William Eichler Thursday, April 18, 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

Director of Highways, Waste and Environment

North Northamptonshire Council
£97,632 - £108,033 (subject to additional pay award)
North Northamptonshire is a place of scale, ambition and ongoing transformation. Northampton, Northamptonshire
Recuriter: North Northamptonshire Council

Director of Public Health & Leisure

Brent Council
£135,000
Brent is brimming with ambition and opportunity. Brent, London (Greater)
Recuriter: Brent Council

Head of Property & Regeneration

Swansea Council
£88,633 - £100,994
We are seeking to appoint an outstanding and experienced professional Swansea (Abertawe)
Recuriter: Swansea Council

Strategic Director – Adults and Public Health

Ealing London Borough Council
£180k
We are looking for an ambitious, visible and collaborative leader who can help shape the future of adult social care Ealing, London (Greater)
Recuriter: Ealing London Borough Council

Service Directors - Inclusive Education, Family Help and Skills

Shropshire Council
£107k - £112k
Over recent months, we’ve moved from announcing a financial emergency into a period of recovery. Shropshire
Recuriter: Shropshire Council
Linkedin Banner