The high court has given school staff unions the green light to pursue legal action against the government over new laws allowing agency workers to cover for those on strike.
Unions said today that the High Court had granted permission for a legal challenge - brought by 11 trade unions, including the NEU - against legislation put forward over summer.
And the challenge will be held alongside separate legal cases brought by UNISON - which represents school support staff - and NASUWT against the government’s agency worker regulations.
Back in June, the government unveiled a change in the law enabling businesses to supply agency workers to plug staffing gaps during industrial action.
The Trades Union Congress, which is co-ordinating the main action, argues that the regulations are unlawful because the government failed to consult unions, and the rules “violate fundamental trade union rights protected by Article 11 of the European Convention on Human Rights”.
The judicial reviews should be held from March next year.
Dr Patrick Roach, general secretary of NASUWT, said: “The court’s approval of this case marks an important step forward. The government’s regulations seek to further undermine and weaken the rights of all workers, including teachers, to take legitimate industrial action.
“The right to strike is enshrined in international law, yet the government is attempting to prevent teachers and other workers taking collective action to defend their jobs, pay and working conditions.
The announcement comes as both NASUWT and the NEU are balloting members at schools in England over strike action.
The NEU has said that strikes could be held by the end of next month.
The Association of School and College Leaders (ASCL) is currently holding a consultative ballot among members, while the NAHT school leaders’ union sent ballots to members over industrial action last month.
The Department for Business, Energy and Industrial Strategy was contacted for comment.
