REC and TUC urge government to abandon plan to allow agency staff to replace striking workers

Representatives of both agency sector and unions say this plan is counter-productive, impractical and puts workers at risk

The TUC and REC have today (Monday) called on the government to abandon its “unworkable” plan to lift the ban on agency workers filling in during strikes. 

The full joint statement from the TUC and REC reads:

The Recruitment & Employment Confederation (REC) and Trades Union Congress (TUC) are urging the government to abandon its proposal to repeal the ban on agency workers filling in for employees who are on strike. 

The two organisations, representing both the agency sector and unions, think the plan is unworkable and oppose it in the strongest possible terms. They urge the government to leave the current ban in place as a key element of a sustainable national employment relations framework. 

Using agency staff to cover strikes will only prolong the conflict between employers and their staff. Strikes are industrial disputes within a single industry or firm.

Government needs to step up and do the work around resolving industrial disputes rather than inserting a third party in the form of agency workers into a dispute. That does nothing to solve the underlying issues between the company and their staff. This will only prolong the dispute and inflame tensions. Negotiations should be the obvious priority – rather than potentially putting the safety of agency workers and company employees at risk.

The proposal is not practical. There are currently 1.3 million vacancies in the UK, a record high. REC data shows that the number of candidates available to fill roles has been falling at record pace for months. In this tight labour market, agency workers are in high demand and can pick and choose the jobs they take.

Agency staff are very unlikely to choose a role that requires them to cross a picket line versus one that doesn’t. Additionally, many roles that may be on strike require technical skills or training. Training agency workers to do these jobs would be expensive and time-consuming.

Only recently government ministers came out to condemn what P&O Ferries did. Surely that example cannot have been forgotten so soon? That case showed how unfair these situations can be for agency workers, as well as the negative attention they and the agencies would receive.

Neil Carberry, Chief Executive of the REC, said:

“The government’s proposal will not work. Agency staff have a choice of roles and are highly unlikely to choose to cross picket lines. Agencies want the ban to stay to avoid them being pressured by clients into supplying staff into hostile and potentially dangerous situations. Earlier this year, we saw the effect on agencies who inadvertently got drawn into the P&O dispute. That offers a salutary lesson.

“In all disputes, our aim should be to resolve conflict, not to prolong it. Inserting a different firm’s workers into the middle of a dispute can only ever inflame tensions.

“We urge ministers to re-consider this wrong-headed approach, which runs counter to the standards adopted by the employment industry globally. Business is best served by negotiations, not showdowns.”

Paul Nowak, TUC deputy general secretary, said:

“Just a few months ago Grant Shapps slammed P&O for replacing experienced workers with agency staff. But now he’s proposing to do the same on railways.

“Allowing agency staff to replace striking workers would undermine the right to strike and create genuine safety risks for the public and for the workforce.  

“It would put these workers in an appalling situation, worsen disputes and poison industrial relations. 

“Having repeatedly promised a high-wage economy, ministers now seem determined to reduce workers’ bargaining power and to make it harder for working people to win fair pay and conditions.

“This government has the power to play an active role in helping to end disputes. But it would rather escalate tensions and pick a fight with unions.”

On international law, Paul Nowak added:

“Once again, this government is showing its disregard for international law, which these proposals almost certainly breach.”

Ends

Notes to editors:

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