LRD guides and handbook May 2019

Law at Work 2019 - the trade union guide to employment law

Chapter 2

Ban on replacing striking workers


[ch 2: page 60]

Since 1973, agencies are banned from providing workers to replace staff taking part in official industrial action (regulation 7, CEAEBR). The Conservative Party has made a manifesto commitment to repeal this ban despite widespread opposition, including from the sector’s trade body, the Recruitment and Employment Confederation. Any repeal would breach international treaty obligations. In particular, International Labour Organisation (ILO) Recommendation 188 on private employment agencies states that “private employment agencies should not make workers available to a user enterprise to replace workers of that enterprise who are on strike”.
See also Chapter 6: Industrial action.