The High Court has ruled that a government change in the law that allowed agency workers to cover for striking teachers is unlawful.
It comes after the government revealed a change in the law last summer that would allow schools to use supply staff to maintain capacity during industrial action.
The decision comes as teaching and school leader unions are balloting members on strike action over pay and other working conditions.
Tes understands that this means that the regulation will be quashed with effect from 10 August, which would mean that schools would not be able to use agency workers to replace striking teachers if any action goes ahead in the next academic year.
Today’s High Court judgment said: “The secretary of state’s approach was contrary to section 12 (2) of the 1973 Act, so unfair as to be unlawful and, indeed, irrational.”
Yesterday, teacher members of the NASUWT teaching union voted for strike action and action short of strike action over pay, workload and working time from September.
The challenge was brought by 11 unions in total - Aslef, Unite, GMB and FDA trade unions, the Bakers, Food and Allied Workers Union (BFAWU), the NEU teaching union, the National Union of Journalists (NUJ), the Prison Officers Association (POA), the Public and Commercial Services Union (PCS), the National Union of Rail, Maritime and Transport Workers (RMT), and the Union of Shop, Distributive and Allied Workers (Usdaw) - coordinated by the (The Trades Union Congress) TUC and represented by Thompsons Solicitors LLP.
It was heard in court in May of this year, alongside separate legal cases launched by TUC-affiliated unions, the Unison trade union and the NASUWT, against the government’s change to the agency worker regulations.
TUC, which coordinated the main action, argued that the change was unlawful as the secretary of state for business at the time failed to consult unions, as required by the Employment Agencies Act 1973.
TUC general secretary Paul Nowak said: “This defeat is a badge of shame for the Conservatives, who have been found guilty of breaching the law.
“Bringing in less-qualified agency staff to deliver important services risks endangering public safety, worsening disputes and poisoning industrial relations.
“The government railroaded through this law change despite widespread opposition from agency employers and unions. The courts even found ministers ignored evidence that the measure would be counterproductive.”
