Supreme Court Upholds Strike Rights Whilst Government Found Deficient

The Supreme Court ruled in the case of Secretary of State for Business and Trade v Mercer, concerning the suspension of Fiona Mercer, a support worker and Trade Union Rep, after participating in lawful strike action. The Court found that section 146 of the Trade Union and Labour Relations Act didn’t protect workers from non-dismissal detriments during industrial action, deeming it incompatible with Article 11 of the European Convention on Human Rights. The judgment highlighted the need for legislative amendments to align domestic legislation with international human rights standards regarding workers’ rights to engage in lawful industrial action, posing a significant challenge to the government’s recent legislation restricting union rights.

Strike-Breaking Ruled Unlawful, Unfair and Irrational by High Court

The High Court has today ruled that the government repeal of Regulation 7, which prevented agency workers being used to break strikes, is unlawful, unfair and irrational. In a scathing judgment, Mr Justice Linden held that the governments repeal could not stand. The right to strike is a fundamental right and this ruling reinforces the fact that the courts will not stand by and let the government decimate this important freedom.

Workers Rights Under Siege – The Strikes Bill

On the 16th January 2023, in an attempt to further wage its destructive campaign against workers rights and trade union strength, the Government substantively introduced the Strikes (Minimum Service Levels) Bill. The Government has, for many months now, stated they will introduce legislation to curb the impact that trade unions can have through their powerContinue reading “Workers Rights Under Siege – The Strikes Bill”