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 Frances O’Grady said: ““The right to strike is a fundamental British liberty but the Government seems hell-bent on attacking it at every opportunity. Threatening this right tilts the balance of power too far towards employers. It means workers can’t stand up for decent services and safety at work – or defend their jobs and pay.
“With inflation at an eye watering 11%, ministers are shamelessly falling over themselves to find new ways to make it harder for working people to bargain for better pay and conditions. These attacks on the right to strike 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 challenge this change in the courts.
“Working people are suffering the longest and harshest wage squeeze in modern history. They need stronger legal protections and more power in the workplace to defend their living standards – not less.”
Richard Arthur, Head of Trade Union Law at Thompsons Solicitors LLP, said: “This is a timely reminder that the Government is not above the law when it tries to restrict the rights of working people to take industrial action. The court has agreed with the trade unions that the government’s decision-making should be scrutinised against UK and international legal standards at a hearing to take place from late March onwards.”
Notes for editors:
Usdaw (Union of Shop, Distributive and Allied Workers) is the UK's fifth biggest trade union with around 360,000 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.
TUC submission to ILO committee of experts, September 2022:
https://www.tuc.org.uk/research-analysis/reports/tuc-submission-ilo-committee-experts
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