Ban on using agency workers to replace striking workers 



Since 1973, there has been a ban on the use of agency workers to replace striking workers or to cover the work of employees of the hirer assigned to cover the work of striking workers, in official (but not unofficial) action (Conduct of Employment Agencies and Employment Businesses Regulations 2003, regulation 7).


This ban reflects the position of the International Labour Organisation, which is that using replacement workers to break a strike is a breach of ILO Convention 87 (Freedom of association and the right to organise). ILO Recommendation 188 on private employment agencies states: “private employment agencies should not make workers available to a user enterprise to replace workers of that enterprise who are on strike”.



The Conservative Party has made a manifesto commitment to lift this ban, and draft regulations — the Conduct of Employment Agencies and Employment Businesses (Amendment) Regulations 2015 – have been published. However, the ban currently remains in place, and the government says it is still considering whether or not to make this change.


Agencies have a defence if they did not know that industrial action was planned, so it is important to put them on written notice of strike plans.