The UK Supreme Court has determined that employers cannot discipline employees for engaging in legal strike action, following a case brought by UNISON on behalf of care worker Fiona Mercer. This decision mandates government action to modify existing legislation to ensure fair treatment for employees.
UNISON took the issue to the Supreme Court to challenge a Court of Appeal decision that it said left striking workers unprotected and the UK in violation of international law.
Christina McAnea, UNISON’s general secretary, remarked on the ruling: “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.”
Fiona Mercer, directly affected by the previous lack of protection, stated: “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.”