Agency cover for striking nurses: ‘unfair’ law overturned
Posted 14 July 2023 - 13:48
Health unions welcome High Court’s decision to quash ‘anti-strike’ law that allowed nurses’ employers to hire temporary staff to cross picket lines
Rules allowing nurses’ employers to hire agency staff for rota cover during strikes have been overturned by the High Court.
The practice had been banned until July 2022, when ministers pushed through a change in the law without consulting unions.
Unions’ joint legal challenge
But 11 unions, outraged that agency workers who are union members would feel conflicted by being asked to cross picket lines, mounted a successful joint legal challenge. The unions, including Unite and Unison, argued the changes were unlawful because ministers failed to consult them and that they violated fundamental trade union rights protected in law.
Handing down the court’s ruling on 13 July, Mr Justice Linden said the fact the then secretary of state for business Kwasi Kwarteng failed to consult unions was ‘so unfair as to be unlawful, indeed, irrational’.
Ruling hampers government’s attempts to undermine strikes
The TUC called the ruling a badge of shame for the government, saying it delivered a major blow to ministers’ attempts to undermine strikes.
General secretary Paul Nowak said: ‘The government railroaded this law change through despite widespread opposition from agency employers and unions. The courts even found ministers ignored evidence it would be counterproductive.
‘These cynical strike-breaking laws must be scrapped once and for all – and the draconian anti-strike bill must be junked for good too.’
If made law, this bill would allow ministers to impose minimum service levels during industrial action by nurses and other key workers, exposing striking nurses to risk of disciplinary action or dismissal.
Read more on nurses’ strikes
Former minister’s ‘bulldozer attitude’
Unison general secretary Chistina McAnea added: ‘Parachuting untrained agency workers into industrial hostilities isn’t fair or safe for them, the public or the staff out on strike.
‘This is embarrassing for ministers. Not only did Kwasi Kwarteng help trash the economy as chancellor, now his bulldozer attitude when business secretary has made the government look extremely foolish.’
A department for business and trade spokesperson said: ‘The ability to strike is important, but we maintain there needs to be a reasonable balance between this and the rights of businesses and the public. We will consider the judgment and next steps carefully.’
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