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The FDA’s joint legal challenge given green light

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The High Court has granted permission for a Judicial Review against the government’s new regulations that allows agency staff to fill in for striking workers. The legal challenge, which started proceedings in September, is brought forward by the FDA along with 10 other unions and will be co-ordinated by the TUC. 

Assistant General Secretary of the FDA, Lucille Thirlby, stated that taking industrial action in the UK is already “a legal quagmire” and that “the government’s legislative time could be spent improving workers’ lives”. Instead, the government is wasting their energy on trying to further undermine the right to strike. 

The FDA, along with ASLEF, BFAWU, GMB, NEU, NUJ, POA, PCS, RMT, Unite and Usdaw believe these new regulations are not only an attempt to further undermine the right to strike but failed on the legal basics as the government did not consult with unions, as the law requires. 
 
Richard Arthur, Head of Trade Union Law at Thompsons Solicitors, which represents the TUC-coordinated unions, said: “This is a timely reminder that the government is not above the law when it tries to restrict the rights of working people to take industrial action. 

“The Court has agreed with the trade unions that the government’s decision-making should be scrutinised against UK and international legal standards at a hearing to take place from late March onwards.”

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