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Commentary

17. Strike Breaking by Employment Businesses

Division NII Industrial Action
| Commentary

17. Strike Breaking by Employment Businesses

| Commentary

Contributing Editor

OWEN WARNOCK MA

Solicitor; formerly a partner in Eversheds Sutherland; Emeritus Professor of Employment Law, University of East Anglia

Until 21 July 2022 it was unlawful for an employment business (as defined) to help an employer try to break a strike by supplying it with blackleg labour (Conduct of Employment Agencies and Employment Businesses Regulations 2003 SI 2003/3319 reg 7). This regulation was repealed by the Conduct of Employment Agencies and Employment Businesses (Amendment) Regulations 2022 SI 2022/852. However, a coalition of trade unions challenged this in judicial review proceedings and on 13 July 2023 the repeal regulations were quashed by Linden J (R (on the application of ASLEF and others) v Secretary

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