Research by recruitment specialist Encore Personnel has revealed that British companies are unlikely to take advantage of proposed new, government legislation allowing firms to use agency staff to replace striking workers.

More than 200 firms across the country responded to the question: “If you had an official industrial action would you consider the use of agency labour to replace striking workers?” Fifty nine percent (59 percent) of companies said “No” with a further sixteen percent (16 percent) “unsure”. Only a quarter of firms (26 percent) said “Yes”, they would take advantage of the proposed legislation.

In line with its election promise, the government has begun making steps to allow businesses to hire agency workers as strikebreakers, with the launch of a public consultation on the topic during the summer. Regulation 7 of the Conduct of Employment Agencies and Employment Businesses Regulations 2003 (Conduct Regulations) currently prohibits employment businesses from supplying temporary staff during industrial action to perform duties normally performed by workers taking part in industrial action or other workers covering for their colleagues taking part. The proposal is to remove this regulation from the Conduct Regulations.

Encore’s research was carried out in October amongst 219 firms in the Industrial, Manufacturing, Driving and Engineering/Technical sectors. Encore provides temporary and permanent staffing solutions from a network of 9 office locations, 21 divisions and 10 On-Site alliances operating nationwide and places in excess of 15,000 temporary staff each month.