Supreme Court hearing to decide strike protection, says UNISON

The Supreme Court has granted permission for UNISON to bring a legal challenge that could provide greater protection for striking workers, says the union today (Monday). UNISON is seeking to overturn a Court of Appeal decision from earlier this year that enables employers to discipline staff who take lawful industrial action. The union is acting on behalf of care worker and UNISON member Fiona Mercer, who originally brought a case in 2019 against the Alternative Futures Group (AFG), a charity in the north west of England. While UK law prevents employers from sacking workers involved in strikes or other workplace disputes, it does not stop unscrupulous employers from taking disciplinary action or generally making life difficult, says the union. Fiona had been part of a dispute over AFG’s plans to cut payments to care staff working sleep-in shifts. As a result, she was suspended and prevented from attending work by the charity. Her case against AFG eventually went to an employment appeal tribunal (EAT). That found in her favour and said she should not be treated unfairly for having taken part in industrial action. The tribunal also decided that the UK wasn’t complying with international law. However, the then business secretary Kwasi Kwarteng intervened when the case went to the Court of Appeal, which then reversed the EAT decision. This means bad employers now have little to stop them mistreating workers who strike, says UNISON. UNISON general secretary Christina McA...
Source: UNISON Health care news - Category: UK Health Authors: Tags: News Press release Fiona Mercer Strike Action supreme court Source Type: news