Restrictions on providing temporary agency workers during industrial strikes repealed
21 July 2022
The Conduct of Employment Agencies and Employment Businesses (Amendment) Regulations 2022, SI 2022/852, repealed regulation 7 of the Conduct of Employment Agencies and Employment Businesses Regulations 2003, SI 2003/3319, which made it a criminal offence for an employment business to knowingly (including having reasonable grounds for knowing) provide temporary workers to an employer to perform the duties of workers taking part in an official strike or other official industrial action.
Thereby enabling employment businesses to provide agency workers to hirers during official strike or industrial action.
On 14 December 2022, the High Court granted permission to the Trade Union Congress (TUC) on behalf of 11 unions, NASUWT and Unison, to bring judicial review proceedings challenging the Conduct (Amendment) Regulations 2022.
This represents millions of workers across a wide range of sectors across the UK.
There will be a single hearing as part of the judicial review, with a judgment expected within a few months.