UNIONS launched a legal challenge today against the Tory government’s “hostile and unpleasant” attack on the right to strike by legalising the use of agency workers to break industrial action.

Eleven unions — co-ordinated by the TUC and represented by social justice law firm Thompsons Solicitors — warned the move would worsen industrial disputes and could endanger public safety.

The Conduct of Employment Agencies and Employment Businesses Regulations 2003 had barred bosses from using temporary staff to cover the duties of striking workers.

But they were revoked with immediate effect in July by new amended regulations, introduced amid a wave of strikes during the “summer of discontent.”

The union coalition, which includes Unite, RMT, GMB and bakers’ union BFAWU, said the new law was unlawful because then business secretary Kwasi Kwarteng failed to consult unions as required by the Employment Agencies Act 1973.

The widely condemned move, even criticised by recruitment firms, also violates fundamental union rights protected by Article 11 of the European Convention on Human Rights (ECHR), the group argued. 

TUC general secretary Frances O’Grady said: “The right to strike is a fundamental British liberty, but the government is attacking it in broad daylight.

“Threatening this right tilts the balance of power too far towards employers. It means workers can’t stand up for decent services and safety at work — or defend their jobs and pay.

“Ministers failed to consult with unions, as the law requires. That’s why unions are coming together to challenge this change in the courts.

“Workers need stronger legal protections and more power in the workplace to defend their living standards — not less.”

Aslef, Usdaw, the National Education Union (NEU), the National Union of Journalists (NUJ), the Prison Officers’ Association and civil servant unions the FDA and PCS are also involved.

Thompsons’ Richard Arthur urged the Tories to face up to their “legal obligations under both domestic and international law, instead of forever trying to undermine the internationally recognised right to strike.”

Unison and NASUWT are launching separate individual legal cases against the anti-worker regulations.

Unison general secretary Christina McAnea warned that Downing Street appears “hell-bent on stripping ordinary working people of their historic rights and seems prepared to do anything to achieve that.

“Employees striking for better wages during a cost-of-living crisis is not the problem. Ministers should be rolling up their sleeves and helping solve disputes, not risking everyone’s safety by allowing the use of inexperienced agency workers.

“Changing the law in such a hostile and unpleasant way makes it much harder for workers to stand up to dodgy employers.”

Her NASUWT counterpart, Dr Patrick Roach, accused ministers of seeking to “prevent workers taking collective action to defend their jobs, pay and working conditions in direct contravention of their international commitments and obligations.

“If the government was serious about improving workers’ rights, it would be focused on improving the pay and working conditions of all workers, including agency workers, tackling the cost-of-living crisis [and] prohibiting the use of zero-hours contracts.”

A government spokesperson said: “We make no apology for taking action so that essential services are run as effectively as possible, ensuring the British public don’t have to pay the price for disproportionate strike action.”