The government has decided not to appeal this month’s decision by the High Court that its repeal of laws that banned employers from using agency workers to cover for staff who are on strike was unlawful.
From 10 August, employers will no longer be able to use agency workers to cover striking employees.
Unions including Aslef, GMB and Usdaw brought a claim against the business secretary, arguing the regulations were unlawful because the government failed to consult unions before introducing the changes.
The government said it had consulted on the plans in 2015, claiming that it was “highly likely” that the outcome would not have been substantially different had there been further consultation. However, the High Court dismissed this.
Strikes legislation
Minimum service levels to be imposed as Strikes Act passes
Agency worker ban during strikes to be reinstated next month
The High Court ruled that the government’s repeal of the agency worker ban “was not informed by, or tested against, the views of and the evidence of bodies which were representative of the interests concerned”.
Recruitment and Employment Confederation chief executive Neil Carberry said: “The government’s decision not to appeal the decision of the High Court on agency workers and strikes is common sense.
“It delivers immediate and much-needed certainty for companies and workers. The ban on agency workers replacing striking workers will return in a few days.
“Agency staff have a choice of roles and it was always very unlikely they would choose to cross picket lines, and in any case placing a different firm’s workers into the middle of a dispute would only ever aggravate tensions.”
Tim Sharp, TUC senior employment rights policy officer, said: “Ministers know they broke the law when they tried to push through unworkable, shoddy legislation. Bringing in agency staff to deliver important services in place of strikers risks endangering public safety, worsening disputes and poisoning industrial relations
“The government railroaded through this law change despite widespread opposition from agency employers and unions. Since the changes came into force we have seen no evidence of improved industrial relations. Rather, workers and agency employers have been placed in the middle of difficult and volatile situations. Now ministers must do the right thing. They must commit to retaining the longstanding ban on agency workers replacing those on strike.”
Carberry continued: “We hope that the government decides to let this matter rest now. They may choose to table replacement regulations, but these cannot be rushed considering the judgment of the High Court. A full consultation would be needed.
Sign up to our weekly round-up of HR news and guidance
Receive the Personnel Today Direct e-newsletter every Wednesday
“If the government goes down this route, the REC will stand with labour relations experts across the country in arguing that the change will stir up problems and provide no solutions. We would be better advised to channel energy and efforts into resolving current conflicts and producing an industrial strategy for the UK that tackles labour market shortages.”
Employee relations opportunities on Personnel Today
Browse more Employee Relations jobs
