Government decision not to appeal strike legislation ‘common sense’ says REC

It has emerged that the government will not appeal the High Court’s recent decision to repeal legislation that allowed agency workers to fill in for striking workers.

Enacted in summer 2022, the legislation put forward by then-chancellor Kwasi Kwarteng turned around a decades-long ban on calling in agency workers during strikes. The High Court decided the new legislation, brought in as the UK was hit by a spate of industrial action, was unlawful.

Asked to respond, the CEO of the Recruitment & Employment Confederation (REC), Neil Carberry, said the government’s decision to not appeal was “common sense”. 

He went on to say: “This gives recruiters certainty that the law will revert to its original state in early August and stay that way for the foreseeable future.

“Agency staff have a choice of roles and it was always very unlikely they would choose to cross picket lines, and in any dispute would only ever aggravate tensions.

“The government has made a sensible call in not appealing… Should the Department for Business and Trade choose to table replacement regulations, these cannot be rushed in light of the judgment of the High Court. A full consultation will allow recruiters to air their views. It will also run up against the ticking clock as we head for the General Election next year.”

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