Many of us have been caught up in strikes recently, whether it’s being unable to get to a meeting because there are no trains or your mum’s birthday card arriving late ‘because of the strikes’ (not because you posted it late). Strikes have been announced or considered in a variety of industries from teachers to telecoms, refuse workers to railways. Further disruption is almost guaranteed.
In the summer, the government revoked legislation which prevented employers from getting temporary or agency workers to cover the work of striking staff. This change devalues the threat of strike action and reduces the ability of unions to hold a business to ransom. This month, trade unions have bitten back. Unions have mounted a legal challenge to that move via a claim for judicial review of the government’s decision. They are claiming that the decision was unfair, based on out-of-date information and that the government has failed to consider article 11 of the ECHR and the right to freedom of association and the right to strike. Various individual claims have been lodged by individual unions, but the claims are likely to be heard together.
The business secretary is required to respond within 21 days of a claim being lodged. Watch this space to see how this battle progresses.
Find out how we can help. Our partner, Jon Dunkley, heads the Wollens specialist Employment Department. Contact him today for an informal chat, without obligation on 01271 342268 or via email at [email protected].