The recent Postal workers strikes are hopefully over - at least until after Christmas! What the strikes did highlight was the danger of bringing in agency workers to cover for striking staff. Most employers will be unaware that this could breach employment regulations and result in a heavy fines. The Conduct of Employment Agencies and Employment Businesses Regulations 2003 provide that an employment business must not introduce or supply a worker to a hirer to perform duties performed by a striking worker. This was a provision brought in by the labour Government with little or no fanfare and it really does hamstring employers fighting off strike action whilst trying to keep the business going. These rules make it more difficult to counter-attack against strikers by bringing temps into the workforce. Temp agencies themselves are in the legal firing line however if the employer recruited and employed extra staff itself, without involving an agency, it may be that the Regulations would not apply. But this is a tricky area of the law, which has not been subject to extensive judicial interpretation, and the penalties for breach are severe.