A change in the law enabling businesses to supply skilled agency
workers to plug staffing gaps during industrial action has been
unveiled by the government today (23 June).
Under current trade union laws employment businesses are
restricted from supplying temporary agency workers to fill duties
by employees who are taking part in strikes. This can have a
disproportionate impact, including on important public services,
causing severe disruption to the UK economy and society – from
preventing people from getting to work to creating challenges for
how businesses manage their workforce.
Today’s legislation, repealing these burdensome legal
restrictions, will give businesses impacted by strike
action the freedom to tap into the services of employment
businesses who can provide skilled, temporary agency staff at
short notice to temporarily cover essential roles for the
duration of the strike.
Removing these regulations will give employers more flexibility
but businesses will still need to comply with broader health and
safety rules that keep both employees and the public
safe. It would be their responsibility to hire cover workers
with the necessary skills and/or qualifications to meet those
obligations.
It would also help mitigate against the impact of future strikes,
such as those seen on our railways this week, by allowing
trained, temporary workers to carry out crucial roles to keep
trains moving. For instance, skilled temporary workers would be
able to fill vacant positions such as train dispatchers, who
perform vital tasks such as giving train drivers the signal they
are safe to proceed and making sure train doors aren’t
obstructed.
During this week’s strikes, that role has had to be carried out
by train managers who could have been better used in more safety
critical roles, such as guards. This legislation would allow
that, as well limiting the impact future strikes have on
hardworking commuters and the economy.
The change in law, which will apply across all sectors, is
designed to minimise the negative and unfair impact of strikes on
the British public by ensuring that businesses and services can
continue operating. For example, strikes in public services such
as education can often mean parents have to stay at home with
their children rather than go to work, or rail sector strikes
stopping commuters getting to work or to other businesses.
Subject to parliamentary approval, these changes are made through
a statutory instrument and are set to come into force over the
coming weeks and will apply across England, Scotland and
Wales.
Business Secretary said:
“Once again trade unions are holding the country to ransom by
grinding crucial public services and businesses to a halt. The
situation we are in is not sustainable.
“Repealing these 1970s-era restrictions will give businesses
freedom to access fully skilled staff at speed, all while
allowing people to get on with their lives uninterrupted to help
keep the economy ticking.”
Transport Secretary said:
“Despite the best efforts of militant union leaders to bring our
country to a standstill, it’s clear this week’s strikes did not
have the desired impact due to more people being able to work
from home. However, far too many hard working families and
businesses were unfairly affected by union’s refusal to
modernise.
“Reforms such as this legislation are vital and will ensure any
future strikes will cause even less disruption and allow
adaptable, flexible, fully skilled staff to continue working
throughout.”
The government has also announced today that it is raising
the maximum damages that courts can award against
a union, when strike action has been found by the court
to be unlawful. The caps on damages, which have
not been changed since 1982, will be increased. For the biggest
unions, the maximum award will rise from £250,000 to £1m.
