Unite union launches legal action against Government over winter fuel payment cut

Demonstrators protest against the decision to means test the winter fuel payment
-Credit: (Image: PA Wire/PA Images)


One of Britain's leading trade unions, Unite, has initiated legal proceedings against the Government over its decision to introduce a means test for winter fuel payments.

Unite has accused the Government of bypassing proper procedures, resulting in approximately 10 million pensioners being cut off from this benefit.

Despite previous threats of legal action made by the union in November, and having received what it considers an "unsatisfactory" response from the Government after demanding a policy reversal, Unite proceeded on Thursday to submit an application to the High Court seeking permission for a full judicial review.

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Sharon Graham, Unite's general secretary, said: "Labour’s decision to pick the pocket of pensioners was wrong on every level. The government has been given every opportunity to reverse its decision and it has failed to do so.

"This is a rushed, ill-thought-out policy and the government clearly failed to follow the proper legal measures before executing it. With winter approaching the courts must now hold the government to account and reverse this cruel cut as quickly as possible."

The union is pushing for an expedited hearing in light of the severe winter conditions that are expected to worsen, emphasizing the urgency of the situation.

Unite, in its pre-action letter to the Government, claimed the move breached legal duties such as failing to consult with the Social Security Advisory Committee (SSAC) and not properly assessing the impact on disabled persons, among other violations.

Ministers are not obliged to refer benefit regulations to the SSAC if they are deemed a matter of "urgency", which was claimed when for the winter fuel payment cut.

The Government also carried out an "equalities analysis", which was disclosed under the Freedom of Information Act, but has faced criticism for not conducting a comprehensive impact assessment of the policy.

The request for a judicial review will further strain the relationship between the Government and Unite, a major donor to Labour that has become increasingly distant from the party since Sir Keir Starmer took over as leader.

The Government said it would not comment on ongoing legal cases, but a spokesperson stated it was "committed to supporting pensioners" and encouraged people to check their eligibility for pension credit.

They added: "Over a million pensioners will still receive the winter fuel payment, and our drive to boost pension credit take up has seen applications more than double with over 40,000 more pensioners now receiving pension credit, and the winter fuel payment."