The government today announced a reform to the legislation that will allow companies to use competent agency employees to fill workforce shortfalls during industrial action (Thursday 23 June).
In accordance with existing labor rules, employers are prohibited from providing temporary agency workers to cover for workers on strike.
This may have a disproportionate effect, disrupting vital public services as well as the economy and society of the UK.
It may also make it difficult for people to get to work or make it difficult for companies to manage their workforces.
The Act passed today will allow businesses affected by strike action to freely use the services of employment agencies that can quickly supply qualified temporary personnel to temporarily fill vital tasks for the duration of the strike by eliminating these onerous legal constraints.
While the elimination of these requirements would allow companies greater freedom, firms will still need to abide by more comprehensive health and safety regulations that protect both employees and the general public.
It would be their duty to employ cover employees with the required training or credentials to fulfill such tasks.
By allowing qualified, temporary personnel to perform vital duties to keep trains going, it would also help lessen the effects of future strikes, like those saw on our railways this week.
For instance, competent temporary workers would be able to fill vacant roles such as railway dispatchers, who undertake important functions such as giving train drivers the signal they are safe to proceed and ensuring sure train doors aren’t obstructed.
Train managers who could have been better employed in more safety-critical positions, such as guards, have had to fill that role during this week’s strikes.
This legislation will enable that while also reducing the negative effects that future strikes will have on the economy and hardworking commuters.
By ensuring that businesses and services can continue to operate, the legislation amendment, which will be applicable across all sectors, aims to reduce the unfavorable and detrimental effects of strikes on the British public.
Strikes in the train industry, for instance, prevent commuters from traveling to work or to other enterprises and frequently force parents to stay at home with their children rather than go to work.
These modifications are made through a legislative instrument and are expected to take effect over the next few weeks in England, Scotland, and Wales, subject to parliamentary approval.
Business Secretary Kwasi Kwarteng said:
“Once again trade unions are holding the country to ransom by grinding crucial public services and businesses to a halt. The situation we are in is not sustainable.”
“Repealing these 1970s-era restrictions will give businesses freedom to access fully skilled staff at speed, all while allowing people to get on with their lives uninterrupted to help keep the economy ticking.”
Transport Secretary Grant Shapps said:
“Despite the best efforts of militant union leaders to bring our country to a standstill, it’s clear this week’s strikes did not have the desired impact due to more people being able to work from home. However, far too many hard working families and businesses were unfairly affected by union’s refusal to modernise.”
“Reforms such as this legislation are vital and will ensure any future strikes will cause even less disruption and allow adaptable, flexible, fully skilled staff to continue working throughout.”
The government also revealed today that it will double the maximum damages that juries may impose against a union when the court rules that a strike was illegal.
There will be an increase in the damage caps, which have not been altered since 1982. The maximum award for the largest unions will increase from £250,000 to £1 million.