Legal News

Industrial action—restrictions on supplying temps to be repealed; damages cap increased; pay negotiations

Published on: 29 June 2022
Published by: LexisNexis
  • Industrial action—restrictions on supplying temps to be repealed; damages cap increased; pay negotiations
  • What are the implications?
  • What is the relevant background?
  • Damages cap for unlawful industrial action
  • Restrictions on providing agency workers during strikes
  • New regulations
  • BEIS statement
  • Increase to the damages cap for unlawful industrial action
  • Removal of restriction on providing temporary workers
  • Legal opinion commissioned by TUC

Article summary

Employment analysis: (1) The limit on damages that may be awarded against a trade union in any proceedings in tort will be increased for the first time since 1982, with effect from 21 July 2022, by the Liability of Trade Unions in Proceedings in Tort (Increase of Limits on Damages) Order 2022, (2) employment businesses will be permitted to supply temporary workers to employers to perform the work normally carried out by workers on strike, under the Conduct of Employment Agencies and Employment Businesses (Amendment) Regulations 2022, which will repeal regulation 7 of the Conduct of Employment Agencies and Employment Businesses Regulations 2003, and (3) a legal opinion from Michael Ford QC advises that the government has extensive contractual powers to affect how train operators negotiate changes to employees’ terms and conditions. or take a trial to read the full analysis.

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