Agency staff covering striking workers

A few months ago we reported on new regulations which now permit employers to engage agency staff to cover striking workers.

Three sets of legal proceedings challenging the regulations were brought, one of them involving 11 trade unions. The unions are arguing that the regulations are unlawful because they say:

1. There was no consultation with the unions before introducing the regulations, which they say is required by the Employment Agencies Act 1973; and
2. The regulations violate fundamental trade union rights.

The High Court has granted permission for judicial review of the regulations. The courts will now examine the decision to see whether the introduction of the regulations was lawful. If not, the regulations will be reversed.