12. Organising around grievances and disciplinary issues


Unions have always understood that many workplace disputes can best be dealt with collectively through collective bargaining or collective grievances. TUC guidance emphasises that tackling issues collectively can:


• help build stronger union organisation in the workplace;


• help demonstrate the union’s effectiveness;


• involve a wider range of members in union activities; 


• lead to new agreement or policies, once reps tell managers that more members support a grievance;


• ensure a wider number of individuals benefit from improved conditions; and 


• use union resources more efficiently, by reducing time spent in multiple individual grievance or disciplinary hearings.


Agency workers, zero hour contract workers and young workers are often particularly reluctant to complain because of fear of retaliation - losing jobs or shifts — another good reason for a collective approach. 


“Strength in numbers” over issues like stress, workload, bullying management or physical working conditions can also help foster mutual support and solidarity, raising morale and empowering workers, in place of the feelings of isolation and anxiety that raising an individual grievance can produce. 


Tackling issues collectively can also ensure that issues like, say, “presenteeism” or sickness absence are seen as organisational issues, to be tackled through a joint reappraisal of working practices and working culture, as opposed to matters of individual responsibility or fault. 


Dealing with issues collectively also helps focus on what’s relevant, and avoids issues becoming personal, polarised, or bogged down in procedure. A collective approach can also make it easier for the member to stay in their job after a dispute.

However, the TUC emphasises that it is vital to respect the member’s right to privacy and to inform other members about an issue only where this has been agreed with the member.


TUC guidance on collectivising grievances suggests that reps who receive grievances on issues that could affect other workers, for example, access to training, could consider with the member whether:


• other members have already raised similar complaints;


• the issue may affect other workers; 


• collective bargaining, or a collective grievance, is a more effective way of tackling the concern. 


When a member faces a disciplinary issue, the TUC advises reps to consider:


• whether this is a one-off case or part of a pattern. Could this be the result of poor performance management, lack of management training, bullying, or workload issues?


• whether certain types of worker are being disciplined more than others, for example, black workers or trade union reps. 


Information collected from other members might support the case for a revised policy to manage a particular issue. 


A well organised display of collective strength is also sometimes the only way of securing a just result, especially following the introduction of tribunal fees, and in practice may be the only way of securing reinstatement, as union experience demonstrates. 


Successes should be publicised where possible, to help show the effectiveness of the union, to share best practice and to help recruit new members. 


The Acas Code of Practice on disciplinary and grievance procedures does not apply to collective grievances (see para 45).