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UK: is unlawful to cover strikes with agency workers

  • On 13 July 2023, the High Court ruled that the Conduct of Employment Agencies and Employment Businesses Regulations 2022, which removed the ban to hire agency workers while workers were on strike , are unlawful.
  • The ruling will enter into force as from 10 August 2023.

The government introduced a regulation to allow temporary workers fill in the worker’s duties while the latter was on strike, to minimize the negative and unfair impact of strikes on the country’s society.

Consequently, 13 unions representing 3 million workers -approximately- called on the Government’s decision upholding it violated trade union rights, negatively affecting industrial disputes and endangering public safety.

The High Court ruled (Quashing Order) stating that the regulations were unlawful based on Ground 1 for violating the statutory duty that requires that consultation concerning a proposal had to take place before the decision to implement it is taken.

The Conduct of Employment Agencies and Employment Businesses Regulations 2022 will be annulled with effect from 10 August 2023, at which point the previous prohibition contained in Regulation 7 of the Conduct of Employment Agencies and Employment Businesses Regulations 2003 (prohibition of the supply of workers through agencies) will revert.