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“Victory for basic fairness”: FDA helps defeat unlawful government regulations allowing use of agency workers during strikes

FDA Picket 847

The High Court has ruled in favour of the FDA’s joint legal challenge – that government regulations allowing agency workers to stand in for those taking strike action strike are unlawful.

The ruling found that unions had not been properly consulted prior to the announcement of the legislation. 

FDA Assistant General Secretary Amy Leversidge said of the verdict:

“This is a victory for basic fairness and for the trade union movement. The government tried to railroad through a plainly unjust and unfair measure in an attempt to undermine the fundamental right to take industrial action. The judgement found that ministers ignored advice that this served no real benefit for the public and was ultimately unworkable. These proposals should never have seen the light of day. 

“The FDA is proud to be one of the eleven unions to take a stand and challenge these unlawful proposals. The government’s recent approach to resolving workplace disputes appears to rely on just introducing ever-more draconian measures rather than actually resolving disputes directly. The best way to prevent industrial action is to have good employment relations and engage in meaningful dialogue with trade unions.” 

The legal challenge was brought forward by the FDA alongside ten other trade unions (ASLEF, BFAWU, GMB, NEU, NUJ, POA, PCS, RMT, Unite and Usdaw) and was co-ordinated by the TUC. The unions were represented by Thompsons Solicitors.

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