Trade unions in the High Court are fighting the government over regulations relating to temporary workers

Trade union bosses have launched a High Court fight against the government after challenging changes to the law that they say allow agencies to supply employers with workers to replace striking workers.

More than 10 trade unions, including Aslef, Unite and Usdaw, have taken legal action against ministers.

The judge considers legal arguments at the High Court hearing, which is being held at the Royal Courts of Justice complex in London and is scheduled to end later this week.

Union bosses want to repeal the Conduct of Employment Agencies and Employment Enterprises (Amendment) Regulations 2022 and have asked Judge Linden to declare them unlawful.

Lawyers representing the ministers believe that the trade unions’ complaint should be dismissed.

TUC officials were involved in co-ordinating this challenge.

“Trade unions – Aslef, BFAWU, FDA, GMB, NEU, NUJ, POA, PCS, RMT, Unite and Usdaw – have brought a case against government changes to the law that allow agencies to supply employers with workers to replace strikers,” a TUC spokeswoman said ahead of hearing.

“Trade unions come from many different sectors and represent millions of workers in the UK.

“The TUC says the hearing shows that trade unions will fight the government’s attacks on the right to strike in every way possible – including through the courts.”

Attorney Oliver Segal KC, who represented the unions, told the judge in a written outline of the case: “It is clear that allowing employers unrestricted discretion to replace striking workers with temporary workers with at least two weeks’ notice undermines the right to strike.”

Daniel Stilitz KC, representing the ministers, said that the change in the law was “modest”.

“The plaintiffs seek to repeal the Conduct of Employment Agencies and Undertakings (Amendment) Regulations 2022 and seek a declaration that they are unlawful,” he told the judge in a written outline of the case.

“The 2022 Regulations repealed Regulation 7 of the Conduct of Employment Agencies and Employment Undertakings Regulations 2003, which made it an offense to supply temporary workers for the purpose of undertaking work that would otherwise be carried out by workers taking part in industrial action. for enterprises dealing with employment.

He added: “This was a modest amendment to the law that does not directly affect the freedom of trade unions to take industrial action.

“From any point of view it had no impact on their ability to go on strike….”