Multiple trade unions have mounted a legal challenge against the government over a decision that would allow agency workers to cover for striking teachers.
The legal move comes as teaching and school leader unions are balloting, or considering balloting, members on a strike over pay.
It was announced today that the NEU teaching union has joined 10 other unions in a legal bid to scrap regulations brought in under a change to the law, which came into effect in July this year.
Unison has also launched a separate action, issuing proceedings with the High Court last week. Business secretary Jacob Rees-Mogg has 21 days to respond from the date the case was lodged last Tuesday, Unison said today.
The Trades Union Congress is coordinating the challenge mounted by Unison, as well as that of the wider group of unions.
Separately, the NASUWT teaching union has launched its own legal action against the new regulations, which it says violate fundamental trade union rights, including the right to strike.
Today, Dr Patrick Roach, NASUWT general secretary, said the regulations sought “to further undermine and weaken the rights of all workers, including teachers, to take legitimate industrial action”.
NASUWT also said today that the government’s actions undermined the acceptance that agency workers should not be used to replace those on strike, which they said is laid out in the International Labour Organisation (ILO) and the Code of the World Employment Confederation.
Dr Roach said the change would have “a profound impact on supply teachers, the overwhelming majority of whom are employed and supplied to schools via employment agencies, as well as schools and school leaders”.
He added: “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, prohibiting the use of zero-hour contracts, and ensuring that agency workers have the rights of all other workers from day one.”
Industrial action looming
The move comes as teaching unions are considering industrial action over a pay award that would give experienced teachers a 5 per cent salary uplift.
Last month, a survey conducted by NASUWT found that nearly three-quarters (72 per cent) of the 8,751 teacher members who responded said the pay award should be rejected as inadequate or unacceptable.
NASUWT has said it is “committed” to balloting its members on industrial action this term if an approved pay deal is not forthcoming.
The NEU teaching union, meanwhile, is set to hold an online preliminary ballot on 24 September to gauge interest in possible strike action, with a formal ballot to follow in November.
Earlier this month, the Association of School and College Leaders (ASCL) said it had asked members if they would support a strike ballot for the first time.
Meanwhile, the NAHT school leaders’ union has also said it would carry out a consultation with members over the summer. However, it has not confirmed whether this covers strike action.
And the GMB union is also currently balloting more than 100,000 local government workers - including school staff - over an offer from local government employers announced in July.
There are questions over the extent to which agency workers would be prepared to cover a teaching strike.
In June of this year, before the changes came into force, the National Supply Teachers Network wrote to the former education secretary Nadhim Zahawi claiming that the plan for supply teachers to cover strikes did not “add up”.
A government spokesperson said they made “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”.
“Allowing businesses to supply skilled agency workers to plug staffing gaps does not mandate employment businesses to do this, rather this gives employers more freedom to find trained staff in the face of strike action if they choose to.”
The Department for Education has been contacted for comment.
