UK Supreme Court rules trade union laws breach human rights
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U.K.’s Supreme Court rules Union Law Breaches Workers Right!
The United Kingdom’s Supreme Court ruled on Wednesday in a significant victory for workers’ rights that British trade union law unlawfully fails to protect workers from sanctions short of dismissal for going on strike.
Fiona Mercer, a care worker and trade unionist from the northwest of England, took legal action against her employer after she was suspended in 2019 during planned strike action.
In 2022, the Court of Appeal in London ruled that British trade union law may be incompatible with the European Convention on Human Rights (ECHR) but dismissed Mercer’s case after an intervention by the British government.
But on Wednesday, after a nearly five-year legal battle, Britain’s highest court upheld Mercer’s appeal in a landmark decision on trade union rights.
Mercer said she was “delighted” with the ruling. At the same time, her trade union Unison’s general secretary Christina McAnea called it “a victory for every employee who might one day want to challenge something bad or unfair their employer has done”.
“No one strikes on a whim,” McAnea said, adding: “The government must now close this loophole promptly. It won’t cost any money and isn’t difficult to do.”
A spokesperson for Britain’s Department of Business and Trade, however, was equivocal on whether the law would be amended, saying “The government will consider the judgment carefully before responding”.
The spokesperson added there were evidence workers are “perfectly able to take part in lawful industrial action to defend their interests without being put off by concerns about unfair or unreasonable sanctions imposed by employers”.