The High Court has ruled that allowing agency staff to replace striking workers is unlawful. This is yet another example of legal challenges to decisions by Government.
The High Court has ruled that Government legislation introduced last year which said employers can use agency staff to fill in for striking workers during industrial action is unlawful. The Government decision was challenged by a judicial review from a number of trade unions. So we now have a situation where doctors or nurses, that are required to keep patients alive, but who have gone on strike cannot be replaced. Likewise for other essential workers such as railway staff.
The challenge was based on lack of public consultation, but this is surely madness. I hope the Government attacks this little publicised decision. Workers may have a moral right to withdraw their labour but employers should also have a right to replace them when it is essential to maintain a public service.
See: https://localgovernmentlawyer.co.uk/employment/395-employment-news/54453-high-court-rules-using-agency-staff-to-cover-strikes-unlawful for more details of the legal decision.
Roger Lawson (Twitter: https://twitter.com/RogerWLawson )
You can “follow” this blog by entering your email address in the box below. You will then receive an email alerting you to new posts as they are added.