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THE Supreme Court granted Unison permission yesterday to bring a legal challenge that could provide greater protection for striking workers.
The health union is seeking to overturn a Court of Appeal decision from earlier this year that enables bosses to discipline staff who take lawful industrial action.
Unison is acting on behalf of one of its members, care worker Fiona Mercer, who originally brought a case in 2019 against charity the Alternative Futures Group (AFG).
Unscrupulous employers are prevented from sacking workers involved in strikes or disputes by law, but they are not barred from taking disciplinary action.
Ms Mercer was suspended after being part of a dispute over AFG’s plans to cut payments to care staff working sleep-in shifts. Her case eventually went to an employment appeal tribunal, which found in her favour.
But following an intervention by then business secretary Kwasi Kwarteng, the case went to the Court of Appeal, which reversed the earlier decision.
Unison general secretary Christina McAnea said: “This is a chance to fix a glaring legal loophole.
“Employees only strike as a last resort and shouldn’t face punishment.”
The hearing is expected in the latter half of next year.
