Latest news from today’s session of discrimination case brought by Irish trade unionist against Unite and Sharon Graham as witnesses again ‘rattle’ union barrister – and former GS Len McCluskey will be called again

Unite general secretary Sharon Graham will be legally summonsed to appear in Dublin at the Workplace Relations Commission (WRC) discrimination case brought by Irish trade unionist Brendan Ogle against Graham and Unite, if she does not accept an invitation from Ogle’s lawyers. The news was confirmed after an attempt by Unite’s highly-paid barrister Mark Harty, to claim that Graham was not relevant to the case because she is the UK general secretary, was rejected by Adjudicator Elizabeth Spelman after Ogle’s lawyers pointed out that Ireland is a Unite region and Graham has overall responsibility, as well as allegedly telling Irish officials to inform Ogle that there was no place for him.

Ogle is claiming that Unite discriminated against him by sidelining him on his return from cancer treatment – and that he was told that Graham ‘recognises loyalty’ from those who supported her in Unite’s 2021 general secretary election. Ogle, like many Irish figures and branches, supported Graham’s rival, Howard Beckett.

The question of whether a subpoena would be issued to compel Graham to attend was left open at the end of the last three-day session of the case. Harty tried to claim Graham was not relevant to the case and may not be ‘amenable’ to subpoena, as if a legal summons is a matter of whether one feels like being summoned. Graham and her alleged words about getting rid of Ogle have featured prominently in the case so far.

In other news from the tribunal, Irish Unite stalwart James ‘Junior’ Coss gave evidence corroborating Ogle’s account of sitting through the creation of a whiteboard chart about how the union would be organised after his removal, to the evident ire of Harty, whom attendees described as becoming extremely aggressive.

John Douglas, former general secretary of Irish retail union Mandate, also gave evidence in support of Ogle’s case, to a similar reaction from Harty – whose approach in the preceding session in February led to several ‘sidebars’ with Spelman and Ogle’s outraged barrister Mary-Paula Guinness.

Tomorrow’s session of the hearing was postponed after Unite’s lawyers called pro-Graham union employee Therese Maloney in an attempt to rebut former general secretary Len McCluskey’s testimony that he had assured Ogle his job would be kept open. Adjudicator Spelman ruled that McCluskey must be on hand for re-examination before Maloney can testify.

Sharon Graham has previously cancelled appearances in the Republic, avoiding members’ anger and scrutiny over the union’s ‘disgraceful’ treatment of Brendan Ogle. The situation caused such outrage in Ireland that union members picketed Graham’s long-delayed visit to Dublin, Unite’s Community section condemned it as ‘disgusting’ and a whole sector branch threatened to disaffiliate.

Graham’s tenure as Unite boss has also been marked by a string of other allegations – which neither she nor the union has denied – including destruction of evidence against her husband in threat, misogyny and bullying complaints brought by union employees. She is also embroiled in a defamation lawsuit brought by Irish union legend Brendan Ogle for the union’s treatment of him and comments made about him by Graham and her close ally Tony Woodhouse.

She has also been alleged by insiders to have:

• banned Unite officials and national banners from pro-Gaza protests
• banned and smeared films and books exposing the ‘Labour antisemitism’ scam
• placed an official under investigation who refused to cancel a Palestine solidarity fringe event at Labour’s 2023 annual conference
• told her chief of staff to threaten a soon-to-retire official with the loss of a pension bonus if he did not soften his support for Palestinians

Her supporters also prevented debate and votes on Gaza at a meeting of the union’s elected executive earlier this month.

Failure to obey a subpoena in employment cases is a prosecutable criminal offence under Ireland’s ‘Employment (Miscellaneous Provisions) Act 2018‘.

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