Agency workers to be banned from covering for striking workers (once again)

From 10 August 2023, employment businesses will be prohibited from supplying agency workers to cover the duties of workers taking part in industrial action. This follows a successful challenge by various unions to the lawfulness of Regulations enacted in July last year, which revoked the previous ban on employment businesses providing agency workers to replace striking workers.

The Court order

The High Court in Unison v Secretary of State for Business and Trade ruled that the Regulations were unlawful as the Government had not complied with its statutory obligation to consult before making the change to the law. It ordered that the Regulations be quashed from 10 August 2023.

As a result of the Court order, the law reverts to the previous position and from 10 August 2023 employment businesses will no longer be able supply temporary workers to employers to cover the work of those involved in industrial action. Any employers who were hoping to engage agency workers for this purpose in relation to strikes on or after 10 August will need to consider other options for covering the work.

Please get in touch if you need help in relation this or any other employment issue.