Ryan FowlerThe High Court has allowed the Public and Commercial Services Union (PCS) to proceed with a judicial review against the UK government’s recent enactment of the Strikes (Minimum Service Levels) Act 2023. This legislation permits employers in key sectors to enforce minimum service levels during strikes, which could compel certain workers to attend work, potentially stripping them of their legal strike protections.
PCS, represented by the Trade Union Law Group at Thompsons Solicitors, contends that the law infringes on Article 11 of the European Convention on Human Rights, which protects the right to unionize and strike. The court’s decision paves the way for a detailed hearing expected to occur later this year.
PCS General Secretary Fran Heathcote commented on the challenge, stating: “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.”
