William Eichler 18 April 2024

Trade union law ‘nullifies’ right to strike, court rules

Trade union law ‘nullifies’ right to strike, court rules image
Image: William Barton / Shutterstock.com.

UNISON has welcomed a landmark Supreme Court ruling that found UK trade union law ‘encourages and legitimises unfair and unreasonable conduct’ by employers.

The public sector union took the Government to court on behalf of care worker Fiona Mercer who was suspended for her role in a dispute with her then employer Alternative Futures Group (AFG).

The dispute was over AFG’s plans to cut payments to care staff who did sleep-in shifts.

Yesterday’s judgement, which followed a two-day hearing in December, found that while UK law offers workers protection from losing their jobs if they go on strike, employers are still able to impose sanctions ‘short of dismissal’.

The court ruled that this ‘nullifies the right to strike, as employees are unable to strike without exposing themselves to detrimental treatment.’

UNISON general secretary Christina McAnea said: ‘This is the most important industrial action case for decades. It’s a victory for every employee who might one day want to challenge something bad or unfair their employer has done.’

Ms Mercer said: ‘I’m delighted at today’s outcome. Although it won’t change the way I was treated, it means irresponsible employers will now think twice before behaving badly towards their unhappy staff. If they single strikers out for ill-treatment, they’ll now be breaking the law.’

A spokesperson for the Department of Business and Trade told the news agency Reuters: ‘the Government will consider the judgment carefully before responding’.

If this article was of interest, then check out, The sleep-in care crisis.

SIGN UP
For your free daily news bulletin
Highways jobs

School Crossing Patrol Officer - Thomas Willingale School

Essex County Council
Up to £13.00 per hour
School Crossing Patrol Officer - Thomas Willingale SchoolPermanent, Term Time£13.00 per hourLocation
Recuriter: Essex County Council

Senior Practitioner - Leaving & Aftercare Team, Mid Essex

Essex County Council
£46574.0000 - £56027.0000 per annum
Senior Practitioner - Leaving & Aftercare Team, Mid EssexPermanent, Full Time£46,574 to £56,027 per annumLocation
Recuriter: Essex County Council

Employability & Skills Adviser - NEET

Essex County Council
£32701.0000 - £38471.0000 per annum
Employability & Skills Adviser - NEETPermanent, Full Time£32,701 to £38,471 per annumLocation
Recuriter: Essex County Council

Customer Services Assistant

Essex County Council
Up to £25081.00 per annum
Customer Services AssistantPermanent, Part Time - 18.5 hours £25,081 per annum (FTE)Location
Recuriter: Essex County Council

School Crossing Patrol Officer - Bishops' CE & RC School

Essex County Council
Up to £13.00 per hour
School Crossing Patrol Officer - Bishops' CE and RC Primary SchoolPermanent, Term Time£13.00 per hourLocation
Recuriter: Essex County Council
Linkedin Banner