Planned Public Sector Industrial Action - Don't get caught out!

There has been lots of news coverage this week regarding planned public sector walkouts for a number of teachers unions, and Unison staff which are going to happen later this month. Recruiters and Agencies need to be careful if they are approached by public bodies to provide temporary staff to cover work or services which might be affected by this industrial action. Employment Agencies should be aware of Regulations under the Conduct of Employment Agencies Regs 2003 .

The Regulations prohibit “an employment business” from introducing or supplying a worker to perform the duties normally performed by a worker who is taking part in a strike or other industrial action. An “employment business” again for these purposes is defined by the Employment Agencies Act 1973 as “the business (whether or not carried on with a view to profit and whether or not carried on in conjunction with any other business) of supplying persons in the employment of the person carrying on the business to act for and under the control of other persons in any capacity”.

Breaches of these statutory provisions and regulations are a criminal offence, and can give rise to criminal penalties for directors acting in breach. The Department for Business and Innovation Skills (BIS) are the Investigative and Prosecuting Authority who enforce these provisions. Enforcement is usually precursored by investigations and attendance at your business premises to search files and computer records for evidence. If you get a call to warn you of a BIS investigation, it is imperative that you get immediate specialist regulatory legal advice.

These sorts of prosecutions are very rare, but given that we are probably faced with a summer of industrial action the like of which we have not seen since the 80’s, anyone approached to provide workers to undertake the services being suspended due to industrial action should take extreme care.

For more information on this subject, please contact dispute resolution specialist Heather Stanford or join the debate on in our eForum on Linkedin

See recent coverage on this topic at this link

http://www.midlandsbusinessnews.co.uk/2011-06/supply-of-agency-workers-to-perform-striking-staff-duties-falls-foul-of-reg%E2%80%99s.aspx

http://www.recruitment-international.co.uk/news/supply-of-agency-workers-to-perform-striking-staff-duties-falls-foul-of-reg%E2%80%99s-6604.htm