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29.10.2024 / News / Natural History, Science and V&A Museums
UVW has instructed the Public Interest Law Centre (PILC) to serve notice on Wilson James, the security contractor at the Science and Natural History Museums, and the BMSL* agency that private prosecutions will be brought against them if they use agency workers to cover security guards on strike. Strikes have been called for between 25 and 27 October 2024, and between 30 October and 1 November 2024. This would be the first prosecution in relation to these regulations and the first time an employer could be held criminally liable as an accessory.
In October, UVW was informed that Wilson James intends to unlawfully hire agency workers from recruitment agency BMSL, to cover duties normally performed by UVW members going on strike over the half-term. It is a criminal offence under Regulation 7 of the Conduct of Employment Agencies and Employment Business Regulations 2003 for an agency to provide agency workers to replace workers on strike. An employer may also commit such an offence as an accessory pursuant to section 8 of the Accessories and Abettors Act 1861.
This legislation has been in force since 1973 but there are no recorded cases of agencies or employers being found criminally liable for breaching it. In July 2022, the then Tory Government, attempted to lift the long-standing ban on employment agencies supplying strike breakers which led to a coalition of 13 trade unions bringing a successful judicial review and the High Court to reinstating the ban which took effect from 10 August 2023.
UVW has instructed counsel Richard O’Keefe at Old Square Chambers, who specialises in employment law and Alex Benn at Red Lion Chambers, who specialises in criminal law.
Paul Heron, legal director of PILC, said: “Striking is a human right and employers unlawfully employing strike breakers completely undermines that right. We know employers don’t like these regulations because the Tories revoked them but were thankfully forced to reinstate the ban following a successful judicial review brought by 13 trade unions in 2023. These regulations are clear, as are the consequences for breaching them. However this has not stopped many agencies and employers from thinking they can flout them. It is surprising that to our knowledge no agency or employer has been prosecuted under these regulations, but that may soon change. We hope that Wilson James and BMSL heed our warnings and do not provide agency workers to break the strike.”
Petros Elia, general secretary for UVW union, said: “We have contacted several agencies that we understand have been approached by Wilson James to put them on notice that they will be committing a criminal offence if they provide agency workers to break the strike. If any of them ignore our warnings we will privately prosecute them. We will prosecute Wilson James for aiding and abetting them in the commission of a criminal offence. This would be the first time to our knowledge that a private prosecution would be used to enforce these regulations and the first time that an employer could be found liable. It would be a historic step. Wilson James and the agencies they work with are not above the law and we will hold them to account. As a grassroots, community union we will fight union busting and strike breaking in the streets, in the workplace and through the courts and our brave members, the security guards, are unwavering and resolute in their dispute to win the pay, dignity and respect they deserve.”
*BMSL is Beaver Management Services Ltd and/or BMSL Group Holdings Ltd.
28.01.2025 / Natural History, Science and V&A Museums