The Communication Workers Union’s legal challenge to stop the Royal Mail’s use of ‘strike breakers’ has little chance of success, according to Guy Lamb, employment partner at law firm DLA Piper.

The CWU is going to the High Court on Friday to request an injunction to stop the Royal Mail from using ‘strike breakers’.

Lamb says: “Despite the rhetoric of the CWU, Royal Mail is not directly breaking any law by bringing in temporary workers during strike action. The laws to prevent the use of temporary workers to cover striking staff actually only apply to the employment agencies who provide the workers.  

“These agencies are regulated by the Department of Business giving any decision to take action against them the responsibility of Lord Mandelson, minister for business, who has already stated that he doesn’t believe any regulations have been broken.

“The CWU is currently trying to argue that Royal Mail is inducing the employment agencies to break the law by bringing in agency workers to cover the backlog of mail. Whether this argument holds water in the High Court remains to be seen and current indications suggest it is unlikely that the minister for business will want to embroil himself in this issue unless absolutely necessary, considering the impact of the strikes on the UK business community and economy.”