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

Housekeeper/Domestic Assistant/Cleaner -Longlands

West Northamptonshire Council
12.90ph
Longlands Care home provides exceptional levels of support in nursing, residential and Dementia care. It is situated in Daventry, and it offers a wonderful living environment in which our residents can enjoy an enhanced quality of life. We have te Daventry
Recuriter: West Northamptonshire Council

Maintenance Operative

North Yorkshire Council
£29,064 - £38,220 pro rata per annum
Are you a Maintenance Operative looking to further develop your skills and experience within a construction/repairs environment? Harrogate, North Yorkshire
Recuriter: North Yorkshire Council

Painter and Decorator

North Yorkshire Council
£29,064 - £34,434 per annum
Are you someone who takes pride in making spaces feel welcoming, safe, and cared for? Harrogate, North Yorkshire
Recuriter: North Yorkshire Council

Joiner

North Yorkshire Council
£29,064 to £38,220 per annum
Are you a skilled Joiner seeking an opportunity to enhance your expertise? Harrogate, North Yorkshire
Recuriter: North Yorkshire Council

Highways Development Management - Principal Engineer

Kirklees Metropolitan Council
£45,091- £47,181
At Kirklees, we are seeking to appoint a motivated, enthusiastic and organised Principal Highways Engineer Kirklees, West Yorkshire
Recuriter: Kirklees Metropolitan Council
Linkedin Banner