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

Homelessness Personal Advisor - Leaving & After Care Team

Essex County Council
£33049.0000 - £37698.0000 per annum
Homelessness Personal Advisor - Leaving & After Care TeamFixed Term, Full Time£33,049 to £37,698 per annumLocation
Recuriter: Essex County Council

Social Worker - Adoption Mid Essex

Essex County Council
£36124.0000 - £51834.0000 per annum
Social Worker - Adoption Mid EssexPermanent, Full Time£36,124.00 to £51,834.00 Per Annum Location
Recuriter: Essex County Council

Health and Social Care Trainer - North Essex

Essex County Council
£29468 - £34668 per annum
Health and Social Care Trainer - North EssexPermanent, Part Time£29,468 to £34,668 per annum (full time equivalent) Location
Recuriter: Essex County Council

Senior Practitioner Children, Young People with Disabilities

Essex County Council
£48205.0000 - £57988.0000 per annum
Senior Practitioner - Children and Young People with Disabilities Mid EssexSecondment, Full Time£48,205 to £57,988 Per Annum Location
Recuriter: Essex County Council

Service & Case Support Officer (CDC)

City Of Doncaster Council
£26,403 - £27,255 pro rata
An exciting and unique opportunity has arisen for a permanent part-time member of staff to join the Service & Case Support Team. Doncaster, South Yorkshire
Recuriter: City Of Doncaster Council
Linkedin Banner