Union gets green light for Supreme Court challenge

UNISON is set to challenge a Court of Appeal decision that legitimises employers disciplining staff who take lawful industrial action. The public services union has received the go ahead to challenge the judgment, which was made in March (see Fact Service issue 14 and previous issues).

The case stretches back to 2019, when care worker Fiona Mercer first brought a case against Alternative Futures Group (AFG), when she was suspended after being part of a dispute over its plans to cut payments to care staff working sleep-in shifts.

Her case went to an employment appeal tribunal (EAT), which found in her favour and also suggested the UK wasn’t complying with international law. She was supported by UNISON, her union.

However, earlier this year, the then business secretary, Kwasi Kwarteng, intervened as the case went to the Court of Appeal, which then unexpectedly reversed the EAT decision.

“This is a chance to fix a glaring legal loophole,” UNISON general secretary Christina McAnea said, announcing the launch of the union’s latest challenge in the case, which it expects to be heard in the second half of next year.

https://www.unison.org.uk/news/2022/11/supreme-court-hearing-to-decide-strike-protection-says-unison

https://www.bailii.org/ew/cases/EWCA/Civ/2022/379.html