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Home / News and Insights / Press / UK trade union law breaches workers’ rights, Supreme Court finds

In a victory for workers’ rights, the Supreme Court ruled on Wednesday 17 April 2024 that the British trade union law unlawfully fails to protect workers from penalties short of dismissal for going on strike. Care-worker and trade unionist from the northwest of England, Fiona Mercer, took legal action against her after being suspended in a 2019 during planned strike action.

In an article for the Financial Times, partner Nicholas le Riche comments on the decision, which will be welcomed by trade union members:

‘This will have particular impact at the moment given that industrial action is at its highest point for more than 30 years. However, this protection won’t be immediate as the Supreme Court didn’t believe it was possible to interpret s.146 in a way that was compatible with Article 11. It will therefore be for the Government to introduce legislation to correct the position, which in reality will mean that any changes in the short-term will depend on whether Labour wins the next election.’

Subscribers can read the full article on the Financial Times website.

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