Rules allowing agencies to replace striking workers ruled unlawful

The High Court has today ruled that the 2022 repeal of R.7 of the Conduct of Employment Agencies and Employment Businesses Regulations 2003 (‘Conduct Regulations’), which banned the supply of temporary workers to replace those on official strike action, was unlawful.

The judgement is based on a lack of consultation with interested parties and is accompanied by an Order indicating that from 10th August 2023, R.7 will be reinstated; therefore from that date, supplying staff to cover official strike action will be a breach of the Conduct Regulations.

Employment agencies considering supplying temporary staff to businesses, or organisations, where there is ongoing industrial action, should act cautiously, and start to reinstate processes to check whether the supply is to cover staff taking, or covering for, industrial action.

For advice on any aspect of the conduct regulations, give us a call on 01273 236 236 or email [email protected]

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