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Conservatives set to overturn ban on use of agency workers during strikes despite “humiliating” High Court defeat
Ministers will try again to overturn the ban on the use of agency workers during strikes, as the government launches a consultation on the law change.
- NEW – Government’s own impact assessment warns strike-breaking agency worker laws will poison industrial relations and prolong strikes
In June the government was defeated in the High Court after it rushed through new laws that allowed agencies to supply employers with workers to fill in for those on strike.
The presiding judge criticised ministers for acting in a way that was “unfair, unlawful and irrational” and reinstated the ban on agency staff being used to break strikes.
But despite this rebuke – and strong opposition from unions and employers – ministers are resurrecting the plans with a new consultation.
The Recruitment and Employment Confederation (REC), which represents suppliers of agency workers, called the announcement of the consultation “a disappointment, given the scale of opposition from employers and workers to the previous proposal”.
The body also warned the change could see inflamed tensions and longer disputes.
Poison relations and prolong strikes
The government’s own impact assessment says the law change will poison industrial relations and prolong strikes.
The new impact assessment, which was published yesterday, says the change will result in “worsening in the relationship between employers and workers – which could lead to more prolonged strike action in the short-term".
The impact assessment also suggests it could hit workers’ pay and conditions.
The proposed change comes as the government seeks to impose new rules forcing some workers to work during strikes.
In September the TUC reported the government to the International Labour Organization (ILO) – the UN workers’ rights watchdog – over the Strikes Act.
Commenting on the announcement on agency workers, TUC General Secretary Paul Nowak yesterday said:
“The Conservatives’ humiliating High Court defeat should have spelled the end of this cynical law.
“But now they are resurrecting the same irrational plans.
“Allowing unscrupulous employers to bring in agency staff to deliver important services risks endangering public safety and escalating disputes.
“Agency recruitment bodies have repeatedly made clear they don’t want their staff to be put in the position where they have to cover strikes. But ministers are not listening.
“The government’s own impact assessment is clear – this change will poison industrial relations and drag out disputes.
"This is the act of a desperate government looking to distract from its appalling record.”
- Special Congress: The TUC will hold a special Congress to discuss the next stage of campaigning against the Conservatives’ anti-strike laws. The event will take place at Congress House on Saturday 9 December 2023, from 10am-1pm. The TUC press office will send an op note with further details, including on media accreditation, in the coming weeks.
- About the TUC: The Trades Union Congress (TUC) exists to make the working world a better place for everyone. We bring together the 5.5 million working people who make up our 48 member unions. We support unions to grow and thrive, and we stand up for everyone who works for a living.
TUC press office
020 7467 1248
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