UK trade union law breaches workers’ rights and “encourages and legitimises unfair and unreasonable conduct by employers”, the Supreme Court has ruled.
Ms Mercer previously took legal action against the Alternative Futures Group, a charity providing a range of care services across north-west England, after she was suspended in 2019. Lady Simler, whose ruling was supported by four other justices, said: “In my judgment the right of an employer to impose any sanction at all short of dismissal for participation in lawful industrial action nullifies the right to take lawful strike action.
The judge added that the legislation at the heart of the case “both encourages and legitimises unfair and unreasonable conduct by employers”. “It’s a victory for every employee who might one day want to challenge something bad or unfair their employer has done.
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