New consultation on use of agency workers to replace striking staff

20 November 2023


In July 2022 government introduced new legislation to remove the restriction on companies using temporary labour to fill gaps left by striking workers (the Liability of Trade Unions in Proceedings in Tort (Increase of Limits on Damages) Order 2022 (SI 2022/699) (Order) and draft Conduct of Employment Agencies and Employment Businesses (Amendment) Regulations 2022).

One year later, following a judicial review brought by 13 unions and spearheaded by the Trades Union Congress (TUC), the new legislation was determined to be unlawful because it had not followed due process in regard to consulting on the changes.

Now, Government has opened a consultation on repealing Regulation 7 of the Conduct of Employment Agencies and Employment Businesses Regulations 2003.  Regulation 7 prohibits the supply of an agency worker to fill a gap caused by a worker being on strike.   

Aspire Comment

Whilst Government declares a continued belief in the importance of the right to strike, this action is likely be viewed as an attempt to undermine the effectiveness of industrial action and so, we expect emotive responses to the consultation. 

View the consultation here.

The consultation closes at 6pm on 16 January 2024.