Katherine Apps KC is instructed by Neil Todd and Richard Arthur of Thompsons Solicitors to represent the Public and Commercial Services Union (PCS) in their threatened judicial review of The Strikes (Minimum Service Levels: Border Security) Regulations 2023 under the Common Law and Human Rights Act 1998.
In a letter before action, the union had threatened to take the decision to impose the regulations to a judicial review, arguing that they infringe upon the rights protected under Article 11 of the European Convention on Human Rights (ECHR), which safeguards the freedom of assembly and association, including the right to form and join trade unions.
The Strikes (Minimum Service Levels) Act 2023 gives employers new powers to impose minimum service levels during strike action in defined sectors, including border security services, if they choose to do so.
For more information see the press releases from Thompson Solicitors, the Institute of Employment Rights and the PCS Union.