14 January 2023 , 20:00
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Top lawyers say Grant Shapps’ anti-strike legislation is a non-starter because it breaches international laws.
The Business Secretary’s new plan would see striking workers forced to provide a minimum service and face the sack for not crossing picket lines.
But the Trade Union Law Group of specialist lawyers claims that would go against worker protection rights enshrined under human rights conventions and international treaties.
And they have presented their findings to the TUC as the union umbrella body works on taking legal action.
Group leader Richard Arthur at Thompson Solicitors said: “The right to strike is a basic human right protected by international law.
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“It is almost certain the Government will be hauled through the courts. And they will have a hard time explaining how it is lawful.”
And writing in the Sunday People, TUC General Secretary Paul Nowak said: “That’s wrong, unworkable, and almost certainly illegal.
“It will lead to lower pay and pay disputes that drag on for longer.”
TUC General Secretary Paul Nowak (PA)Mr Shapps said the new law would cover striking ambulance staff, firefighters and railway workers. It could be extended to health, schools, nuclear decommissioning and border security if voluntary agreements could not be reached.
But Labour pledged to repeal the law if Keir Starmer becomes PM.
Mr Shapps has cited other countries such as Spain and France as examples Britain could copy for minimum service rules.
But the lawyers say these are negotiated agreements which do not allow workers to be fired for striking.
Mr Arthur added: “These brazen proposals give a green light to employers to sack people even if the strike has ticked all legal boxes.
“They would lose protection from unfair dismissal and get nothing, no matter how vindictive the behaviour of the employer.”
The TUC’s Employment Rights chief Tim Sharp added: “The Government admits these laws will lower pay and prolong strikes.
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“We cannot allow this attack on workers’s rights and living standards.”
A BEIS spokesperson said international case law shows minimum service levels can be justified.
They added: “It is up to employers to decide what, if any, disciplinary action is taken if a worker takes strike action when named to work on a strike day.
“We expect employers are fair and only take action where it is necessary.”
- Experts say the right to strike is enshrined in Article 11 of the European Convention on Human Rights incorporated into UK law by the Human Rights Act and also by the UN International Labour Organisation convention.
Strike-breaking law would lead to lower pay and longer disputes
Mr Nowak says the right to strike is under attack (PA)
by Paul Nowak, TUC General Secretary
The right to strike is a fundamental British freedom. But the Conservatives are determined to attack it.
Their new bill will let employers sack public service staff for taking part in democratic strike action. That’s wrong, unworkable, and almost certainly illegal.
It will lead to lower pay across the economy and pay disputes that drag on for longer.
Even the government admits this.
Conservative ministers applauded public service staff during the pandemic. And they promised that key workers would be rewarded once it was over.
But with this bill, they have gone from rewarding to punishing, and from clapping to sacking.
This attack comes not only in the middle of a cost of living crisis. It also follows a decade of pay cuts for nurses, teachers, firefighters and other public sector staff.
But so far ministers have failed to table a fair deal on public sector pay. And this bill will make it much easier for them to refuse negotiations in the future.
Meanwhile the party has happily given tax breaks to banks, corporations, and high earners. And they are refusing to put a proper windfall tax on oil and gas giants.
The current disputes are also about protecting decent services and public safety.
Our services have been run down by Conservative cuts and the failure of ministers to recruit and retain skilled people to vital roles.
Staff are stretched to their limits. That’s why our NHS is in crisis. And it is putting patients at risk.
We need a government with a clear national plan to increase pay, recruit staff and strengthen services.
But with this aggressive approach, skilled people will choose to leave before they are sacked. And that will harm the whole nation.
We cannot allow it to happen. Trade unions will fight this every step of the way.