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

Area Team Leader - Development Management

Kirklees Metropolitan Council
£51,356 - £53,460
This is an exciting time to join the Kirklees Council Development Management team. Kirklees, West Yorkshire
Recuriter: Kirklees Metropolitan Council

Domestic Abuse Project Officer

Kirklees Metropolitan Council
£45,091- £47,181
There is a renewed energy and determination to tackle domestic abuse Kirklees, West Yorkshire
Recuriter: Kirklees Metropolitan Council

Customer Service Officer

North Yorkshire Council
£27,254 - £29,064 per annum
Are you someone that can use innovative thinking to come up with timely solutions to problems? Selby, North Yorkshire
Recuriter: North Yorkshire Council

Data Specialist

North Yorkshire Council
£42,839 - £47,181
Do you want to build data tools that will underpin intelligence-led decision making and play a key role in shaping the future of analytics North Yorkshire
Recuriter: North Yorkshire Council

Senior Transport Officer-Travel Planning

Derbyshire County Council
Grade 10 £35,422 - £38,730 per annum
We’re looking for an enthusiastic and skilled Senior Transport Officer – Travel Planning to join our Sustainable Travel Team Derbyshire
Recuriter: Derbyshire County Council
Linkedin Banner