Question of the Week

In light of the ongoing industrial action either taking place or proposed amongst a variety of sectors, from transport to health to law, what are the effects of the new legislation brought in during the summer to plug the gaps left by striking workers with agency staff?

In essence the changes to the Conduct of Employment Agencies and Employment Business Regulations 2003 allow businesses most impacted by industrial action?to fill roles with temporary skilled labour - something that had not been allowed previously. The stated justification for this law?is to enact much needed reform to strike practices by “repealing…burdensome 1970s -style restrictions” to reduce the inevitable disruption to public services that many strikes inevitably cause.

The law will apply to all strike action but its effectiveness will likely vary significantly across different sectors. Heavily unionised sectors such as education may struggle to find suitably qualified individuals willing to step into temporary roles under such circumstances. The government have also made it clear that it will be the responsibility of individual businesses to hire temporary workers with the correct and suitable skillset and/or qualifications to meet the obligations of the role?- striking train drivers, pilots or employed barristers may be reassured by this.

Whilst the change has been welcome news for many businesses trying to deal with the chaos caused by strikes, the new law has not been without its detractors. Unison, the UK’s largest trade union announced plans to launch a legal challenge against the government based on purported breach of Article 11 of the European Convention on Human Rights which protects the right to strike and international labour standards. Part of the argument here is that such measures will reduce the bargaining position of trade unions to the point that industrial action is rendered essentially meaningless.???