Hiring Agency Staff during Strike Action: Consultation Announced

Recruitment sector businesses are currently prohibited from providing agency workers to organisations whose employees are taking part in strike action.  However, this may all change with a Consultation announced by the government on 15 July 2015.

The aim is to ensure that strikes are the result of a “clear, democratic decision” and to tackle what is described as the “disproportionate impact of strikes in important public services” (from the BIS Consultation Paper, 15 July 2015).  The consultation is seeking views on the impact of removing the current prohibition on using agency workers to perform some of the functions of the employee on strike so that the business is able to operate to some extent during strike action.

It is acknowledged that strike action in certain sectors can have a wider impact on the public than others.  Examples given are strikes which affect peoples’ travel to work, prevent people from earning a living and prevent businesses from effectively managing their workforce.

Further information on the consultation and how to respond can be found here.

The responses are required by 9 September 2015.

For further information on this or other legal issues affecting the recruitment sector, please contact Clare Gilroy-Scott cgilroy-scott@gdlaw.co.uk.

This guide is for general information and interest only and should not be relied upon as providing specific legal advice.  If you require any further information about the issues raised in this article please contact the author or call 0207 404 0606 and ask to speak to your usual Goodman Derrick contact.