The Home Secretary, Sajid Javid, has announced that the government will be changing the immigration rules to allow migrant workers to participate in strike action without fear of it impacting their right to remain in the UK which the University and College Union (UCU) says will provide much needed clarity for workers.

In a written statement issued on 12 July 2018 the Home Secretary said legal strike action will be added to the list of exceptions to the rule on absences from employment without pay for migrant workers.

UCU General Secretary Sally Hunt wrote to the Home Office in March asking to give migrant workers the same right to strike as their British and European colleagues.
Non-European Economic Area (EEA) migrants participating in union strikes were in fear of jeopardising their right for remain in the UK and their annual 20-day limit for unpaid absence work, which applies to international staff on Tier 2 visas.

 

International staff make a vital contribution to our country and we are delighted that they can now play a full role at work without fear of reprisal.

Sally Hunt, UCU General Secretary

As the UK’s leading campaigning law firm and advocate for standing up for trade union members, Thompsons were instructed by UCU and sent the Home Secretary a letter before action in June. UCU threatened legal proceedings for Judicial Review unless the government changed the guidelines. UCU pointed out that the guidelines were unlawful as they were incompatible with Articles 11 and 14 of the European Convention on Human Rights (ECHR) and the Human Rights Act 1998 as well as being discriminatory against non- EEA nationals.

The Home Secretary has confirmed in a written statement dated 12 July that he will be amending the guidance and make clear that there will be no immigration consequences for any migrant worker who takes part in legal strike action. Thus ensuring that non EEA migrants can take part in legal industrial action along with their British and European colleagues.

UCU General Secretary, Sally Hunt, said: "International staff make a vital contribution to our country and we are delighted that they can now play a full role at work without fear of reprisal. All workers should be able to join their colleagues in defending their employment rights."

Victoria Phillips, Thompsons’ head of employment rights (client relations) said: "We were pleased to be instructed by UCU in May to explore possibility of a Judicial Review and delighted that we were able help secure the right outcome without the need for further litigation".

"We sent a letter before action on 20 June 2018 explaining how the current guidance were unlawful and breached Convention on Human Rights (ECHR), and were discriminatory against non EEA nationals. We are pleased the Home Secretary seems to have accepted the union’s arguments and migrant workers will be able to exercise their fundamental human right to strike in defence of their employment rights."

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