NHS Professionals

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Can I use NHS Professionals to supply staff to cover taking industrial action?

Where strike action is official, Regulation 7 of the Conduct of Employment Agencies and Employment Businesses Regulations 2003 prevents an employer from hiring a temporary worker to perform the duties normally performed by an employee who is taking part in industrial action.  An employment business, which in this case would be NHS Professionals,  supplying workers in these circumstances will be committing a criminal offence, and the employer, i.e the NHS organisation, could be found to be aiding and abetting that offence. 

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