Replacing striking workers with agency staff

The nation is set to be hit with widespread strike action tomorrow and as businesses are considering further job and pay cuts across the board, the threat of strike action is likely to continue well into 2012. A staffing agency might therefore expect to be approached by strike-hit organisations, but what does the law say about replacing strikers with agency workers?

Tempting though it may be to use the situation to your advantage, employment businesses are prohibited from supplying workers to replace staff on official strike action by the Conduct of Employment Agencies and Employment Businesses Regulations 2003. This restriction applies to all employment businesses – being recruiters that supply their own temps or contractors to work under the control of clients. It also extends to prevent employment businesses from providing a replacement for someone who has been moved internally by the client to replace the striking worker. The rule does not extend to agencies that only introduce replacement workers.

For advice on the rules relating to supplying candidates in certain situations, and possible options CALL US on 01273 236 236.

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