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A law change allowing schools and other employers to use agency workers to cover strikes by staff has been quashed in the High Court after it was found to be “unlawful and irrational”.

The government introduced the change last year in response to threats of widespread industrial action over pay.

Unions including the National Education Union, NASUWT teaching union and support staff unions Unison, the GMB and Unite took the matter to judicial review, warning the change was unlawful and carried out without proper consultation.

Today High Court Justice Thomas Linden upheld their claim, warning the approach of the government was “so unfair as to be unlawful and, indeed, irrational”.

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