UK supermarket chain Asda could face legal action from workers union GMB should it replace on-strike company workers with agency temps. However, the Wal-Mart subsidiary has denied intentions to do so.

Go deeper with GlobalData

Data Insights

The gold standard of business intelligence.

Find out more


Strike action could follow a national ballot on 21 June over Asda’s decision not to recognise negotiating rights at nine of its 24 distribution depots.


The GMB has told just-food that the retailer might be recruiting from agencies in case of possible action to break up the strike, which would breach the Employment Agency Act 2003 regulations.


A GMB spokesperson said: “We are being told that Asda is already putting in place agency staff for a situation where workers go on strike, it would be illegal for Asda to entice agencies to do this should the strike go through.


“If they are going to break law, we are not going to stand by and let them do this.”

How well do you really know your competitors?

Access the most comprehensive Company Profiles on the market, powered by GlobalData. Save hours of research. Gain competitive edge.

Company Profile – free sample

Thank you!

Your download email will arrive shortly

Not ready to buy yet? Download a free sample

We are confident about the unique quality of our Company Profiles. However, we want you to make the most beneficial decision for your business, so we offer a free sample that you can download by submitting the below form

By GlobalData
Visit our Privacy Policy for more information about our services, how we may use, process and share your personal data, including information of your rights in respect of your personal data and how you can unsubscribe from future marketing communications. Our services are intended for corporate subscribers and you warrant that the email address submitted is your corporate email address.

The legal threat, which Asda describes as a “red herring” in the ongoing dispute, has been dismissed by the UK’s second biggest retailer who said there is “no truth” in the theory it is bringing in agency staff to potentially break up strike action.


Instead, a company spokesperson said that agency staff have been brought in for different instances, such as high beer sales during the world cup and for holiday cover.


Asda anticipates that strike action, should it pass the ballot, could start by the 29 June at the earliest – but hopes it can be avoided altogether. 


A company spokesperson told just-food: “We believe there is a good deal on the table and if a particular depot wants collective bargaining this could happen, because there is a process in place to get it if you want it.”