High court will hear NASUWT’S legal challenge of government’s strike breaking regulation

The High Court has granted the NASUWT-The Teachers’ Union permission to proceed with its legal action against the Government over its decision to allow the use of agency workers to cover for striking workers and effectively break strikes, the Union has announced today.

The NASUWT believes that the new regulations violate fundamental trade union rights, including the right to strike, and launched a subsequent legal challenge with the High Court in September 2022. 

The Government’s actions also undermine the long-standing national and international acceptance that agency workers should not be used to replace those on strike, as enshrined in international conventions such as the International Labour Organisation (ILO) and the Code of the World Employment Confederation, to which trade bodies representing the employment agencies and businesses, such as the Recruitment and Employment Confederation (REC), are signed up to.

The Judicial Review is set to be heard in March 2023. 

Dr Patrick Roach, NASUWT General Secretary, said:

“The Court’s approval of this case marks an important step forward. The Government’s regulations seek to further undermine and weaken the rights of all workers, including teachers, to take legitimate industrial action.

“The right to strike is enshrined in international law, yet the Government is attempting to prevent teachers and other workers taking collective action to defend their jobs, pay and working conditions. 

“This legislation is a direct contravention of the Government’s international commitments and obligations and it is right that this legislation will now be scrutinised at the High Court. 

“Rather than eroding the rights of workers, the Government should be focused on improving the pay and working conditions of all workers, including agency workers, tackling the cost of living crisis, prohibiting the use of zero hours contracts, and ensuring that agency workers have the rights of all other workers from day one.”