The judgement declares that the Conduct of Employment Agencies and Employment Businesses (Amendment) Regulations 2022 are unlawful and will be quashed with effect from 10 August 2023.
 
Representing millions of workers in the UK, as well as Usdaw, the unions behind the successful legal action include: ASLEF, BFAWU, FDA, GMB, NEU, NUJ, POA, PCS, RMT and Unite. They were co-ordinated by the Trades Union Congress (TUC) and represented by Thompsons Solicitors LLP.
 
The unions successfully argued that the regulations are unlawful because the then Secretary of State for business failed to consult, as required by the Employment Agencies Act 1973, and they violate fundamental trade union rights protected by Article 11 of the European Convention on Human Rights.
 
The Government’s regulations were heavily criticised by unions, agencies, employers and parliamentarians. The TUC had 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: “This victory for our members is a huge embarrassment for the Government, showing that they are prepared break the law to break a strike. It is now time for Ministers to drop their Strikes (Minimum Service Levels) Bill, which we also believe to be unlawful.
 
“It beggared belief that, in the midst of a cost of living emergency, the Government engaged in ideological attacks 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.
 
“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. We can’t go on like this, it’s time for a change, we need a general election now.”
 
Notes for editors:
 
Usdaw (Union of Shop, Distributive and Allied Workers) is the UK's fifth biggest trade union with over 350,000 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 www.usdaw.org.uk
 
For Usdaw press releases visit: http://www.usdaw.org.uk/news and you can follow us on Twitter @UsdawUnion