Agency cover and strike action
Between July 2022 and August 2023, employers had the option of using agency workers to cover for those taking part in official industrial action. However, following a successful judicial review challenge brought by thirteen trade unions, the prohibition set out in regulation 7 of the Conduct of Employment Agencies and Employment Businesses Regulations 2003 was, in effect, reinstated as a result of a decision of the High Court. The High Court’s decision was based on the lack of consultation undertaken by the Secretary of State before revoking regulation 7 (read our article on agency worker cover during strikes for more information on this decision).
The Government has now decided to launch a new consultation on this issue. This consultation is very brief – consisting of only 5 questions. It seeks views on the current impact of regulation 7, and the impact of any repeal. As well as considering a total repeal, it seeks views on whether a more limited repeal for only certain sectors would be more appropriate. The consultation gives the example of limiting the repeal for those sectors listed in the Strikes (Minimum Service Levels) Act 2023; however, the impact assessment which accompanies this consultation does point out that the wider benefits from the proposed repeal are likely to be in industries not covered by any minimum service levels.
Whilst both the consultation and the impact assessment stress the permissive nature of the repeal – employers would still be able to choose not to make use of agency workers if they so wished, and agency workers would be free to turn down assignments – the proposals are still likely to be controversial. The impact assessment highlights that whilst the repeal would not prevent industrial action from being taken, it could affect the impact of the action and the bargaining power of the unions. As a result, the action could worsen relationships between employers and workers, leading to more prolonged action and a weakening of workers’ ability to maintain or improve terms and conditions.
The hiring agency staff to cover industrial action consultation closes at 6pm on 16 January 2024.
Key contact
Mark Hickson
Head of Business Development
onlineteaminbox@brownejacobson.com
+44 (0)370 270 6000
Discover more
You may be interested in...
In Person Event
Ascensus and O Shaped workshop: Ethics in the spotlight
Legal Update
What’s in a name: ESG principles and UK local authorities
Opinion
Balancing employer flexibility and employee rights
Legal Update
Right to work update: eVisas
Legal Update
How the Data (Use and Access) Bill will impact the public sector
Opinion
Empowering your workforce: Key tips on adjustments for new starters
On-Demand
Shaping a culture of respect and safety: Preventing sexual harassment in our schools
Legal Update
Top five takeaways for schools on the Employment Rights Bill
Legal Update
Building an inclusive workplace: strategies for attracting and retaining disabled talent
On-Demand
How schools can grapple with new employment law to thrive in a new era
Press Release
Browne Jacobson advises The Jordon Group on transformative merger
Press Release
Browne Jacobson advises UK’s leading fire protection specialist on key acquisition
Press Release
Browne Jacobson advises IT solutions specialist on sale to Goldman Sachs-backed international digital transformation provider
Online Event
EdCon 2025
Legal Update
Breaking the glass ceiling: Empowering female leadership in the food and drink sector
Legal Update - Employment Rights Bill
What does the Employment Rights Bill mean for employment practices liability insurance?
Opinion - Employment Rights Bill
Beyond the Bill: Exploring the horizon of new employment rights and proposed measures
Legal Update - Employment Rights Bill
Labour’s employment law reforms: Employment Rights Bill unveiled
Legal Update
Expanding the role of school attendance mentors
Online Event
Managing safeguarding allegations against staff
Press Release
Browne Jacobson advises UK climbing operator on sale to Belgian investment firm
Legal Update
Organisational approaches to ESG and sustainability matters
Legal Update
What the UK Covid-19 Inquiry means for higher education providers
Opinion
New anticipatory duty to prevent sexual harassment at work: final EHRC guidance published
Opinion
Employment tribunal case shines light on mistaken customer communications
Press Release
Browne Jacobson launches new HR services offering in health and social care
Press Release
Browne Jacobson and CBI roundtable explores how to finance public infrastructure post-PFI
Opinion
Navigating the new norms of flexible working and reasonable adjustments
Legal Update
Hybrid working, the right to flexible working and how to make it work for public sector employers
Press Release
Comments on the publication of Universities UK’s (UUK) report
Press Release
An interview with HSBC’s ex-commercial manager
Opinion
HMRC score on employment status: Football referees may be employees
Press Release
Browne Jacobson advises global digital transformation services provider on PE investment and acquisition of US and Hungary-based commerce consultancy
Legal Update
Supreme Court re-instates injunction in Tesco fire and re-hire case
Legal Update
A balancing act: Navigating between positive action and discrimination in the workplace
Legal Update
CQC publish National review of maternity services in England
Press Release
Leading the conversation on DEI in the food & drink industry: celebrating the contribution of women
Legal Update
Employment update: September 2024
Opinion
English Nationalism not a protected belief under the Equality Act
