National Officers’ group complains to exec and legal about ‘anti-trade union’ actions, intimidation by union management and breach of collective agreement

Unite general secretary Sharon Graham and her management team have been accused of contempt for Unite staff’s collective agreement on grievances – and of a string of other abuses, including the use of legal action to silence and intimidate workers and avoid transparency, banning workers from their workplace under an implied threat of dismissal – and putting people into ‘special measures’ to control the union’s internal democracy.

A damning letter from Unite’s ‘Officers’ National Committee’ (ONC) explains that the group has been forced to take the ‘unprecedented’ step of going outside the usual collective agreement to notify the union’s elected executive and its legal director of their grievance, in the hope of getting some action to resolve the grim situation. It then goes on to outline the serious abuses they say they are facing – and to imply that if they are not resolved, staff will be balloted for strike action:

ONC Collective Grievance over Unite management’s interpretation of the Unite Grievance Collective Agreement and the Dignity At Work Collective Agreement.

A Collective Grievance under section 5 of the Unite Grievance Collective Agreement is required to be presented to the Director of Human Resources however because our Collective Grievance is about the way Procedures are being interpreted and changed and how the content of the employees’ grievances necessitates additionally an unprecedented involvement of the Legal Director and the senior lay officials of the Executive Council.

The ONC feels justified in making this decision because repeated representations are getting us nowhere. If employees cannot feel that the Grievance Collective Agreement is to be respected by the Union then as trade unionists we know how to respond. But out of respect for our members and to provide the Executive Council, as the ultimate employing body, with the opportunity to hear our concerns that the rights and protections of Unite workers are being undermined and denied we want to avoid a dispute.

The length of time that grievances and investigations are taking to reach a conclusion is not acceptable in a modern workplace. When employees are waiting months after submitting a grievance due to a refusal of some to participate in the process, being banned from your workplace when not even suspended, and an application of “special measures” to distort democratic structures – none of these are acceptable or are in the traditions of Unite.

The use of suspension powers should only be used with clear justification and always with a review to evaluate the impact of suspension on an individual’s mental health before the suspension stretches to weeks and months.

Using legal privilege to justify enforcing a refusal to allow an employee to present their grievance is disgraceful and anti-trade union. If we believe that part of our role is to challenge power in the workplace where that power is used to suppress workers seeking transparency, expressing their genuinely held views or seeking protection from abuse.

Threats of legal action for raising a grievance cannot be ignored or endorsed. It is contrary to ACAS guidance, a breach of our collective agreement on grievance and Dignity At Work and a denial of natural justice. For any worker to exhibit the courage to voice their concerns about their opinions of inappropriate behaviour against them or others is a right not to be denied. If it is to be crushed or swept away simply because the employer is more powerful and we do nothing about such unfairness in the workplace then who are we standing up for?
In seeking to declare a grievance invalid the employer has cited the issues of trust and confidence. This, in our view, is a further matter of deep and unprecedented concern. Loss of trust and confidence is a legitimate reason for dismissal by an employer so to reference it is to further intimidate the worker. Its use by our management is nonsensical since by definition any grievance is reliant upon trusting your employer to investigate and adjudicate on the matters raised.

These concerns raised by the ONC are based on the senior management team of the union having agreed them which is why in our view the Executive Council is the only body that can hold a special meeting to restore the integrity of the Collective Agreements entered into with the Bargaining Units of the Unite workforce.

We want the following as the resolution to our Collective Grievance. 1) All grievances raised by employees in the union should be investigated, with Unite as our employer honouring its’ obligations by following collective agreements with the bargaining units. 2) The senior management team should work constructively with the ONC to establish a new protocol to ensure grievance and disciplinary investigations should be carried out in an appropriate and timely manner to balancing the right to be heard and natural justice alongside resolving issues that lead to investigations.

Emphases added by Skwawkbox

The explosive allegations compound the long list of alleged issues with Graham’s running of Unite. Her 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, and a tribunal case for discrimination, 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. She campaigned for the general secretary position on the basis of a focus on protecting workers and disavowing political interference.

A senior union insider told Skwawkbox:

The Exec would never normally get involved in employee management matters. They would never usually get involved in employee grievances. The officers have emailed them directly to basically say we are getting nowhere with this general secretary, she is out of control using the worst of employer tactics against union employees, we know you don’t deal with our grievances but you are the union’s ultimate body and we are saying to you – do something or we will ballot.

Unite was contacted for comment:

1. It’s clear from this that ONC feels trust has broken down between Unite staff and its management – how has Ms Graham allowed things to fall apart so badly?
2. Unite would never – I hope – tolerate another employer treating staff in this manner, so why is Unite doing so?
3. What is Ms Graham’s explanation for trying to declare grievances invalid rather than resolving them – especially (and ironically) on grounds that ‘trust and confidence’ in the person(s) making the grievance(s) are the issue, which employees are regarding as attempted intimidation?
4. The ONC says that Unite is using legal privilege as an excuse for preventing workers from presenting grievances. Is this true?

The union did not respond by the deadline for publication.

SKWAWKBOX needs your help. The site is provided free of charge but depends on the support of its readers to be viable. If you’d like to help it keep revealing the news as it is and not what the Establishment wants you to hear – and can afford to without hardship – please click here to arrange a one-off or modest monthly donation via PayPal or here to set up a monthly donation via GoCardless (SKWAWKBOX will contact you to confirm the GoCardless amount). Thanks for your solidarity so SKWAWKBOX can keep doing its job.

If you wish to republish this post for non-commercial use, you are welcome to do so – see here for more.