The High Court recently overturned regulations allowing the use of agency workers to cover for striking employees, marking a significant shift in labour law. The court found that the government had failed to consult adequately with trade unions when implementing the rules, rendering the regulations unlawful. This decision reinstates the longstanding prohibition on using agency staff during industrial action, strengthening protections for striking workers.

The ruling is seen as a victory for trade unions, which had criticized the regulations as undermining the effectiveness of strikes and diluting workers’ collective bargaining power. For employers, the decision limits their ability to maintain operations during labour disputes, potentially increasing the pressure to resolve conflicts swiftly. The case underscores the importance of thorough consultation and compliance with procedural requirements when introducing significant labour law changes.