Two teaching unions have joined a coalition of unions taking part in a High Court battle with the government over new laws allowing agency workers to cover for those on strike.
More than 10 unions, including the NASUWT and NEU teaching unions, have taken legal action against ministers, with a two-day hearing beginning today.
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 Trades Union Congress (TUC), which is coordinating the main action, has 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.
The union is also arguing that the government has violated the fundamental trade union rights protected by international law.
The challenge has been brought by 11 unions in total - Aslef, Unite, GMB and FDA trade unions, the Bakers, Food and Allied Workers Union (BFAWU), the NEU, 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 TUC and represented by Thompsons Solicitors LLP.
It is being heard today and tomorrow 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.
A judge is considering legal arguments at a High Court hearing, which is taking place in the Royal Courts of Justice complex in London and is due to end later this week.
However, the decision from the High Court is not expected until later this month.
Lawyers representing ministers say the unions’ challenge should be dismissed.
A TUC spokesperson said before the hearing: “The unions - Aslef, BFAWU, FDA, GMB, NEU, NUJ, POA, PCS, RMT, Unite and Usdaw - have taken the case against the government’s changes to the law which allow agencies to supply employers with workers to fill in for those on strike.
“The unions come from a wide range of sectors and represent millions of workers in the UK. The TUC says the hearing shows unions will fight government attacks on the right to strike all the way - including through the courts.”
The launching of the legal action comes in the same week that the NEU held another day of strike action in England.
All four education unions are expected to ballot members for strike action this term.
A government spokesperson said: “We recognise the impact strikes have on the economy and the public and are clear that they should always be a last resort.
“It would not be appropriate to comment further on an ongoing legal matter.”
