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Using agency workers during strikes: new consultation

A fresh consultation on allowing agency workers to cover employees who are on strike has been launched.

This move follows the High Court’s ruling in July 2023 that previous regulations attempting to effect this were unlawful, basically because the government had relied on a consultation exercise which had been conducted too long beforehand.

The purpose of this new consultation is to seek views on whether the government should repeal reg. 7 of the Conduct of Employment Agencies and Employment Businesses Regulations 2003 which prevents employment businesses supplying agency workers to cover the duties normally performed by a worker who is taking part in a strike or other industrial action. The closing date for the consultation is 13 January 2024.