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

Business Support Assistant

Essex County Council
Up to £25959.00 per annum
Business Support AssistantFixed Term, Full Time£25,959 Per AnnumLocation
Recuriter: Essex County Council

Digital Development Manager

London Borough of Richmond upon Thames and London Borough of Wandsworth
£51,540 - £62,451 per annum
Job Title
Recuriter: London Borough of Richmond upon Thames and London Borough of Wandsworth

Swimming Teacher

North Yorkshire Council
£16.35 - £17.85 per hour
As a swimming teacher you will work within North Yorkshire Council’s Leisure Services team to plan Richmond, North Yorkshire
Recuriter: North Yorkshire Council

Swimming Teacher

North Yorkshire Council
£31,537 - £34,434 pro rata per annum
As a swimming teacher you will work within North Yorkshire Council’s Leisure Services team to plan North Yorkshire, Stokesley
Recuriter: North Yorkshire Council

Leisure Attendant

North Yorkshire Council
£13.28 - £13.47 per hour
As a Leisure Attendant you will work within North Yorkshire Council’s Leisure Services team to provide support, enhance... Richmond, North Yorkshire
Recuriter: North Yorkshire Council
Linkedin Banner