ legal challenge in a written ruling and quashed the regulations.
A spokesperson for the Department for Business & Trade said it was disappointed with the ruling and that the government was considering its next steps carefully.
Judge Linden said in his ruling that there was virtually no consultation before the decision and then-business secretary Kwasi Kwarteng “did not even consider the information available as to the responses to the 2015 consultation”.
The trade unions welcomed the ruling, with Unite describing it as “a total vindication for unions and workers”.
UNISON general secretary Christina McAnea said: “No one ever wants to go on strike. But when that difficult decision has been taken, employers should be throwing everything but the kitchen sink at ending a dispute, not inflaming tensions by undermining staff.”
From 10 August 2023, the supply of agency workers to cover the duties of those taking industrial action will be prohibited. Organisations thinking of making use of agency workers in the future – to carry out the duties of staff taking strike action – will need to make alternative arrangements.
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