Unions allege coalition encouraging strikebreaking tactics | Hélène Mulholland and Dan Milmo

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Claim follows minister’s remarks that contingency plans for public sector walkouts could use existing laws to hire strike cover Trade unions have accused the government of encouraging “strikebreaking” tactics over contingency planning for public sector walkouts that could include hiring staff to keep key services going. In a call likely to fuel tensions between government and unions, Ed Davey, the minister for employment relations, said the public would expect “sensible contingency planning” to be put in place. He said bosses could work within existing laws to hire cover for striking workers, as unions warn of co-ordinated and sustained strike action in the autumn unless the government compromises on proposals to overhaul public sector pensions. His remarks follow those of the education secretary Michael Gove, who raised union hackles earlier this week by reminding headteachers of their “moral duty” to keep schools open during a 24-hour strike by three unions on Thursday. Davey ruled out tightening up union legislation on the grounds that it would be “antagonistic and inflammatory”. But in comments that signal the government’s preparedness to face down industrial unrest, he cited the example of London Underground, which has trained managers to drive trains during strikes. Recruiting staff to fill the posts of striking workers is within the law, as long as they are not recruited via an employment agency. “If you look at how London Underground have tried to manage strike days in recent years they have managed to run a lot more services than they used to five years ago and so by that action they have mitigated the impact of strikes – that’s contingency planning,” said Davey. Pressed on how this could apply in public services, he added: “You as an employer could go out and hire 10 nurses, a hundred drivers, whatever it is. It’s not a tactic as if there is some nefarious plot going on behind the scenes. The point is it’s in the law at the moment. Employers making contingency plans can make use of that law.” Ahead of crunch talks on pensions reforms between unions and ministers on Monday, the TUC warned that such a move would be counterproductive. Sarah Veale, head of equality and employment rights at the TUC, said: “Using the vernacular, it is strikebreaking. It has always been possible for employers to find ways of breaking a strike but it would be highly unusual in the public sector. This would not help to resolve the dispute.” Bringing in workers posed significant logistical difficulties, said Marc Meryon, head of industrial relations at law firm Bircham Dyson Bell. “Few employers are set up to recruit large amounts of people straight off the street. Therefore, they are not in a position to do that at short notice because they don’t have the skills to process, interview and manage people coming off the street in that way.” He added: “That is why, in ordinary circumstances, companies go through agencies to obtain short-term labour. But a determined employer can place adverts in the papers, get people in, interview them and appoint them and there will be nothing illegal about it.” Ahead of planned strikes on Thursday by the Association of Teachers and Lecturers, the National Union of Teachers and the Public and Commercial Services union, Gove wrote to school heads saying that they did not have to stick to the national curriculum and that there was no limit on class sizes, except in infants’ schools. In these schools, senior and support staff could be classed as teachers to meet limits on class size. Schools should “employ all available staff and consider the full range of local resources available to them, both from within the school staff and the wider school community”, the education secretary said in the letter. His missive prompted Bob Crow, general secretary of the RMT union, to accuse the government of preparing a “scab army” to undermine industrial action. Christine Blower, the general secretary of the NUT, said general union rules state that staff should not cover the work of union members who are on strike. Dave Prentis, the general secretary of Unison, which represents the majority of classroom assistants, said the union has urged members to refuse to carry out duties that lie outside their contract. Prentis, who warned of a long fight over public sector pensions at Unison’s annual conference this week, said: “Urging heads to pressure school support staff into covering for striking teachers, is just not on. Our advice to school and college staff is clear – do not cover unless it is part of your job.” Davey urged unions to “put their weapons down , adding that while there was “no compelling case” to change strike laws, he conceded that ministers would “revisit these issues” if industrial unrest caused severe disruption to the economy or the public. “That’s not our intention,” he said. “Our strategy is driven by a desire to engage with the trade unions.” Trade unions Public sector pensions Public sector cuts Public services policy Public finance Michael Gove Liberal-Conservative coalition Education policy Hélène Mulholland Dan Milmo guardian.co.uk

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