Strikes and Other Industrial Action

June 29th, 2022 by James Goudie KC

The Secretary of State for Business has laid before Parliament two Statutory Instruments: the Conduct of Employment Agencies and Employment Businesses (Amendment) Regulations 2022, and the Liability of Trade Unions in Proceedings in Tort (Increase of Limits on Damages) Order 2022.

The first statutory instrument concerns the provision of temporary workers during strike action. Regulation 7 of the Conduct Regulations makes it a criminal offence for an employment business to knowingly (or having reasonable grounds for knowing) provide temporary workers to ab employer to perform the duties of workers taking part in an official strike or other industrial action.  This is to be repealed and removed.

The second statutory instrument concerns the cap on damages available to employers against unlawful strike action. Employers can bring a claim for damages against a union that has organised unlawful strike action. The Trade Union and Labour Relations (Consolidation) Act 1992 sets the upper limits to the damages that can be awarded based on the size of the union that organised the unlawful strike action. The Order increases the existing caps for damages.

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