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

1 min

Posted on 21 Jul 2023

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.

Russell Dann

Russell is an experienced Senior Associate and qualified as solicitor in 2013. Prior to joining Doyle Clayton, Russell spent his entire legal career in leading employment law teams in London and Reading.

  • Senior Associate
  • T: +44 (0)118 951 6763
  • Email me

View profile

The articles published on this website, current at the date of publication, are for reference purposes only. They do not constitute legal advice and should not be relied upon as such. Specific legal advice about your own circumstances should always be sought separately before taking any action.

Back to top