Scab labour

Q. We have been in dispute with our employer for some time and are currently engaged in industrial action. However, we think that the employer is getting in people to cover our work while we’re on strike. Can they do this?

A. There is no prohibition on an employer hiring temporary staff to cover you while you’re on strike. However, there is a prohibition on recruitment agencies providing replacement staff to your employer during a strike. Under section 7 of the 2003 Conduct of Employment Agencies and Employment Businesses Regulations, “employment businesses” must not introduce or supply individuals to cover workers who are striking (or even to cover individuals covering for those who are on strike).

You should try and discover which recruitment agencies your employer is using. Once you have that information, a letter-before-action from your union’s solicitors to the agency would probably be a useful tactic. However, bear in mind that for any litigation to succeed, the strike must be official. This means not only that it has the backing of the union, but that there were no more than small and accidental errors in the balloting process — failing which, the agency may escape liability.

It is rumoured that the Tory part of the coalition government is keen to amend the 2003 regulations. In particular, there is a proposal that penalties on agencies, which provide staff to cover individuals out on strike, should be removed.