Judgment has today been handed down in the case of R (ASLEF and others, UNISON and the NASUWT) v The Secretary of State for Business and Trade (KB) [2023].
The Conduct of Employment Agencies and Employment Businesses (Amendment) Regulations 2022 (“the 2022 Regulations”) came into force on 21 July 2022.
Since 1976 there has been a prohibition on the supply of agency workers to replace workers taking part in industrial action. The 2022 Regulations removed that prohibition.
Thirteen trade unions brought claims to judicially review the 2022 regulations. The High Court has quashed the 2022 Regulations.
The judgment can be read here.
Oliver Segal KC and Melanie Tether acted for ASLEF and 10 other trade unions and were instructed by Richard Arthur of Thompsons Solicitors LLP.
Michael Ford KC, Stuart Brittenden, Serena Crawshay-Williams and Emily Skinner acted for UNISON and were instructed by Adam Creme, Bruce Robin and Emma Pitfield of UNISON Legal Services.
Betsan Criddle KC and Madeline Stanley acted for the NASUWT and were instructed by Sam Oyebitan and Jacqueline Lowe at the NASUWT.
