Legal go-ahead to fight anti-union laws
The High Court has granted PCS permission to pursue a judicial review of the UK government’s decision to impose minimum service levels during strikes.
The Strikes (Minimum Service Levels) Act 2023 gives new powers to employers in certain sectors to impose minimum service levels during strike action. This would mean that they could issue a ‘work notice’, naming workers who must attend work and therefore lose their legal protection.
PCS, represented by the Trade Union Law Group at Thompsons Solicitors, argues that this infringes Article 11 of the European Convention on Human Rights (ECHR), which safeguards the right to form trade unions and take industrial action. The High Court acknowledges this and there will now be a substantive hearing later this year.
PCS General Secretary Fran Heathcote said:
"As has been their traditional role, a Conservative government is once again attacking trade unions. Our members in the Border Force took highly effective strike action last year which helped win serious concessions from the government. The government is therefore now effectively attempting to ban them from taking strike action through this draconian legislation.
“PCS will not stand by and allow them to erode our members' rights and freedoms and we welcome the Court’s decision to allow our claim to proceed to judicial review."
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