The High Court has recently (13 July 2023) handed down a landmark ruling which will no doubt spark debate and concern about its consequences for businesses and their ability to cope with industrial action. While aimed at addressing the use of underqualified agency workers during strikes, the ruling has been criticised for its potential adverse effects on businesses and the current economic climate.

The ruling appears to favour employees and unions when it comes to industrial action. This power shift may leave affected businesses with little choice but to meet the demands of their workforce, even if it is not financially viable. The implications of such a mandate in the current economic climate raise concerns about the sustainability of businesses facing mounting pressures.

A more balanced approach

It is important to acknowledge the valid concerns regarding the use of underqualified agency workers as replacements during strikes, especially in critical sectors like healthcare. Strengthening regulations around the employment of temporary workers during industrial action might have been necessary but the broad application of a blanket ruling may be seen as heavy-handed and detrimental to businesses.

One Size May Not Always Fit All

The ruling’s one-size-fits-all approach has raised eyebrows within various industries. While tighter restrictions on temporary workers during strikes might be warranted, each industry has unique circumstances and dynamics that should be taken into account. Imposing a uniform solution fails to consider the diverse needs and challenges faced by different sectors. It must be acknowledged that the reason for this decision is the failure of the Government to consult properly at all and it may be that the Government will now seek to consult with a view to introducing a replacement.

Implications for the Public

Although the ruling may be welcomed by union leaders, its impact on the public is a point of concern. Continuing strikes across sectors ranging from education to transport to healthcare, despite the government’s recent pay offer, may lead to a dip in public support at a time when it is much needed.

While the intention behind the ruling to address the use of underqualified agency workers during industrial action is valid, the broad application of a blanket ruling has raised questions about its fairness and effectiveness. Striking a balance between employee rights and business viability is crucial. Perhaps appreciating the unique circumstances of each business sector might be a better approach to ensuring the concerns of all stakeholders are taken into account.

Get In Touch

Mike has a strong reputation for helping employers solve difficult employment problems and make choices based on appropriate risk assessment.

Written By

Published: 18th July 2023
Area: Corporate & Commercial

How We Can Help


From guidance on the Coronavirus Job Retention Scheme and support with largescale redundancies, to working from home and policies and other workplace issues, our team of experts are on hand to work with your HR teams to help with any issue, large or small.

Managing Your Workforce

Our team provide comprehensive legal solutions that are grounded in strategic commercial know-how.

Our Latest Employment Updates

Our experts are here to answer any questions you might have

If you’d like to speak to a member of our team, please fill out the enquiry form. We will aim to reply to your query within 2 hours

Need to talk to someone sooner? You can call use at the number below

Call Us: 0330 024 0333