News

Using agency workers to cover striking employees?

The Conduct of Employment Agencies and Employment Businesses (Amendment) Regulations 2022 was passed last year.  Its main purpose was to revoke the prohibition on employers using agency workers to cover the work of staff who were on strike. These rules had been in force since 1976.

Following a legal challenge by thirteen trade unions, the High Court has quashed the Regulation and the law reverts back to its previous position. Employers cannot now engage agency staff to cover striking workers and employment agencies will commit a criminal offence if they supply staff on that basis.

This means that business have limited options when there are strikes.  It is possible to:

  • use pooled staff that are employed directly to cover for striking employees
  • move existing employees from other parts of the business (or group) to cover for striking employees.


 

Posted on 09/06/2023 by Ortolan

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