February 27, 2024

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HR Journal – Companies could use agency workers for the duration of strikes next new consultation

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Govt has opened a session on repealing the ban on agencies giving temporary personnel during periods of industrial action.&#13

Employing agency workers to replace the do the job of hanging staff is at the moment illegal below regulation seven of the Perform of Employment Organizations and Work Corporations Restrictions.


Examine additional: Ruling towards employing company staff in strikes will not be appealed 


But the Conservative get together has traditionally advocated for repealing the regulation.

In 2015, it was portion of a manifesto promise, but was dropped pursuing a consultation.

In June 2022, former organization secretary Kwasi Kwarteng repealed the regulation with out public consultation, arguing that the authorities had consulted in 2015.

On the other hand, this was dominated illegal by the Substantial Court in July 2023, with judge Thomas Linden calling it “unfair and irrational”.

Matt Jenkins, work companion at Moorcrofts, claimed if the regulation is correctly repealed, it will give businesses extra versatility.

“If – and that is a massive if, based on the damaging response from employer and personnel teams alike – the restriction is eliminated, it will give employers supplemental overall flexibility as to how it can cope with strike motion.  

“In the effects assessment that accompanied the consultation, examples are presented as to how some employers have been in a position to reward from the removal of restriction for the period of time in which regulation seven was repealed.”

A person example was a report from Unite the Union that Harrods made use of company workers to go over for striking security guards and CCTV operators during strikes in November and December 2022.


Read through a lot more: A calendar year of strikes: what has improved?


Even so, working with agency workers throughout strikes could worsen staff relations, in accordance to Trades Union Congress general secretary Paul Nowak.

He explained: “The Conservatives’ humiliating Significant Courtroom defeat need to have spelled the conclude of this cynical regulation. But now they are resurrecting the very same irrational programs.

“Allowing unscrupulous companies to bring in agency staff to provide essential products and services hazards endangering public protection and escalating disputes.

“Agency recruitment bodies have regularly created crystal clear they do not want their staff members to be put in the position where they have to go over strikes. But ministers are not listening.

“The government’s individual affect assessment is very clear: this alter will poison industrial relations and drag out disputes.”