Government’s ‘Strike-Breaking’ Laws Now Unlawful

Government’s ‘Strike-Breaking’ Laws Now Unlawful

Government’s ‘Strike-Breaking’ Laws Now Unlawful

The High Court has today ruled that businesses can no longer employ agency workers to cover staff that are on strike.

The Purpose of the Legislation Change

Historically, where a strike had been lawfully called employers were not allowed to replace striking workers with agency staff. This changed last summer when the government introduced the legislation to allow businesses to use agency staff to cover the work of striking staff and keep disruption to a minimum.

Why is the New Legislation Unlawful?

A number of unions have challenged this new legislation. The High Court found that the government did not properly consult with the Unions, despite being required to do so. Because of this, the High Court decided that the legislation was not lawful and has quashed it. This means that, with immediate effect, the law is no longer in force.

Impact on Employers

If you are faced with staff going on strike, you will not be able to engage agency workers to cover.

If you are an employer based in an industry particularly susceptible to employees striking, then you will need to keep this in mind if faced with a strike.

If you are concerned about the impact of this change, or need advice concerning strikes please do not hesitate to contact us and we will be more than happy to help.