Agency workers are no longer permitted to cover nurses on strike, the high court has ruled.
The legislation came into force just last week on August 10 and will likely create further staffing issues for an already deprived NHS.
Responding to the judgement, Unison general secretary Christina McAnea said: “This futile piece of legislation has barely spent a year on the statute book.
“Parachuting untrained agency workers into the midst of industrial hostilities isn’t fair or safe for them, the public or the staff out on strike.”
Ms McAnea described the High Court decision as “embarrassing for ministers”.
She added: “Hopefully, the government has learned a big lesson.
“If ministers act in haste, they’ll end up repenting at leisure, as this judgement proves."
The legislation means nurses who have voted to strike may still be obliged to work in order to maintain minimum staffing levels.
TUC general secretary Paul Nowak, who called for the anti-strike legislation to be scrapped, said: “This defeat is a badge of shame for the Conservatives, who have been found guilty of breaching the law.
“The government railroaded through this law change despite widespread opposition from agency employers and unions.
"The courts even found ministers ignored evidence that the measure would be counterproductive.
“This is the same reckless approach behind the anti-strike bill, which has faced a barrage of criticism from employers, rights groups and international bodies, and which has been amended by the House of Lords on three separate occasions during parliamentary ping-pong.
“Ministers should spare themselves further embarrassment."
A Department of Business and Trade spokesperson said: “We are disappointed with the High Court’s decision and having considered the judgement we have decided not to appeal.
“We will be updating our guidance soon to reflect this decision.”
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