Union threatens company with legal action over fears it will ‘break’ strike action with agency workers

A union has threatened a company with legal action if it attempts to break planned strike action by its workers this week.

The United Voices of the World (UVW) union has instructed the Public Interest Law Centre (PILC) to serve notice on Wilson James – the private contractor which employs security guards at the Natural History and Science museums in South Kensington.

The law firm has warned the company that legal action will be taken if agency workers are brought in to cover security guards on strike between Wednesday and Friday.

Security guards at the two museums have had “significant real-terms pay cuts for years”, and are now among the lowest-paid workers at the museums, according to UVW. The workers, many of whom are migrants, balloted for strike action last month, with 96 per cent of the 95 per cent turnout supporting the action. 

UVW claims that Wilson James planned to hire agency workers from recruitment agency BMSL, to cover duties normally performed by the striking security guards.

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.

“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.”

It is against the law for agencies to supply workers to carry out the work of employees taking part in official industrial action.

This legislation has been in force since 1973. In July 2022, the previous Conservative Government attempted to lift the long-standing ban on employment agencies supplying strike breakers. 

The move led to a coalition of 13 trade unions launching a successful judicial review and the High Court reinstated the ban from August 10, 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. 

“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.

“We hope that Wilson James and BMSL heed our warnings and do not provide agency workers to break the strike.”

A Wilson James spokeswoman said the company acknowledges UVW’s threat of private prosecution and takes the claims “very seriously”.

But, she said: “We strongly believe that the threatened prosecution has no legal or factual basis. We are confident that our actions are fully compliant with the law, as no agency workers will be used to perform the duties of striking staff. Wilson James remains committed to lawful employment practice and to maintaining a safe, secure, and respectful environment for all staff, stakeholders, and museum visitors.”

Pictured top: The Science Museum in south Kensington (Picture: Google Street View)