Using agency staff to cover strikes ruled unlawful

Employers tin nary longer usage bureau unit to screen striking workers during walkouts, the High Court has ruled.

The judgement, which follows a judicial reappraisal brought by 13 unions, overturns arguable authorities government introduced past year.

The TUC, which coordinated the action, called the ruling a "major blow" to "ministers' attempts to undermine the close to strike".

The authorities said it was disappointed and considering its adjacent steps.

"The quality to onslaught is important, but we support determination needs to beryllium a tenable equilibrium betwixt this and the rights of businesses and the public," a spokesperson for the Department for Business and Trade said.

The alteration to regulations, which became instrumentality successful January, was a effect to the question of strikes implicit wage and conditions that deed the UK past year.

It was brought successful by then-Business Secretary Kwasi Kwarteng, who astatine the clip said helium wanted to region "burdensome, 1970s-style restrictions" which made the usage of impermanent workers during strikes a transgression offence.

But the unions, which correspond astir 3 cardinal workers, argued that the authorities had breached their rights by failing to consult them connected the changes.

On Thursday, Judge Thomas Linden upheld their situation successful a written ruling, quashing the regulations.

He said Mr Kwarteng had made his determination to alteration the rules based connected "precious small information", relying alternatively connected a 2015 consultation which predated Covid and the cost-of-living crisis.

This, helium said, was "so unfair arsenic to beryllium unlawful and, indeed, irrational".

TUC wide caput Paul Nowak said the ruling was "a badge of shame for the Conservatives, who person been recovered blameworthy of breaching the law".

"Bringing successful less-qualified bureau unit to present important services risks endangering nationalist safety, worsening disputes and poisoning concern relations.

"The authorities railroaded done this instrumentality alteration contempt wide absorption from bureau employers and unions."

Richard Arthur, caput of commercialized national instrumentality astatine Thompson solicitors, which represented the unions, called the ruling "a important victory" for the commercialized national movement.

He added it would sphere "a captious safeguard successful ensuring the close to enactment successful concern enactment is effective".

The Department for Business and Trade said it had believed the determination to repeal the prohibition connected bureau workers covering strikes "complied with our ineligible obligations".

"We volition see the judgement and adjacent steps carefully," the spokesperson said.