The Use of Agency Workers During Strike Action

We have seen an increase in instructions particularly in relation to the private sector which are less publicised than those strikes taking place in the public domain by rail workers, Post Office workers and possibly nursing.

On 21 July 2022 the Conduct of Employment Agencies and Employment Business (Amendment) Regulations 2022 came into force, enabling employers to use agency workers to replace striking workers as well as increasing the damages awards that could be made against trade unions. Certainly employers in the private sector are giving serious consideration and thought to engaging agency workers so as to replace those on strike. When a trade union gives notice to an employer it generally has to state whether strike action would take place on nominated days or be indefinite. Where planed indefinite strike action is proposed then employers may seriously have to give consideration to engaging agency workers so as to be able to continue with their business operations. 

However on 13 September 2022 Unison has issued proceedings in the High Court seeking a judicial review of the new legislation. On 20 September 2022 the TUC also began similar proceedings in collaboration with 11 other trade unions arguing that the Secretary of State failed to consult unions in contravention of the Employment Agencies Act 1973.

At this time a hearing is awaited.

For further information please contact Michael Delaney in our Employment Law team on 07909 912 564, 01923 919316, or complete the form below.