Strike Cover, Consultation and Quashing: An Analysis of R. (Associated Society of Locomotive Engineers and Firemen) v Secretary of State

In June 2022, the UK Government enacted Regulations purporting to remove the offence of introducing or supplying workers to cover those on strike. In R. (Associated Society of Locomotive Engineers and Firemen) v Secretary of State the High Court held that the decision-making process preceding the enactment of the Regulations was unlawful and quashed them. This analysis outlines the case, with a particular focus on the central role played by the existence of a statutory duty to consult in the court's reasoning and the extent to which third party interests were considered in the course of determining the proper remedy.

Automated summary

This article discusses the UK Government's enactment of Regulations in June 2022 and the subsequent unlawful decision-making process leading to the quashing of the Regulations by the High Court.