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.

Half a century in the chamber image

Half a century in the chamber

Cllr Dr James Walsh was elected to Arun District Council in 1975. Here he tells LocalGov what he's learned about trust, transformation and keeping it local.
SIGN UP
For your free daily news bulletin
Highways jobs

Graduate (Highways)

Derbyshire County Council
£29,719 - £31,691
Start your career with Derbyshire Highways Derbyshire
Recuriter: Derbyshire County Council

Prison Senior Social Worker and/or AMHP

Wakefield Council
£42,839 - £50,269
Wakefield has 2 prisons within its borders, HMP Wakefield and HMP/YOI New Hall. Wakefield, West Yorkshire
Recuriter: Wakefield Council

Political Assistant

Durham County Council
Grade 7 £30,024 - £33,699 pro rata (pay award pending)
We are seeking a highly motivated and politically astute Political Assistant to support the Liberal Democrat Group within Durham County Council.  This Durham
Recuriter: Durham County Council

Health & Safety Advisor

Wakefield Council
£39,152- £41,771
Wakefield Council’s Health & Safety Team now have an exciting opportunity for Health & Safety Adviser to join our service. Wakefield, West Yorkshire
Recuriter: Wakefield Council

Principal Ecologist

Essex County Council
£48530.0000 - £57095.0000 per annum
Principal EcologistPermanent, Full TimeSalary up to £57,095 per annum + benefits and local gov pension Location
Recuriter: Essex County Council
Linkedin Banner