Breaking News- The Government has suffered a major defeat as the High Court rules that its “strike-breaking” agency worker regulations are unlawful.
The High Court handed down the judgment in the judicial review of the Conduct of Employment Agencies and Employment Businesses (Amendment) Regulations 2022 (the 2022 Regulations) that repealed regulation 7.
The judge found against the government on ground 1 that the Secretary of State did not comply with the statutory duty to consult in Section 12 of the Employment Agencies Act 1973 and as such quashed the regulations. The judgment does not make a finding on ground 2, whether the change was incompatible with our ongoing obligations under Article 11 of the ECHR.
The judgment does not provide details of how / when the quashing will take effect.
I can confirm that the judge has made an Order, which states the following:
“A declaration be made that the Conduct of Employment Agencies and Employment Businesses (Amendment) Regulations 2022 (SI 2022/852) are unlawful.”
“The Conduct of Employment Agencies and Employment Businesses (Amendment) Regulations (SI 2022/852) will be quashed with effect from 10 August 2023. As from that date, but not before, the prohibition contained in regulation 7 of the Conduct of Employment Agencies and Employment Businesses Regulations 2003 (SI 2003/3319) will apply.“
If you have any concerns and queries about the judgement and how it may affect you and your clients, then put them to us and we will consult the Department of Business and Trade on your behalf.
Simon Bliss
Chair@TEAM
