This is a draft item of legislation. This draft has since been made as a UK Statutory Instrument: The Conduct of Employment Agencies and Employment Businesses (Amendment) Regulations 2022 No. 852
(This note is not part of the Regulations)
These Regulations will come into force on the day after the day on which they are made and will amend the Conduct of Employment Agencies and Employment Businesses Regulations 2003 (S.I. 2003/3319) (the “Conduct Regulations”).
These Regulations will remove the prohibition set out at regulation 7 of the Conduct Regulations, preventing employment businesses from introducing or supplying agency workers to hirers to replace individuals taking part in official strike or official industrial action or to replace individuals who have themselves been transferred by the hirer to perform the duties of the person on strike or taking industrial action. A breach of regulation 7 is a criminal offence punishable by a fine further to section 5(2) of the Employment Agencies Act 1973. Such breach may also trigger civil liability under regulation 30 of the Conduct Regulations.
Regulation 2(a) revokes regulation 7 (restriction on providing work-seekers in industrial disputes) of the Conduct Regulations thus enabling employment businesses to provide agency workers to hirers during official strike or industrial action, removing the prohibition and potential breach of the Conduct Regulations thereunder.
Regulation 2(b) makes a consequential amendment resulting from the revocation of regulation 7.
The impact assessment will be published in good time before any parliamentary debates on these regulations and will be available on legislation.gov.uk.
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