Free to strike: how one UNISON member helped to change the law

In 2019, care worker Fiona Mercer went to employment tribunal to fight against suspension, by her employer, for taking part in industrial action. She had no idea that her struggle – backed by UNISON – would lead to a legal case that went all the way to the Supreme Court and then vital new legislation that offers protection for all workers.

In the case, Secretary of State for Business and Trade v Mercer, judges said UK law was incompatible with Article 11 of the European Convention of Human Rights, and that workers must not suffer ‘detriment’ for taking part in industrial action. This change was subsequently introduced in the Employment Rights Act.

On the new protection finally entering workplaces, Fiona commented:

This now being law is huge. The number of people who have been through the same as me, and not been able to do anything about it, or been too scared to do anything. Now everyone is protected, and I think that’s just amazing.

Workers can go on strike, they can fight for more pay, for whatever they want, and know that they’re safe, they’re protected. That’s all we want.

I used to think I haven’t done anything really, I just turned up. I fought because it was the right thing to do. But it does make me proud. I just feel ‘wow’, look what I’ve done, because I stood up for myself.

You can read more about Fiona Mercer’s case here