Since July 2022 the UK Government changed the law to allow agencies to supply temporary workers to replace striking workers. On 13 July 2023, the High Court upheld the claims of the Trades Union Congress and UNISON to rule that employers can no longer use temporary workers to cover workers who are striking.
From 10 August 2023, it is therefore again unlawful to use agency workers to cover any workers who are striking. However, employers can still replace those out on strike by:
• Engaging new temporary staff directly themselves.
• Moving employees internally to cover essential jobs.
Agency workers already in place as part of your normal business can carry on as usual.