A group of British unions who represent millions of workers are seeking to reverse the UK’s decision to allow temporary staff from outside agencies to stand in for those involved in strikes, calling the move unlawful.
(Bloomberg) — A group of British unions who represent millions of workers are seeking to reverse the UK’s decision to allow temporary staff from outside agencies to stand in for those involved in strikes, calling the move unlawful.
Unison, the UK’s largest trade union, along with Aslef and eleven other unions, kicked-off a so-called judicial review at London’s High Court on Wednesday. They are challenging the government’s U-turn on a 1970s rule that bans the supply of temporary workers to carry out duties normally performed by those striking.
The government peeled back the restrictions during last summer’s surging labor strikes, with walk-outs across industries ranging from trial lawyers to rail and postal workers. At the time, the government said the laws were “burdensome” and the change would help keep public services running.
The UK faces a fresh wave of strikes this year with teachers threatening walk-outs and some rail workers continuing action over the coming months. Meanwhile, the government is trying to push ahead with a pay deal for health workers despite nurses threatening another six months of strikes.
Lawyers for the the unions said that the government failed to consult with them before bringing in the new rules and the change interferes with strike legislation protected by human rights laws, according to court documents prepared for the hearing.
The Secretary of State’s “reliance on a consultation exercise in 2015 was unlawful owing to many significant changes across a multitude of factors and reasons in the intervening seven-year period,” lawyers for Unison said in court filings. The government can’t show the outcome would be the same if another “full, fair and meaningful” consultation exercise had been conducted in 2022, the lawyers said.
“We recognize the impact strikes have on the economy and the public and are clear that they should always be a last resort,” a government spokesperson said.
(Updates with government response in the final paragraph)
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