The Unite union has called on the government to reverse its controversial decision to cut the winter fuel payment for millions of pensioners or face a potential judicial review.

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In July, the government announced plans to scale back the payment—worth between £100 and £300 for most pensioners—a decision confirmed in the Autumn Budget. The move has ignited criticism, particularly towards Labour, with Chancellor Rachel Reeves defending the cuts as necessary to help close a £22 billion deficit in public finances.

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Unite’s General Secretary, Sharon Graham, urged Labour to reconsider, stating: “It is not too late for Labour to register the hurt this cruel policy has caused, step back from picking the pockets of pensioners, and do the right thing.”

 

This cut will impact an estimated 10 million pensioners, with the winter fuel payment only remaining for those on pension credit or other means-tested support.

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On 29 October, Unite’s legal team sent a pre-action letter to the government, arguing that ministers failed to assess the full impact of the cuts on vulnerable groups. In September, the government acknowledged it had not conducted a comprehensive assessment, releasing only a limited “equalities analysis.” The letter formally identifies Works and Pensions Secretary Liz Kendall as a defendant, giving the government until 12 November to respond, though Unite has requested a response by 7 November.

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Unite’s letter emphasizes that the government had a legal obligation to consult the Social Security Advisory Committee and gather robust evidence on the impact, particularly on vulnerable and disabled individuals.

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The urgency is underscored by the approaching winter and the rising risk for pensioners facing “disconnection, inadequate heating, and the need to cut other essential spending.” Graham sharply criticized the Labour leadership: “People do not understand, and I do not understand, how a Labour government has taken away the fuel allowance of millions of pensioners just as winter approaches.”

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Prime Minister Keir Starmer defended the decision, describing it as a “tough” but necessary measure in light of the country’s financial challenges, stating that previous administrations had neglected the costs of winter fuel payments.

 

Meanwhile, a separate legal challenge has been launched in Scotland, where a couple received permission to proceed with their own case against both the UK and Scottish governments over the removal of the benefit.

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The government has yet to respond to Unite’s legal threat or the widespread criticism surrounding this contentious decision.