Clarks has been accused of using agency workers to cover tasks usually performed by workers who are on strike at the retailer’s warehouse in Somerset.
According to the Community union, which is representing employees who are taking industrial action in response to alleged “fire and rehire” tactics, agency workers have on a number of occasions been seen carrying out the work of employees who are on strike.
Clarks has denied the union’s claims.
It is illegal for an employer to use agency workers to perform duties normally carried out by someone taking part in industrial action under The Conduct of Employment Agencies and Employment Businesses Regulations 2003.
Community said it had reported Clarks to the Department for Business, Enterprise and Industrial Strategy after a man employed as a general worker was seen driving a forklift, which was usually driven by a worker who was on strike.
Industrial action
Where employees take strike action, can their employer hire temporary staff to cover their work?
It has been reported that this was an isolated incident and Clarks managers acted quickly to rectify the situation. Clarks told the BBC that it had shown the union details of the agency workers it is employing to demonstrate that they are operating within the law.
A Community spokesperson said: “Community are aware of a number of employment agencies advertising for temporary workers at Clarks.
“We will make employment agencies obligations very clear to them. Where there is evidence of wrongdoing, we will take the matter further and resist it at every turn.”
A Clarks spokesperson said: “Right throughout this period of industrial action, Clarks has been acting according to the law. Clarks is not using agency workers to cover employees who are on strike.
“Clarks continues to be in regular communication with Community and since the start Clarks has offered to make details of agency worker numbers available to them to provide reassurance.”
Recruitment and Employment Confederation (REC) chief executive Neil Carberry said organisations should not ask employment agencies to provide staff to cover for striking workers.
“Using agency workers to break a strike is illegal. No client of a recruitment agency should be asking them to break the law by supplying workers for this purpose. Agencies should be careful to do their due diligence as they always would, and the REC’s legal services are available to help members if they have suspicions. But ultimately it is the client’s responsibility to ensure they and the agency workers they engage are not breaking the law,” he said.
Community said its members had been striking after they were asked to accept changes to their terms and conditions of employment, including a reduction in their hourly wage, sick pay and holiday allowance, and the removal of 10-minute coffee breaks and complimentary hot drinks.
Eighty-eight per cent of eligible staff at the warehouse voted in favour of industrial action in October.
The union’s spokesperson said that some employees could lose between 15% and 20% of their annual income if they agreed to the contractual changes.
“This would not be the solution. The workers want to work and want the company to succeed. We urge Clarks to come back round the table with us and find a solution that is agreeable for all,” they added.
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