Trade Union (Wales) Act 2017

Amendments to the Trade Union and Labour Relations (Consolidation) Act 1992

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Prohibition on using temporary workers to cover industrial action

2

• (1) A devolved Welsh authority may not hire a worker supplied by a person carrying on an employment business to perform—

• (a) duties normally performed by a member of its staff (“S”) while S is taking part in a strike or other industrial action, or

• (b) the duties of any other member of its staff assigned to perform the duties normally performed by S.

• (2) But subsection (1) does not apply if either the strike or other industrial action is unofficial.

• (3) For the purposes of this section a strike or other industrial action is unofficial if it would be regarded as unofficial for the purposes of section 237 of the Trade Union and Labour Relations (Consolidation) Act 1992 (c.52).

• (4) In this section—

• “devolved Welsh authority” (“awdurdod datganoledig Cymreig”) has the same meaning as in section 157A of the Government of Wales Act 2006 (c.32);

• “employment business” (“busnes cyflogaeth”) has the same meaning as in section 13(3) of the Employment Agencies Act 1973 (c. 35).

Coming into force

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The provisions in section 1 and section 2 come into force on whatever day or days the Welsh Ministers appoint by order made by statutory instrument (and this section and section 4 come into force on the day after this Act receives Royal Assent).

Short title

4

The short title of this Act is the Trade Union (Wales) Act 2017.

Prohibition on using temporary workers to cover industrial action

Coming into force

Editorial notes

[^key-2b61d78924b8586b6c4b00d1fdba57bc]: S. 2 in force at 13.9.2017 by S.I. 2017/903, art. 2

[^key-b88f182a9381f1760335f372e768b9e0]: S. 1 omitted (18.2.2026) by virtue of Employment Rights Act 2025 (c. 36), ss. 89(b), 159(2)(s)