UNISON given go-ahead to join judicial review of government inaction over Windrush

UNISON has been given the go-ahead to join a legal challenge of former home secretary Suella Braverman’s decision to renege on three key recommendations made by the Windrush scandal inquiry.

In December, a High Court judge granted a private individual, Trevor Donald, permission to lodge a judicial review of Ms Braverman’s actions, in a hearing that is likely be heard some time between March and May this year.

At the same time, both UNISON and civil rights group the Black Equity Organisation (BEO) were granted permission to ‘intervene’, or join the case. Each will be able to give evidence and argue their position when the matter comes to court.

UNISON general secretary Christina McAnea said today: “This is a landmark case to tackle a dreadful injustice caused by this grim period of recent history. Hundreds of lives and relationships have been torn apart by this government’s cruel and catastrophic decisions.

“Prior to and since the Windrush scandal broke, UNISON has worked actively to represent people who have been similarly affected by the “hostile environment”, through no fault of their own. It’s important for the union to be part of this case, to ensure all those affected have the best chance to rebuild what they’ve lost.”

The Windrush scandal came to light in 2018, when it was revealed that members of the Windrush generation were being declared “immigration offenders” and denied access to public services, housing and jobs. At least 83 people were wrongly deported despite having the right to live and work in the UK.

‘Ignorance and thoughtlessness’

Led by Wendy Williams, the inquiry published its findings, the Windrush Lessons Learned Review, in March 2020. It concluded that the Home Office had shown “ignorance and thoughtlessness” on race throughout the scandal, that immigration regulations were tightened “with complete disregard for the Windrush generation” and officials had made “irrational” demands for multiple documents to establish residency rights.

Ms Williams made 30 recommendations to avoid a repeat of the scandal, and the then-home secretary Priti Patel confirmed an action plan to implement them. Key among these was a commitment to create the post of a migrants’ commissioner, who would be responsible for speaking up for migrants and identifying systemic problems within the UK immigration system.

However, in January 2023 the new home secretary, Ms Braverman, decided to abandon the commitment to the commissioner role alongside the commitment to strengthen the powers of the immigration watchdog and to run reconciliation events with Windrush families.

UNISON litigation

UNISON launched its litigation in June 2023, during the Year of the Black Worker. The union believes that both the migrants’ commissioner and a strengthened watchdog would help to protect against a future ‘Windrush scandal’, allowing for greater protections for migrant workers and act as a break on yet more inhumane policies towards refugees.

The claimant in the judicial review, Mr Donald, is a member of the Windrush generation who arrived in the UK in 1967, aged 12, and was granted indefinite leave to remain in 1971.

Yet, when he visited Jamaica in 2010, to attend his mother’s funeral, he was prevented from returning to the UK and, effectively, exiled for nine years – until the scandal of which he was one of many victims finally came to light.

UNISON’s application to the High Court was supported by evidence  from UNISON member Michael Braithwaite, a London teaching assistant, working in particular with children with special educational needs, who lost his job due to the Windrush scandal, “a total nightmare that destroyed my life.”

When he learned of Ms Braverman’s reversal of the government commitment, Mr Braithwaite’s view was that, “It felt like we were being treated as if we didn’t matter again, as if no one really cared about what had happened… What scares me is that the hostile environment is still with us.”

Surviving the Windrush scandal

 

The article UNISON given go-ahead to join judicial review of government inaction over Windrush first appeared on the UNISON National site.

UNISON given go-ahead to join judicial review of government inaction over Windrush

UNISON has been given the go-ahead to join a legal challenge of former home secretary Suella Braverman’s decision to renege on three key recommendations made by the Windrush scandal inquiry.

In December, a High Court judge granted a private individual, Trevor Donald, permission to lodge a judicial review of Ms Braverman’s actions, in a hearing that is likely be heard some time between March and May this year.

At the same time, both UNISON and civil rights group the Black Equity Organisation (BEO) were granted permission to ‘intervene’, or join the case. Each will be able to give evidence and argue their position when the matter comes to court.

UNISON general secretary Christina McAnea said today: “This is a landmark case to tackle a dreadful injustice caused by this grim period of recent history. Hundreds of lives and relationships have been torn apart by this government’s cruel and catastrophic decisions.

“Prior to and since the Windrush scandal broke, UNISON has worked actively to represent people who have been similarly affected by the “hostile environment”, through no fault of their own. It’s important for the union to be part of this case, to ensure all those affected have the best chance to rebuild what they’ve lost.”

The Windrush scandal came to light in 2018, when it was revealed that members of the Windrush generation were being declared “immigration offenders” and denied access to public services, housing and jobs. At least 83 people were wrongly deported despite having the right to live and work in the UK.

‘Ignorance and thoughtlessness’

Led by Wendy Williams, the inquiry published its findings, the Windrush Lessons Learned Review, in March 2020. It concluded that the Home Office had shown “ignorance and thoughtlessness” on race throughout the scandal, that immigration regulations were tightened “with complete disregard for the Windrush generation” and officials had made “irrational” demands for multiple documents to establish residency rights.

Ms Williams made 30 recommendations to avoid a repeat of the scandal, and the then-home secretary Priti Patel confirmed an action plan to implement them. Key among these was a commitment to create the post of a migrants’ commissioner, who would be responsible for speaking up for migrants and identifying systemic problems within the UK immigration system.

However, in January 2023 the new home secretary, Ms Braverman, decided to abandon the commitment to the commissioner role alongside the commitment to strengthen the powers of the immigration watchdog and to run reconciliation events with Windrush families.

UNISON litigation

UNISON launched its litigation in June 2023, during the Year of the Black Worker. The union believes that both the migrants’ commissioner and a strengthened watchdog would help to protect against a future ‘Windrush scandal’, allowing for greater protections for migrant workers and act as a break on yet more inhumane policies towards refugees.

The claimant in the judicial review, Mr Donald, is a member of the Windrush generation who arrived in the UK in 1967, aged 12, and was granted indefinite leave to remain in 1971.

Yet, when he visited Jamaica in 2010, to attend his mother’s funeral, he was prevented from returning to the UK and, effectively, exiled for nine years – until the scandal of which he was one of many victims finally came to light.

UNISON’s application to the High Court was supported by evidence  from UNISON member Michael Braithwaite, a London teaching assistant, working in particular with children with special educational needs, who lost his job due to the Windrush scandal, “a total nightmare that destroyed my life.”

When he learned of Ms Braverman’s reversal of the government commitment, Mr Braithwaite’s view was that, “It felt like we were being treated as if we didn’t matter again, as if no one really cared about what had happened… What scares me is that the hostile environment is still with us.”

Surviving the Windrush scandal

 

The article UNISON given go-ahead to join judicial review of government inaction over Windrush first appeared on the UNISON National site.

Blog: Trade unions wouldn’t be the same without Black Britons

Throughout history, the contributions of Black people have been overlooked and ignored. But Black History Month and UNISON’s Year of Black Workers are all about getting Black people’s achievements recognised and appreciated all year round.

Key Black figures have been at the forefront of fighting for social justice and equal rights in the UK. They’ve been instrumental in developing Britain’s culture, art and society as we know it now.

During this year’s Black History Month, we’ve been celebrating their achievements, but particularly those of Black women, as community builders, trade unionists, change makers and trailblazing political influencers. Like Olive Morris, a 1960s and 1970s south London community activist who fought for Black women’s rights and organised others to oppose inequalities.

The trade union movement – and UNISON – wouldn’t be the same without Black Britons. UNISON has over 185,000 Black members and hundreds of Black staff, and some of them have made history.

May Parsons, an NHS matron, administered the first NHS Covid-19 vaccine to 90-year-old Maggie Keenan. This year, May was recognised as one of the most influential Black women in health by the HSJ magazine, along with our deputy head of health Helga Pile.

Saluting our Sisters: Black History Month

I’ve spoken many times during UNISON’s Year of Black Workers about the 75th anniversary of Empire Windrush, and the 75th birthday of our NHS. If that ship had never docked in Tilbury, we wouldn’t have our NHS today. New migrants from the Caribbean helped to build our NHS, and the struggles they’ve faced since then will never be forgotten by UNISON. We’re committed to our legal action against the government’s decision to renege on actions that would give justice to victims of the Windrush scandal and prevent another similar scandal from happening again.

But there is still a lot of work to do. NHS workforce data shows that Black workers are still underrepresented in senior roles, and many experience harassment and bullying from the patients. Black women are often disadvantaged in the workplace and ethnicity pay gaps still persist, meaning Black workers are not getting the pay and recognition they’re owed.

We will continue to use UNISON’s Year of Black Workers to establish a legacy to generate change, and build on our campaigns to push for more change in UNISON, in society and through government – at the next general election and beyond.

Because, as the biggest and best trade union in the UK, we take our responsibility in challenging racist policies and championing anti-racist campaigns seriously. We know that, together, we can make the UK a place where Black people are never left underrepresented, undervalued or underpaid.

The article Blog: Trade unions wouldn’t be the same without Black Britons first appeared on the UNISON National site.

Blog: Trade unions wouldn’t be the same without Black Britons

Throughout history, the contributions of Black people have been overlooked and ignored. But Black History Month and UNISON’s Year of Black Workers are all about getting Black people’s achievements recognised and appreciated all year round.

Key Black figures have been at the forefront of fighting for social justice and equal rights in the UK. They’ve been instrumental in developing Britain’s culture, art and society as we know it now.

During this year’s Black History Month, we’ve been celebrating their achievements, but particularly those of Black women, as community builders, trade unionists, change makers and trailblazing political influencers. Like Olive Morris, a 1960s and 1970s south London community activist who fought for Black women’s rights and organised others to oppose inequalities.

The trade union movement – and UNISON – wouldn’t be the same without Black Britons. UNISON has over 185,000 Black members and hundreds of Black staff, and some of them have made history.

May Parsons, an NHS matron, administered the first NHS Covid-19 vaccine to 90-year-old Maggie Keenan. This year, May was recognised as one of the most influential Black women in health by the HSJ magazine, along with our deputy head of health Helga Pile.

Saluting our Sisters: Black History Month

I’ve spoken many times during UNISON’s Year of Black Workers about the 75th anniversary of Empire Windrush, and the 75th birthday of our NHS. If that ship had never docked in Tilbury, we wouldn’t have our NHS today. New migrants from the Caribbean helped to build our NHS, and the struggles they’ve faced since then will never be forgotten by UNISON. We’re committed to our legal action against the government’s decision to renege on actions that would give justice to victims of the Windrush scandal and prevent another similar scandal from happening again.

But there is still a lot of work to do. NHS workforce data shows that Black workers are still underrepresented in senior roles, and many experience harassment and bullying from the patients. Black women are often disadvantaged in the workplace and ethnicity pay gaps still persist, meaning Black workers are not getting the pay and recognition they’re owed.

We will continue to use UNISON’s Year of Black Workers to establish a legacy to generate change, and build on our campaigns to push for more change in UNISON, in society and through government – at the next general election and beyond.

Because, as the biggest and best trade union in the UK, we take our responsibility in challenging racist policies and championing anti-racist campaigns seriously. We know that, together, we can make the UK a place where Black people are never left underrepresented, undervalued or underpaid.

The article Blog: Trade unions wouldn’t be the same without Black Britons first appeared on the UNISON National site.

Blog: Trade unions wouldn’t be the same without Black members

Throughout history, the contributions of Black people have been overlooked and ignored. But Black History Month and UNISON’s Year of Black Workers are all about getting Black people’s achievements recognised and appreciated all year round.

Key Black figures have been at the forefront of fighting for social justice and equal rights in the UK. They’ve been instrumental in developing Britain’s culture, art and society as we know it now.

During this year’s Black History Month, we’ve been celebrating their achievements, but particularly those of Black women, as community builders, trade unionists, change makers and trailblazing political influencers. Like Olive Morris, a 1960s and 1970s south London community activist who fought for Black women’s rights and organised others to oppose inequalities.

The trade union movement – and UNISON – wouldn’t be the same without Black members. UNISON has over 185,000 of them and hundreds of Black staff, and some of them have made history.

May Parsons, an NHS matron, administered the first NHS Covid-19 vaccine to 90-year-old Maggie Keenan. This year, May was recognised as one of the most influential Black women in health by the HSJ magazine, along with our deputy head of health Helga Pile.

Saluting our Sisters: Black History Month

I’ve spoken many times during UNISON’s Year of Black Workers about the 75th anniversary of Empire Windrush, and the 75th birthday of our NHS. If that ship had never docked in Tilbury, we wouldn’t have our NHS today. New migrants from the Caribbean helped to build our NHS, and the struggles they’ve faced since then will never be forgotten by UNISON. We’re committed to our legal action against the government’s decision to renege on actions that would give justice to victims of the Windrush scandal and prevent another similar scandal from happening again.

But there is still a lot of work to do. NHS workforce data shows that Black workers are still underrepresented in senior roles, and many experience harassment and bullying from the patients. Black women are often disadvantaged in the workplace and ethnicity pay gaps still persist, meaning Black workers are not getting the pay and recognition they’re owed.

We will continue to use UNISON’s Year of Black Workers to establish a legacy to generate change, and build on our campaigns to push for more change in UNISON, in society and through government – at the next general election and beyond.

Because, as the biggest and best trade union in the UK, we take our responsibility in challenging racist policies and championing anti-racist campaigns seriously. We know that, together, we can make the UK a place where Black people are never left underrepresented, undervalued or underpaid.

The article Blog: Trade unions wouldn’t be the same without Black members first appeared on the UNISON National site.

Christina McAnea urges retired members to help campaign for care

Christina McAnea addressed UNISON’s retired members’ conference in Glasgow on Wednesday, calling on delegates to help the union in the run-up to a general election, “in demanding a commitment from your local MPs and candidates, to deliver transformational public services that our country can be proud of”.

The general secretary’s particular focus was on social care – one of a number of “glaring policy issues” that “matter not just to our retired members but to all members”.

She said: “We know that many of us will depend on social care at some point in our lives or will have family members or loved ones who need it.

“And of course, we have 160,000 UNISON members working in social care.”

Ms McAnea pointed out that the fragility of the social care system was laid bare by the pandemic, and today, “it’s in a worse state than ever.

“The NHS will never be resilient unless the care system is thoroughly transformed.

“That’s why we launched a campaign for a national care service. A care service with consistent standards of care and fair pay and conditions for the workforce.”

It would be a service that would put “pride into care, improve the experiences of those who need it, allow their family members to stay in their careers, and put more money into the pockets of a predominantly female workforce.

“We’ve made having a national care service in every part of the UK one of our key demands at the next general election.

“You’ll hear politicians say: ‘It’s too expensive’, ‘Who will pay for it?’”

But as Ms McAnea told conference: “We’ve already paid for it. You and our members still working pay their taxes.

“If politicians are serious about fixing the economy, that’s what they should focus on.

“Because we know that investing in our public services is a way to grow the economy.”

The general secretary also spoke about UNISON’s Year of Black Workers and how, on the seventy-fifth anniversary of Windrush docking at Tilbury in Essex, the union remembered the “pivotal role” those immigrants had on “the birth of our NHS” as so many of them went to work in the new health service.

“But look at how this government treats migrant workers now,” she added. “Demonising them and ignoring the contribution they make to our country and ignoring the impact they have on public services.

“As we enter a general election year, remember how the Tories have been treating us. Remember how they’ve been treating our families and our friends.

“In UNISON, we will champion your rights, the rights of all working people, and for the right for everyone to have a decent, secure, and fulfilling retirement.”

The article Christina McAnea urges retired members to help campaign for care first appeared on the UNISON National site.

Christina McAnea urges retired members to help campaign for care

Christina McAnea addressed UNISON’s retired members’ conference in Glasgow on Wednesday, calling on delegates to help the union in the run-up to a general election, “in demanding a commitment from your local MPs and candidates, to deliver transformational public services that our country can be proud of”.

The general secretary’s particular focus was on social care – one of a number of “glaring policy issues” that “matter not just to our retired members but to all members”.

She said: “We know that many of us will depend on social care at some point in our lives or will have family members or loved ones who need it.

“And of course, we have 160,000 UNISON members working in social care.”

Ms McAnea pointed out that the fragility of the social care system was laid bare by the pandemic, and today, “it’s in a worse state than ever.

“The NHS will never be resilient unless the care system is thoroughly transformed.

“That’s why we launched a campaign for a national care service. A care service with consistent standards of care and fair pay and conditions for the workforce.”

It would be a service that would put “pride into care, improve the experiences of those who need it, allow their family members to stay in their careers, and put more money into the pockets of a predominantly female workforce.

“We’ve made having a national care service in every part of the UK one of our key demands at the next general election.

“You’ll hear politicians say: ‘It’s too expensive’, ‘Who will pay for it?’”

But as Ms McAnea told conference: “We’ve already paid for it. You and our members still working pay their taxes.

“If politicians are serious about fixing the economy, that’s what they should focus on.

“Because we know that investing in our public services is a way to grow the economy.”

The general secretary also spoke about UNISON’s Year of Black Workers and how, on the seventy-fifth anniversary of Windrush docking at Tilbury in Essex, the union remembered the “pivotal role” those immigrants had on “the birth of our NHS” as so many of them went to work in the new health service.

“But look at how this government treats migrant workers now,” she added. “Demonising them and ignoring the contribution they make to our country and ignoring the impact they have on public services.

“As we enter a general election year, remember how the Tories have been treating us. Remember how they’ve been treating our families and our friends.

“In UNISON, we will champion your rights, the rights of all working people, and for the right for everyone to have a decent, secure, and fulfilling retirement.”

The article Christina McAnea urges retired members to help campaign for care first appeared on the UNISON National site.

UNISON seeks judicial review of home secretary over Windrush

Today is National Windrush Day, marking the 75th anniversary of the arrival of the passengers of the Empire Windrush to the UK, and celebrating the contribution and achievements of those Caribbean immigrants and many others who followed.

As UNISON general secretary Christina McAnea says in her blog today, if Windrush hadn’t docked at Tilbury, the country wouldn’t also be celebrating the NHS’s 75th birthday this year, because many of the Windrush generation went straight to work in the health service.

But the anniversary comes amid continued controversy over the government’s mistreatment of the Windrush generation.

UNISON is currently working with other parties in a legal challenge against the home secretary, over her decision to abandon three of the recommendations made by the Windrush Lessons Learned Review.

Conducted by Wendy Williams, the review concluded that the Home Office had shown “ignorance and thoughtlessness” on race throughout the Windrush scandal, which came to light in 2018, when it was revealed that members of the Windrush generation were being declared immigration offenders, and were denied access to public services, housing and jobs.

At least 83 people were wrongly deported despite having the right to live and work in the UK.

The review found that immigration regulations were tightened “with complete disregard for the Windrush generation” and officials had made “irrational” demands for multiple documents to establish residency rights.

Ms Williams made 30 recommendations to avoid a repeat of the scandal, and the then-home secretary Priti Patel confirmed an action plan to implement them.

Key amongst these recommendations was a commitment to create the post of a migrants’ commissioner, who would be responsible for speaking up for migrants and identifying systemic problems within the UK immigration system.

However, in January this year the current home secretary, Suella Braverman, decided to abandon the commitment to the commissioner role, together with the pledges to strengthen the powers of the immigration watchdog and to run reconciliation events with Windrush families.

UNISON believes that both the migrants’ commissioner and a strengthened watchdog would help to protect against a future ‘Windrush scandal’, allowing for greater protections for migrant workers and act as a break on yet more inhumane policies towards refugees.

The union is hoping for a judicial review of the home secretary’s actions, to which end it is currently working alongside a civil rights group and a private individual (not a UNISON member). All parties are currently waiting to hear from the courts, as to whether they can proceed.

If so, the union’s legal team will argue that UNISON has campaigned heavily against the government on this issue; that it has members who have suffered; and that the removal of the promises made by government will also impact detrimentally on its migrant members.

UNISON head of legal Shantha David said today: “A number of the Windrush generation found out, almost overnight, that they had lost their right to live in the UK. They’d lost their homes, their families, their status and their sense of belonging.

“The Lessons Learned Review went somewhere towards acknowledging the appalling treatment towards them. However, the home secretary’s refusal to carry out these three of the review’s crucial recommendations is devastating for those involved.

“This is why UNISON is determined to mount a legal challenge”.

UNISON policy officer Narmada Thiranagama added: “UNISON is committed to fighting for justice for members affected by the Windrush scandal and the hostile environment.

“Whether it’s in the workplace, in Parliament or in the courts, we are determined to tackle racism and win better treatment for migrant workers in this country.”

 

 

The article UNISON seeks judicial review of home secretary over Windrush first appeared on the UNISON National site.

Blog: We can’t truly commemorate Windrush until we have justice

Today, on Windrush Day, we mark 75 years since the Empire Windrush docked at Tilbury in Essex after travelling from Jamaica. The post-war arrival of this generation of Commonwealth citizens transformed the UK and our trade union movement, as their work helped build our public services.

If Windrush had never docked in the UK, we wouldn’t be celebrating 75 years of our treasured NHS this year, because many of the Windrush generation went straight to work in the health service.

Although we celebrate the arrival of the Windrush generation, we cannot adequately commemorate the day until those caught up in the Windrush scandal experience some measure of justice.

This country had taken the best years of their lives, but rather than give them gratitude and a peaceful retirement, the government served them with demeaning letters telling them to leave.

Many lost their homes, families, health and even, tragically, their lives. Denied access to public services they helped to build and treated like second class citizens in the country they had made their home.

The compensation scheme was deeply flawed – slow, burdensome for claimants and with mostly pitiful payments. Then Suella Braverman reneged on the government’s commitments laid out in Wendy Williams’s independent review.

Commitments that UNISON had campaigned for. So we’re fighting it in the High Court, campaigning in parliament and organising in workplaces.

Last year on Windrush Day I said that UNISON would always stand with the Windrush generation – and all migrant workers.

I stand true to these words today.

During UNISON’s Year of Black Workers we can all take this opportunity to double down in our efforts. UNISON branches are busy organising and supporting our migrant worker members who are still facing the Home Office’s hostile environment.

And UNISON resources will continue to go on defending them as equal workers and equal citizens in the UK.

The article Blog: We can’t truly commemorate Windrush until we have justice first appeared on the UNISON National site.