UK and Irish trade union Unite is threatening legal action against a waste company it claims was searching for agency staff to work during planned industrial action, reports the BBC.

Unite members employed by waste company Suez, in Doncaster, are to stage two five-day strikes in a row over pay. However, the union say Suez is "actively recruiting agency workers to try to break the strike.” Under the Conduct of Employment Agencies and Employment Businesses Regulations 2003 it is illegal to employ someone to perform "the duties normally performed by a worker who is taking part in a strike or other industrial action".

Meanwhile, Suez said it was not responsible for placing an advert for staff which stated it was to cover strike action. The advert posted by recruitment agency Aim Recruit Ltd stated: "This work is to cover industrial action and the workers will need to cross a picket line." According to the Morning Star, Aim stated that the ad had been approved by a junior member of staff.

Furthermore, the Morning Star reports that job adverts for temporary refuse workers were placed with four agencies after general union Unite announced that workers in Doncaster would strike. Leeds-based recruitment firm Ideal Recruit said it had initially placed ads for the jobs as it was “under the impression this was to be a new client for ongoing work” and “certainly did not know” it was to work during a strike. Ideal removed the ads. The two other agencies denied that the ads were related to the strike.

A spokesperson for Suez commented, “A recruitment advert was brought to our attention earlier this week and we can confirm that, following internal investigations, Suez had no involvement in the advert or its placement.”

The Suez spokesperson added that the company respected union members' right to strike but it was not illegal to recruit temporary workers to "to assist in the catch-up following any strike action".