High Court rules agency staff cannot be used to cover strikes (again)
Employers can no longer use agency staff to fill in for striking workers during industrial action after the High Court ruled that legislation introduced in 2022, by the then Business Secretary, Kwasi Kwarteng, is unlawful.
• In July 2022, the government swiftly implemented a new law which removed the long-standing position that agencies were not allowed to send temporary agency workers to work in an end user organisation to cover for their usual workers who were on strike. • However, following an application for judicial review by trade unions, the High Court has now held that the government did act unlawfully when they changed this law and the 2022 law has now been quashed. • The judge warned the government that any attempt to change strike laws in future would need to be subject to a rigorous consultation. • This High Court decision has reversed the position so that the long-standing law has now been restored. It is therefore once again illegal for temporary workers to replace striking workers. • All businesses affected by strikes will now have no option but to contend with worker-less days and agencies will have to ensure that they are fully aware of this latest sudden change as they will be breaking the law if they provide temporary workers to replace striking workers.
