This case presents an opportunity to close a loophole that allows rogue employers to mistreat staff taking part in legal strike action and could define the future of workers’ rights to strike.
The applicant had been part of a dispute over the employer’s plans to cut payments to care staff working sleep-in shifts. As a result, the applicant was suspended and prevented from attending work or contacting her colleagues during a period of strike action.
The Employment Tribunal initially found in favour of the employer, however, on appeal, the employment appeal tribunal (EAT) reversed the decision and stated that the applicant should not be treated unfairly for having taken part in industrial action. The EAT also amended UK law, creating a new protection for striking workers, to comply with international law.
The then Secretary of State for Business Kwasi Kwarteng decided to take the case to the Court of Appeal which unfortunately reversed the EAT decision.
With the support of UNISON, the case is now being heard by the Supreme Court.
The judgment is expected in early 2024.
Please find the judgement of the Court of Appeal in the document section below.
For further details on the case, see here.