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Legal action by unions representing school workers against the government’s new law allowing agency workers to cover strike action has been given the green-light by the High Court.

Unions said today the court will hear three separate judicial reviews of the legislation, which was introduced in July in response to threats of widespread industrial action over pay. It was previously illegal to draft agency staff in to cover striking workers.

Action by the Trades Union Congress backed by the National Education Union and support staff unions GMB and Unite will be heard alongside judicial reviews brought by teaching union NASUWT and Unison, which also represents school support staff.

The unions argue the legislation is unlawful, and that they were not consulted over the change. The cases are expected to be heard from March next year.

Dr Patrick Roach, NASUWT’s general secretary, said the law change “seeks to further undermine and weaken the rights of all workers, including teachers, to take legitimate industrial action”.

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