Search

How can we help?

Icon

Green light for agency staff use during strike action

A new law, ‘The Conduct of Employment Agencies and Employment Businesses (Amendment) Regulations 2022’ came into force on 21 July, which has the effect of allowing employment businesses to supply agency staff during strike action.  

Prior to the 21st July, employment businesses were not allowed to supply agency workers to employers to carry out the duties of employees who were taking part in official industrial action or to cover the work of employees who are covering the duties of striking employees.  

Where employment businesses breached these rules, this amounted to a criminal offence – meaning the business could be prosecuted and fined.  

An employer who commissioned the supply of agency workers could also be found guilty of the ‘common law’ criminal offence of aiding, abetting, counselling, or procuring that offence.  

It is important to remember that although the change will reduce the effectiveness of industrial action, it will not eliminate all hurdles for employers.

Change in law on agency staff

The change to the law which came into effect on 21st July allows a business affected by official industrial action to take on agency staff to cover the striking workers.  

This change will likely result in industrial action becoming much less effective. There is understandably therefore already staunch opposition to the change – UNISON for example, has announced that it intends to challenge the new law in the High Court.  

It is important to remember that although the change will reduce the effectiveness of industrial action, it will not eliminate all hurdles for employers. Many roles cannot easily be covered by agency staff due to the skillsets required of the role holder. Safety critical roles cannot easily be covered by agency staff either, as businesses will still need to comply with their health and safety obligations, and will therefore need to ensure that any agency staff they take on have the necessary training and qualifications to be able to carry out safety critical work.  

Agency workers with the specific skills and qualifications are unlikely to be bountiful at a time when the country is facing a massive staffing shortage.  

As well has the agency worker law changes, the Government has increased the cap on damages that can be sought against a union where strike action is found to be unlawful. The caps depend on the size of the union. They used to range from £10,000 to £250,000, but as of 21st July 2022 onwards, the cap increased to £1 million for the largest unions with 100,000 members or more.  

Further information

All companies need to be prepared for the unexpected, our employment solicitors can help organisations identify and prepare and provide a rapid response to industrial relations issues, whilst also strengthening employee engagement. Find out more about our industrial relations and trade unions services.

 

Disclaimer
This information is for guidance purposes only and should not be regarded as a substitute for taking legal advice. Please refer to the full General Notices on our website.

Author profile

About this article

Read, listen and watch our latest insights

art
  • 15 August 2025
  • Employment

Employment Rights Bill – Get your tailored action plan now!

The Employment Rights Bill is a major piece of legislation which significantly overhauls worker’s rights.

art
  • 13 August 2025
  • Commercial Real Estate

Proposed Ban of upwards only rent reviews

In an effort to save the high street, the government has proposed to ban upwards only rent reviews in commercial leases, without any consultation with professional bodies. It has caught the commercial property sector completely by surprise.

art
  • 12 August 2025
  • Privacy and Data Protection

From WeTransfer to WhatsApp: How Unapproved Tools and “Shadow IT” Could Threaten UK GDPR Compliance

Businesses and self-employed professionals are in a constant pursuit of efficiency and productivity.  There are, as a result, no end of tools and products available to smooth digital workflows. 

art
  • 07 August 2025
  • Immigration

New simplified British Citizenship route for Irish Citizens now in force

From 22 July 2025, eligible Irish citizens who have been resident in the UK for five years can now register as British citizens under a new, simplified route.

art
  • 06 August 2025
  • Employment

Enhanced redundancy packages explained

It is difficult for employees and employers alike when the time comes to make redundancies across a business. For those impacted, it can be particularly difficult to understand the terms used, and what your entitlements are as an employee.

art
  • 06 August 2025
  • Litigation and dispute resolution

Product liability reform: New Product Regulation and Metrology Act 2025

The law on product safety is set to undergo reform as the new Product Regulation and Metrology Act 2025 was passed in July.