Government and campaigns
In recent months, the government has taken steps to minimise the impact of strikes in the UK by introducing the Strikes (Minimum Service Levels) Bill, which seeks to limit strike action in certain sectors, and by repealing Regulation 7 of the Conduct of Employment Agencies and Employment Businesses Regulations 2003. This repeal removes a provision preventing agencies from supplying workers to cover strikes. There have now been key updates on both of these interventions that employment businesses need to be aware of.
This Bill is currently progressing through the House of Lords, having been introduced to Parliament in January. Under the initial announcement, the Bill would have given the government the power to set minimum levels of service which must be met during industrial action to ensure access to public services. This included health services, education, fire and rescue, and the management of nuclear waste.
However, members of the House of Lords have voted in favour of a number of amendments to this Bill. These include an amendment to boost parliamentary oversight of the application of the Bill and amendments protecting unions by ensuring they have no responsibility for making sure their members do not participate in strike action if they have been named on a notice requiring them to work.
The REC welcomes these amendments and the reinforcement of worker rights that they represent. The government needs to take serious action to manage employee relations issues and curtailing the right to strike is the wrong policy to address this.
Following the repeal of Regulation 7 last year, an application for a judicial review into how the decision to repeal the regulation was made. This application was heard in the High Court on 3 May and the outcome could have huge implications for the industry.
If the High Court finds in favour of the government, then the current situation with Regulation 7 being repealed will remain in place. However, if the government's action is found to be unlawful this could potentially create a situation where the repeal of Regulation 7 itself was unlawful, but the actions of agencies taken since it was repealed are not. Where the law would go from here will depend on the exact judgment of the High Court, and the government's ability to remedy any potential unlawful areas quickly and lawfully.
The REC will monitor proceedings and assess the judgement carefully when it is made. A date for the judgement has yet to be confirmed. Once we know more, we will be able to provide guidance around how agencies should be operating in relation to strikes, and the impact of any judgment. For now, employment businesses need to be aware that this is ongoing and be prepared for possible further changes to the law in this area.
Share this article