"Supreme Court judgment stops bad bosses from punishing striking workers"

"UNISON’s legal case makes clear employers must not discipline staff for striking"

JG This is great news for all trade unionists and civil liberties. This morning I was at a meeting of the UNISON NEC in our head office in London. Our General Secretary, Christina McAnea had just started her report to us when she announced she had just been handed a note about this mornings Supreme Court Judgement. Well done to Community member, Fiona Mercer (centre) as well as the UNISON members, staff and legal officers who had spent the last 5 years fighting this injustice. 

"Judges have told employers they’ll no longer be able to discipline their staff for taking part in legal strike action in a UK Supreme Court ruling today (Wednesday), says UNISON.

The union, which took the case on behalf of care worker Fiona Mercer, says the government must now act quickly to change the law and ensure no other employees are treated unfairly.

Today’s judgment follows a two-day hearing in December. UNISON took the case to the Supreme Court to overturn an earlier Court of Appeal decision. The union had argued this had left the UK in breach of international law and striking employees without proper protection.

The Supreme Court judges were scathing of the government’s failure to provide the minimum protection UK workers should have been granted, says UNISON.

UK law prevents employers from sacking employees who take legal strike action, but until today, it offered no protection to anyone subsequently picked upon for walking out in a dispute.

Fiona had originally taken a case against her then employer, Alternative Futures Group (AFG), a charity based in the north west of England, to an employment tribunal in 2020.

She had been involved in a dispute over AFG’s plans to cut payments to care staff who did sleep-in shifts. Fiona’s employer wasn’t happy, singled her out, suspended her and barred her from going into work or contacting colleagues during the action.

Fiona’s case wound up at an employment appeal tribunal (EAT) in 2021, which found in her favour. It said UK law must protect her from being victimised for going on strike.

That should have been it, says UNISON, as the charity had then decided it wasn’t prepared to proceed any further.

But the then business secretary Kwasi Kwarteng intervened and took the case to the Court of Appeal, which subsequently decided to reverse the EAT decision in March 2022.

Back to where it started, UNISON sought permission on behalf of Fiona to take the case to the highest court in the land, and this led to the judgment handed down today.

UNISON general secretary Christina McAnea said: “This is the most important industrial action case for decades. It’s a victory for every employee who might one day want to challenge something bad or unfair their employer has done.

“Rogue bosses won’t like it one bit. They’ll no longer be able to punish or ill-treat anyone who dares to take strike action to try to solve any problems at work.

“No one strikes on a whim. There are many legal hoops to be jumped through first. But when a worker decides to walk out, they should be able to do so, safe in the knowledge they won’t be victimised by a spiteful boss.

“The government must now close this loophole promptly. It won’t cost any money and isn’t difficult to do. Today is a day to celebrate.”

Fiona Mercer said: “I’m delighted at today’s outcome. Although it won’t change the way I was treated, it means irresponsible employers will now think twice before behaving badly towards their unhappy staff. If they single strikers out for ill-treatment, they’ll now be breaking the law.”

Tory Wipe out Poll (don't believe it)

 

While I want to believe that this poll is accurate I do not believe it "until it happens". We are are still very, very vulnerable to Tory division and lies. The Tories are the most ruthless and successful election machine in Western Europe. Never forget this.

I also had a rather depressing experience today at a trade union meeting, where the ultra left spent all their time slagging off Labour and not the Tories. They obviously want another 5 years (and longer) of Tory rule, since they believe it will bring about "the revolution". Yeah. 

Labour is not perfect and I have never personally agreed with every one of their policies or statements. But the choice (in the main UK elections) is really about either the Tories or Labour. Full Stop.

The Ultra left would rather have the Tories in power than Labour to keep themselves "ideologically pure". They do not give a damn about working class people. 

I am off with "West Hammers on Tour" tomorrow to support the Labour Candidate for Wellingborough, Gen Kitchen. Fingers crossed. 

Labour New Deal for Working People National Campaign Weekend 3/4 Feb 2024

 If you want to get rid of the tories sign up here https://labourunions.org.uk/newdealweekend/

Size of NHS waiting list under Tories and Labour

 this is why we need a Labour government! - hat tip @JoelBodmer

Cllr surgery then having proper conversations with residents in Plaistow North

 

This morning I had my West Ham ward Councillor surgery in Vicarage Lane Community centre then I went off to canvass for Labour in the by election due to take place on Thursday 23 November. I was in a group with our fantastic local candidate, Aktharul Alam. 

There was a few difficult conversations but the majority of discussions I had was with residents, who want to send a national message in this by election, that this dreadful Tory Government must go. 

I saw the largest Conservative canvass team in Newham in a decade, out there today and no sign again of any other party campaigning, so it appears this is going to be a fight between Labour and Tories. 

Promoted by Luke Place on behalf of J.Gray, Newham Labour Group, St Luke’s Community Centre, E16 1HS.

Are you worse off after 13 years of Tories in charge?

"Inflation is still running higher than wages.  Prices are still going up, and working people are struggling to pay bills and keep families fed. Are you worse off after 13 years of Tories in charge? Use our #CostOfLiving calculator https://costofliving.unison.org.uk/cost-of-living/

Happy 75th anniversary of the NHS

 Never forget that the Tories voted against the NHS in 1948 and the principle of free health care at the point of need. They simply cannot be trusted with it and we need a Labour Government in power to save the NHS and make it even more effective.  

No one voted for this.

Well said. Johnson withdrew probably because the economy is in such a mess and Truss is well gone but let no one forget that while Rishi is thankfully competent, he is a right wing rich posh boy. 

We need a General Election now but since Turkeys do not vote for Christmas then it seems very unlikely any time soon. But after recent political events who knows...

Labour Party Conference 2022: Day 3 Tuesday

 

I have just realised that I still have 2 more days to post on this year's Labour Conference. So Tuesday started off with another short run along the Mersey and back from my hotel. Weather was kind compared to Monday. The UNISON delegation started with a "huddle" on the day's business just before the start of conference. 

NHS Mental health Nurse and UNISON delegate, Gordon McKay gave a marvellous and passionate speech on the Health debate. 

As posted here I spoke on the Climate change/environment debate on behalf of UNISON but by coincidence, Newham Labour member Ken Penton moved the motion  while his colleague Luke Chartist (also a PPC) spoke. At the same time James Asser was on the NEC panel. 

There was many good conference debates and Keir's speech went down so, so well. We are starting to believe we can win at the next General Election and he will be our Prime Minister. The Tories, of course, were helping by doing every single thing possible to make our conference successful with their ridiculous unfunded tax cuts which sent the pound plummeting and raised interest rates.

After conference finished I went to the UNISON reception, were our deputy leader, Angela Rayner (UNISON's own of course) came to see us and gave a great speech followed by Keir who also spoke very well and stayed chatting to delegates and enjoying the event far longer than his aides had wanted.

Only one more (half) day to go. 

Liz Truss' Record

Hat tip TUC. Nuf said

Liz is our leader

 

Weird day. Glad Boris is gone but what on earth will Truss be like? Love this tweet by sacked Tory Ministers wife about their new leader. Hope it is not fake :-)

Felicity Cornelius-Mercer

@mercer_felicity

He asked her ‘why would you do this, who is going to be better at this role than me, which of your mates gets the job, you promised a meritocracy?’ PM - I can’t answer that Johnny This system stinks & treats people appallingly Best person I know sacked by an imbecile

@trussliz

Chesham & Little Missenden walk & history

 

A fantastic collage from last Sunday's 9 miles walk with Gill around Chesham and Little Missenden in the Chilterns. 

I want to concentrate on this blog more on the history and politics of the places we visit, rather than the beautiful scenery, which I can post photos on Facebook. 

The highlight of the walk was stopping off for a Cream Tea at the 1000 year old Church of John the Baptist in Little Missenden. The vicar gave us a guided tour of the marvellous medieval wall paintings in the church which had been covered up by the puritans. 

There was also a fascinating plaque in the church, remembering money left by the wealthy in the 18th century, to pay for a loaf of bread every Sunday to the 6 oldest parishioners who attended that service. 

Hopefully, noone will tell Liz Truss or Rishi Sunak about this traditional tory approach to poverty or it will give them ideas...

"Do I have confidence in this Tory Gov't? Hell, no. We need a general election".

 

West Ham MP Lyn Brown "tells it as it is" - at House of Commons during recent "No confidence" debate. 

Rishi Sunak's resignation letter

 

Rishi Sunak's resignation letter

Dear Prime Minister,

It is with deep sadness that I am writing to you to resign from the Government.

It has been an enormous privilege to serve our country as Chancellor of the Exchequer and I will always be proud of how during the pandemic we protected people's jobs and businesses through actions such as furlough.

To leave ministerial office is a serious matter at any time. For me to step down as Chancellor while the world is suffering the economic consequences of the pandemic, the war in Ukraine and other serious challenges is a decision that I have not taken lightly.

However, the public rightly expect government to be conducted properly, competently and seriously. I recognise this may be my last ministerial job, but I believe these standards are worth fighting for and that is why I am resigning.

I have been loyal to you. I backed you to become Leader of our Party and encouraged others to do so. I have served as your Chancellor with gratitude that you entrusted me with stewardship of the nation's economy and finances. Above all, I have respected the powerful mandate given to you by the British people in 2019 and how under your leadership we broke the Brexit deadlock.

That is why I have always tried to compromise in order to deliver the things you want to achieve. On those occasions where I disagreed with you privately, I have supported you publicly. That is the nature of the collective government upon which our system relies and it is particularly important that the Prime Minister and Chancellor remain united in hard times such as those we are experiencing today.

Our country is facing immense challenges. We both want a low-tax, high-growth economy, and world class public services, but this can only be responsibly delivered if we are prepared to work hard, make sacrifices and take difficult decisions.

I firmly believe the public are ready to hear that truth. Our people know that if something is too good to be true then it's not true. They need to know that whilst there is a path to a better future, it is not an easy one. In preparation for our proposed joint speech on the economy next week, it has become clear to me that our approaches are fundamentally too different.

I am sad to be leaving Government but I have reluctantly come to the conclusion that we cannot continue like this.

Kind regards,

Rishi Sunak

https://www.bbc.co.uk/news/uk-politics-62058236. Hat tip picture. Hopefully this is it and this is the end of Boris (and this Tory Government)

How to hit the Tories in the Ballot Box

 

Great post by UNISON General Secretary Christina McAnea

"Political leaders of all parties will be watching nervously to see how well their candidates do in this week’s local elections.

Results often show how happy or unhappy people are with their local politicians and the local services they’re getting. But it’s also a big reflection on how satisfied voters are with national party leaders.

For Boris Johnson, this Thursday will be a referendum on his time in office as prime minister and could trigger a leadership challenge.

Reports suggest he could lose as many as 550 council seats – which would be the Tories’ worst local election results since the 1990s.

Voting for a party endorses their actions and policies, and quite rightly, many voters won’t stand by them after the ‘partygate’ scandal and as the cost of living crisis continues.

When you use your vote, remember you’re voting for the politicians you want in charge of your local area, for the future of the services you rely on every day, and for the sort of society you want for yourself, your family, and friends.

Political decisions made in council chambers will affect the services available for vulnerable children, elderly relatives, families in need, and how well kept your local libraries, swimming pools, parks, and streets are.

Workers delivering these services do a great job for our communities. I know this because many of them are our UNISON members, but direction and budgets are set by the politicians.

These elections are so important because UNISON members use services – just like the rest of the public – but they also deliver them. After a decade of cuts to local authorities, our members know the challenges faced by councils.

When you use your vote, remember you’re also sending a message to those at the very top. If the cost of living crisis and ‘partygate’ aren’t enough for you, then just take a look at this morning’s news – the prime minister is planning for housing association tenants to buy their homes at a discount.

The legacy of the Thatcher government policy on right to buy depleted housing stock, while abolition of right to buy in Scotland and Wales has meant public authorities have been better able to meet local housing need.

His new plans will surely only fuel the housing crisis with fewer homes available at social rent.

Many of you are already out campaigning for the Labour Party to win council seats in England, Scotland, and Wales, but there are also elections in the Northern Ireland legislative assembly.

No matter where you are, you can vote against the Tories. Hit them in the ballot box with a clear message that we don’t trust them to run this country, we don’t trust them with our public services, and they have themselves to blame for the cost of living crisis".

Corporation Street, West Ham doorstep Surgery: Boris, Planning, Cats & Parrot

Interesting morning carrying out a doorstep surgery in Corporation Street, West Ham, E15. This is reputed to be the longest residential street in Newham. The four of us managed to cover around half of the properties. 

I had a conversation with a lifelong Tory supporter, who was so disgusted with Boris Johnson over Downing Street Covid parties that he will be voting Labour for the first time ever. It is rare that residents mention national politics but it would appear that Boris is currently haemorrhaging traditional support for the Tories. 

We had picked Corporation Street in part because there is a planning committee meeting later this month to consider an application to build a new 6th form school and housing at the next door site of the old Ford car showrooms https://pa.newham.gov.uk/online-applications/applicationDetails.do?activeTab=summary&keyVal=R5I67TJY5NA00 alongside. Residents can make comments by 26 February. We wanted to ask residents what they thought of the development. This is by far the biggest redevelopment plan in the ward. 

Most residents we spoke to about the proposal were in favour of something being done with the site after many years of remaining empty but had concerns about the proposed height of development and noise during construction. I mentioned my concerns about the proposed lack of social housing at the site and residents shared this concern. 

There were two delightful friendly kittens to be fussed over (but seemed far too young to be out in the street but their owner assured us they were well looked after) while another, more elderly black and white cat, simply turned his or her head away from me when I said "hello". 

The parrot in the collage was not real but a garden ornament. 

For a change, I had no Councillor case work, I made 20 contacts, with no-one declaring themselves against and only a few "undecided" but all of us found it was overwhelmingly a pro Labour surgery and people seemed  pretty content with the Council. 

West Ham Ward doorstep 15.1.22 (Yes, they all hate Boris)

This afternoon we were out "on the knocker" with our local MP Lyn Brown (and Cara - the Labour attack dog). 

We had 98 contacts, who were not only overwhelmingly Labour but I can honestly report that I have never heard so much anti-tory comments in a canvass (over the abuse of Covid rules by Downing Street staff) in any previous  doorstep. 

Residents were genuinely angry and one was demanding that Lyn as his MP should sack Boris Johnson as Prime Minister. I had to point out that this was no doubt her wish but she could not do this if the majority of  MPs in Parliament (Tories) did not support her and her Labour colleagues.

I do not underestimate Boris for a minute, and he will not go until he is pushed but I think there is a good chance he will be toast. This doesn't mean that anyone else who follows him will be any better but it is hard to think they could be worse. 

There again I could be somewhat naïve... 

 

"Trade unions are more vital than ever - so why is the government attacking them?"

Hat tip Frances O'Grady - TUC General Secretary "PoliticsHome"

"As 2022 begins, a pandemic is raging, nearly a million workers are on zero-hours contracts, two million workers have no right to sick pay and five million earn less than the real living wage. And yet the business secretary, Kwasi Kwarteng, is making imposing new red tape on unions his workplace priority – and quietly tabling new anti-union legislation in Parliament.

The proposals would impose a levy on trade unions and allow five-figure fines for breaching complex trade union laws.

That’s money from the pockets of care workers, nurses and supermarket staff.

All the while, union members are on the frontline line of the coronavirus pandemic, working in schools, hospitals, shops, in public transport and in the services we all rely on.

Millions have turned to unions to protect their jobs, defend their rights and keep their workplaces safe.

Their unions have worked hard to support them in turn. But now valuable union time and money will be diverted, as unions are forced to jump through yet more hoops.

Now is the time to be working with unions, not undermining them

Let’s be frank. These reforms are based on ideology rather than being about solving the problems working people face.

Political parties don't pay a levy for the Electoral Commission. Charities don't fund the Charity Commission. Yet unions face a whopping seven-figure bill to pay for their regulator, the Certification Officer.

The government's own figures show that this levy will send dozens of unions into the red. And there is little to stop the Certification Officer hiking the levy year after year. Ministers have even dropped a promised review clause aimed at protecting unions from over-zealous regulation.

Then there are the huge financial penalties which could hit unions – fines of up to £20,000 for statutory breaches – which address a problem that doesn’t exist.

In the last financial year, the Certification Officer dealt with just 34 complaints. That's just one for every 200,000 union members. And not one of these resulted in an enforcement order requiring a union to take action.

That’s because unions are accountable to their members through their democratic structures and have a strong track record of complying with their legal duties.

What’s more, these changes would allow non-members to make complaints to the Certification Officer about trade unions. It doesn’t take much imagination to see the work of unions being hindered by vexatious complaints from hostile employers or campaign groups, particularly during legitimate industrial disputes.

The curious timing of these measures is underlined by the fact that this legislation is a relic of another age. Ministers at the Department for Business, Energy and Industrial Strategy have dusted off long-forgotten measures from the Cameron government’s 2016 Trade Union Act that were not enacted.

It begs the question – why now? This isn’t the case of simply tying up loose ends. If it was, ministers would have dealt with another outstanding issue from the Trade Union Act 2016: boosting union members’ democratic participation by trialling safe and secure electronic balloting for more union votes, such as the election of general secretaries.

It is telling of the government’s real concerns that they can spend valuable parliamentary time on new anti-union rules.

But the long-promised employment bill, intended to tackle insecure work and promote flexible working in the wake of Brexit, is still nowhere to be seen.

It’s time this government got its priorities right. 

Now is the time to be working with unions, not undermining them. Around the world – from New Zealand to the US – governments are recognising the power of collective bargaining.

Next year, Parliament will debate and vote on these explicitly anti-union proposals. When that moment comes, MPs and peers should reject them wholesale – and instead join with unions and their members in delivering better pay and conditions for working people in every corner of the country".

 

Conservative Party Conference 2021 Schedule

 

Under the Tories everything's been cut. Except waiting times. Your vote can save the NHS

#YourVoteCan