Striking Workers No Longer Able to Be Replaced by Agency Staff
The High Court has upheld a judicial review of Regulations made last year to allow businesses to use agency staff to cover striking workers. Following the decision, the Regulations have been quashed.
Background
Last year, the Government introduced Regulations to remove the ban on employers using temporary workers to perform duties normally performed by striking workers during industrial action. The aim of the Regulations was to reduce the disruption caused by industrial action.
Thirteen trade unions brought a judicial review of the Government's decision to pass these Regulations, citing a failure to consult before legislating, and also the alleged breach of Article 11 of the European Convention on Human Rights to prevent unlawful interference with the rights of trade unions and their members.
Successful Challenge
The High Court has upheld the challenge on the consultation ground. Having decided the case on this ground, it did not express a view on the Article 11 point.
The High Court has quashed the Regulations with effect from 10 August 2023. This means that from that date, employers will no longer be able to use temporary staff to cover the duties of striking workers.