Unions launch legal challenge against law allowing agency workers to replace strikers

Unions have launched a legal challenge over a new law which allows businesses to hire agency workers to replace strikers.

The government is being challenged by 12 trade unions – Unite, Usdaw, BFAWU, UCU, RMT, Aslef, FDA, NEU, PCS, POA, Balpa and the GMB.

The new law came into force earlier this month, with the UK facing increased industrial unrest from a range of sectors as pay fails to keep up with rampant inflation.

Thompsons Solicitors, acting for the unions, wrote to Business Secretary Kwasi Kwarteng claiming the new law violates Article 11 of the European Convention on Human Rights and the EU-UK Trade and Co-operation Agreement.

These agreements cover a country’s responsibility to protect the right to collective bargaining and to follow international labour standards.

Mr Kwarteng has 14 days to respond before a judicial claim is filed.

Richard Arthur, head of trade union law at Thompsons Solicitors, said: “The Conservatives won the 2019 general election on the promise of raising standards in workers’ rights, and ‘levelling up’.

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“They have been determined to do the exact opposite.

“Whether it’s promises to remove retained EU workers’ rights or making it more difficult to organise industrial action, this government has shown its commitment to removing the means by which workers will get the pay rises they need to see them through the cost-of-living crisis,” Mr Arthur said.

“The new agency worker regulations were supposed to appease the right of the Conservative Party. That tactic didn’t work.

“Now we see Liz Truss talking of increasing minimum voter thresholds for industrial action, doubling the minimum strike action notice period to four weeks, and introducing a ‘cooling-off period’ for strike action.

“Internationally protected trade union rights are being used as red meat to feed, first to Boris Johnson’s detractors, and now to the Conservative Party’s members in the leadership election.

“If the business secretary won’t see sense, then he’ll face a judicial review.”

Unison announced last week that it had launched similar action.

‘Fanning the flames’

The union’s general secretary Christina McAnea said last week: “Sending agency staff into disputes to break strikes will only fan the flames and make it harder for employers and unions to reach agreement.

“Ministers have been spooked by the sympathy people are showing for workers fighting for fair wages.

“The government’s cynical solution is to ride a coach and horses through employment law, risking the safety of staff and the public by parachuting in agency workers who won’t know the ropes.”

A government spokesperson said: “The business secretary makes 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.”

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