24.10.2024 / Press releases / Natural History, Science and V&A Museums

UVW union threatens landmark private prosecution over strike-breaking regulations against museum security contractor Wilson James and agency BMSL

• Grassroots union United Voices of the World (UVW), prepares a pioneering private prosecution over the hiring of agency workers to break strikes in a dispute over pay at the Science and Natural History Museums, where security guards will walk out over half term from 25 to 27 October and from 30 October to 1 November

• UVW has instructed the Public Interest Law Centre to put museum security contractor Wilson James and the security agency BMSL on notice that private prosecutions will be brought against them if agency workers are used to break the strike
  
  
• 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 would be the first prosecution in relation to these regulations and the first time an employer could be held criminally liable as an accessory.

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 week 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. Agencies are prohibited from supplying workers to carry out the work of employees taking part in official industrial action under regulation 7 of the Conduct of Employment Agencies and Employment Businesses Regulations 2003 (“the 2003 Regulations”). 

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.”

For further information contact the UVW comms team:

Jim: 07749 765264
Cristina: 07548 759340
Isabel: 07706 987443

E-mail: comms@uvwunion.org.uk   

Notes for editors

BMSL is Beaver Management Services Ltd and/or BMSL Group Holdings Ltd.

United Voices of the World is an anti-racist, member-led, direct action, campaigning trade union and we exist to support and empower the most vulnerable groups of precarious, low-paid and predominantly BAME and migrant workers in the UK. We fight the bosses through direct action on the streets and through the courts and demand that all members receive at least the London Living Wage, full pay, sick pay, dignity, equality and respect.

Previous press release on the dispute

Security guards at Natural History and Science museums announce strikes over October half term and Halloween
Security guards at the Natural History and Science museums vote overwhelmingly to strike!
Security guards at the Science and Natural History museums are balloting to strike after a pitiful pay increase

For more information on the dispute

Museum security guards fight for pay and conditions which aren’t stuck in the past

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