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PCS union granted judicial review to challenge government's Minimum Service Levels
Public and Commercial Services union (PCS) on the picket line, March 18, 2024

A LEGAL challenge to the government’s repressive minimum service levels anti-strike laws has been given the go-ahead.

The High Court has ruled that Civil Service union PCS challenge the laws through a judicial review of their legality.

The Strikes (Minimum Service Levels) Act 2023 gives new powers to employers in certain sectors to impose minimum service levels during strike action, forcing workers to break their own strikes or face the sack.

Both the PCS and the TUC welcomed the High Court ruling.

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.”

TUC general secretary Paul Nowak said: “This is another setback for the government’s draconian anti-strikes laws.

“Ministers have been repeatedly warned that minimum service levels are unworkable, undemocratic and likely unlawful.  

“But they have railroaded these reforms through — in full knowledge that they will poison industrial relations.  

“The Strikes Act is a fundamental attack on the right to strike.”

The setback for the government follows the refusal of private rail operators to apply the minimum services regulations to striking train drivers whose union, Aslef, pledged to defy them during strike action in their current long-running pay dispute.

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