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The TUC today (Thursday) welcomed the High Court’s decision to grant the Public and Commercial Services Union (PCS) permission to pursue a judicial review of the UK government’s decision to impose minimum service levels in the event of strikes in border security.

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. We will keep fighting this spiteful legislation and will not rest until it is repealed.” 

The Strikes (Minimum Service Levels) Act 2023 gave new powers to employers in certain sectors to impose minimum service levels during strike action. This means that they can issue a ‘work notice’, naming workers who must attend work and therefore lose their legal protection. 

PCS, represented by the Trade Union Law Group at Thompsons Solicitors, argues that MSLs in border security infringes Article 11 of the European Convention on Human Rights (ECHR), which safeguards the right to form trade unions and take industrial action.  

There will now be a substantive hearing later this year. 

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