New law in place to ‘plug staffing gaps caused by strike action’

The change in the law, which will apply across all sectors, came into force yesterday (21 July).

A statement from the Department for Business, Energy & Industrial Strategy, business secretary Kwasi Kwarteng, and transport secretary Grant Shapps, said the reforms would help ensure crucial public services and people’s daily lives remain uninterrupted by strikes.

“With industrial action across a range of sectors threatening to disrupt crucial public services, the government has worked at speed to repeal trade union laws that restrict employment businesses from providing temporary agency workers to fill vacant positions caused by staff striking,” the government stated.

“From today, businesses most affected by industrial action will be able to call upon skilled, temporary staff at short notice to plug essential positions. This will help to mitigate the disproportionate impact strike action can have both on the UK economy and society by allowing crucial services, that we all use on a daily basis, to continue functioning.”

Kwarteng said: “In light of militant trade union action threatening to bring vital public services to a standstill, we have moved at speed to repeal these burdensome, 1970s-style restrictions.

“From today, businesses exposed to disruption caused by strike action will be able to tap into skilled, temporary workers to provide the services that allow honest, hardworking people to get on with their lives. That’s good news for our society and for our economy.

“While this law change will provide greater flexibility to businesses, companies will still be required to abide by broader health and safety rules that keep employees and the public safe.

“In addition, it will be the responsibility of individual businesses to hire temporary workers with the correct and suitable skillset and/or qualifications to meet the obligations of the role.”

Shapps added: “While next week’s rail strikes will come too soon to benefit from this legislation, it’s an important milestone reflecting the government’s determination to minimise the power of union bosses.

“For too long unions have been able to hold the country to ransom with the threat of industrial action but this vital reform means any future strikes will cause less disruption and allow hardworking people to continue with their day-to-day lives.”

The government also changed the law yesterday to raise the maximum damages that courts can award against a union, when strike action has been found by the court to be unlawful. For the biggest unions, the maximum award will rise from £250,000 to £1m.

The changes, which apply across England, Scotland, and Wales, have come under some criticism, with particular focus paid to the government’s handling of the P&O scandal in March.

Unite general secretary Sharon Graham tweeted: “When P&O broke the law this [government] never even gave them a slap on the wrist. When trade unions defend jobs pay and conditions and win this government takes stock, and then viciously attacks workers’ rights.

“Many agency workers will be alarmed at the prospect of being forced to try and break lawful picket lines. It is shameful to force them into this position.

“Unite is well prepared for all eventualities and I will not apologise for making sure that my members don’t pay for a crisis not of their making. This collective decision by this failed government, in reality, will change nothing.”

The Imperial College London branch of the University & College Union also tweeted: “Workers’ ability to withdraw our labour is crucial to winning better conditions. Unions across the UK are balloting for strike action as employers are cutting jobs and pay during a cost-of-living crisis. This is a move to divide workers.”