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

Transport and Major Work Manager

Slough Borough Council
£54,556 to £60,085 per year Inclusive of Local Weighting Allowance of £1096
Drive the future of transport and infrastructure in Slough Slough, Berkshire
Recuriter: Slough Borough Council

Assessment, Payment and Monitoring Officer x3

Wakefield Council
Grade 6 SCP 12 £28,598 - SCP 18 £31,537
A high level of accuracy and numeracy, with excellent written, oral communication, negotiation & persuasion skills are required Wakefield, West Yorkshire
Recuriter: Wakefield Council

Support Worker

Wakefield Council
G6 SCP 12 £28,598 - SCP 18 £31,537
Are you passionate about making a difference to our citizens and the district that they reside in? Wakefield, West Yorkshire
Recuriter: Wakefield Council

Support Worker

Wakefield Council
Grade 6 SCP 12 £16,617.76 - SCP 18 £18,325.55 (pro rata)
Are you passionate about making a difference to our citizens and the district that they reside in? Wakefield, West Yorkshire
Recuriter: Wakefield Council

PLC Teacher

North Yorkshire Council
£34.434 - £37,280 per annum
Are you passionate about making a difference in the lives of young people with additional needs? Northallerton, North Yorkshire
Recuriter: North Yorkshire Council
Linkedin Banner