Consultation on repealing the ban on agencies supplying agency staff during periods of industrial action.
The purpose of this consultation is to seek views on whether government should repeal regulation 7 of the Conduct of Employment Agencies and Employment Businesses Regulations 2003 (“the Conduct Regulations”). This prevents employment businesses supplying agency workers to cover the duties normally performed by a worker who is taking part in a strike or other industrial action.
The prohibition contained in regulation 7 of the Conduct Regulations has, except for the period referred to below, been in force since 1976 (although not always in the current regulations). However, there are questions over whether such a wide-ranging and blanket restriction, that prevents employment businesses offering their services to hirers facing strike action, remains appropriate given the shape and nature of the modern UK economy.
A previous government included the repeal of regulation 7 in its manifesto for the 2015 General Election and consulted on this proposal in 2015, concluding it was not the right time to proceed.
The issue was looked at again last year and the-then Secretary of State decided that it was right to repeal regulation 7. In doing so he relied on the consultation carried out in 2015 to discharge...
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