Policy Response

Hiring agency staff during strike action: reforming regulation

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Hiring agency staff during strike action: reforming regulation

Published September 2015

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In July 2015, the Department for Business, Innovation and Skills opened a consultation seeking views on the impact of the Government’s proposal to remove Regulation 7 of the Code of Employment Agencies and Employment Businesses Regulations (2003). Currently, Regulation 7 prohibits employment businesses from providing agency workers to: 

  • cover the duties normally performed by an employee of an organisation who is taking part in a strike or other industrial action
  • cover the work of an employee covering the duties of an employee taking part in a strike or other industrial action.

he Government proposes removing this regulation, thereby allowing employers facing industrial action to hire temporary agency workers from employment businesses to perform some of the functions not being carried out due to the industrial action. 

The CIPD’s response to the Government was informed by two focus groups held with members; one in Manchester and the other in London.