Replacing striking workers with agency staff
The nation is set to be hit with widespread strike action tomorrow and as businesses are considering further job and pay cuts across the board, the threat of strike action is likely to continue well into 2012. A staffing agency might therefore expect to be approached by strike-hit organisations, but what does the law say about replacing strikers with agency workers?
Tempting though it may be to use the situation to your advantage, employment businesses are prohibited from supplying workers to replace staff on official strike action by the Conduct of Employment Agencies and Employment Businesses Regulations 2003. This restriction applies to all employment businesses – being recruiters that supply their own temps or contractors to work under the control of clients. It also extends to prevent employment businesses from providing a replacement for someone who has been moved internally by the client to replace the striking worker. The rule does not extend to agencies that only introduce replacement workers.
For advice on the rules relating to supplying candidates in certain situations, and possible options CALL US on 01273 236 236.
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.