Can you supply to replace workers on strike?
With job and pay cuts leading to employee unrest, a key topic of conversation in the TUC Conference last week was that of strike action. As this threat increases, you could be contacted to supply replacements as your clients try to complete projects and keep the money coming in.
Tempting though it may be to use the situation to your advantage, employment businesses are prohibited from supplying workers to replace workers on official strike action by the Conduct of Employment Agencies and Employment Businesses Regulations 2003 (“the Regulations”). The restriction applies as much to supplying a replacement for someone who has been moved internally by the client to replace the striking worker. So beware.
For those wanting to put business above reputation and wiling to risk having their collars felt, the website domain www.replaceastrikingworker.com is probably available!
Adrian, a highly experienced lawyer, founded Lawspeed in 1997. He is responsible for developing our extensive portfolio of products and services, including the widely used Lawspeed contract templates. Adrian is an expert on “recruitment law” and specialises in contracts, regulatory compliance, employment status and dispute handling. He is chair of the trade body the Association of Recruitment Consultancies, the only lawyer lead recruitment trade body in the UK. Adrian and his co-director Ravi devised Standards in Recruitment as a vehicle for helping drive up standards and compliance in the industry.
Adrian is our lead in discussions with the government over regulatory evolution. Apart from assisting with client support, Adrian’s primary role is research and development into methods of business delivery, our latest service Proterms being his most recent project. Adrian heads our IR35 lawyers team.