MPs reject ban on using agency workers to break strikes

Nick Elvin

An attempt to add a ban on employers bringing in agency staff to break strikes to the Trades Union Bill has failed in Parliament.

A group of MPs from across the political spectrum showed their support for a proposed amendment to the bill during its third reading in the House of Commons last week, but failed to get the amendment included. The bill will now be debated by the House of Lords.

MPs voiced fears about the health and safety implications of replacing employees who were on strike with workers less familiar with the job. There were also concerns that bringing in temporary staff would render the strike action ineffective.

Speaking in the Commons debate, Lisa Cameron (SNP member for East Kilbride, Strathaven and Lesmahagow), said: “Repealing the existing prohibition on hiring agency staff to replace workers participating in industrial action fundamentally undermines the right to strike. It reduces the impact of strike action and upsets the power balance between workers and employers. It has also been argued that it is relatively ineffective with regard to dispute resolution, as it serves only to prolong the dispute, delay resolution and embitter industrial relations.

“A recent YouGov poll found that 65% of those surveyed were against bringing in temporary agency workers to break public sector strikes, and more than half said they thought it would worsen services and have a negative impact on safety. Only 8% indicated that they believe that hiring agency workers during strikes would improve services.”

Kevin Brennan, Labour MP for Cardiff West told the House: “As we know, the Government are planning to remove the ban on agencies knowingly supplying agency workers to replace striking workers. Kate Shoesmith, the head of policy at the Recruitment & Employment Confederation, which has nearly 3,500 corporate members, has said: ‘We are not convinced that putting agencies and temporary workers into the middle of difficult industrial relations situations is a good idea for agencies, workers or their clients’.”

The Government recently held a consultation into the possible removal of Regulation 7 of the Conduct of Employment Agencies and Employment Businesses Regulations 2003, which prohibits employment businesses from providing agency workers to during industrial action.

Conservative minister Nick Boles MP told the House that the amendment should therefore not be included in the Trade Union Bill as it would pre-empt the Government’s response to the consultation.

“The Government consultation closed in September; we are analysing responses,” he said, “We will publish a response in due course, and I resist any amendment that seeks to pre-empt it.”