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ARTICLE · 21 JULY 2023

Agency Workers Regulations Quashed

The High Court has today handed down its judgment upholding a judicial review application by 13trade unions. The Court agreed that regulations introduced by the Government last year...

United KingdomEmployment and HR

The High Court has today handed down its judgment upholding a judicial review application by 13 trade unions. The Court agreed that regulations introduced by the Government last year, permitting agency workers to be used to cover for striking staff, were unlawful. The regulations have been quashed with immediate effect.

On 21 July 2022, the Conduct of Employment Agencies and Employment Businesses (Amendment) Regulations 2022 (2022 Regulations) came into force, revoking regulation 7 of the Conduct of Employment Agencies and Employment Businesses Regulations 2003 (2003 Regulations). Regulation 7 made it a criminal offence for employment businesses to supply agency workers to cover duties normally performed by a worker who is on strike or taking industrial action, or the duties normally performed by any other worker who has been assigned to cover a striking worker. As a result of the 2022 Regulations, employment businesses were no longer prevented from supplying an

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