Major win for PCS in trade union victimisation case

PCS has secured a comprehensive settlement on behalf of PCS reps who were subjected to trade union victimisation at The Pensions Regulator (TPR). The agreement includes a £15,000 payment for each representative, a formal apology from the employer, and a commitment by TPR to deliver training for its managers on constructive engagement with trade union representatives.

The case began in 2024 when TPR demanded access to the PCS branch WhatsApp group, held on personal devices, as part of an investigation into an alleged information leak. All reps made clear they had not seen any leaked document and raised legitimate concerns about sharing confidential branch WhatsApp messages.

Despite those assurances, reps were disciplined for failing to follow what the employer termed a “reasonable management instruction” and issued with written warnings.

PCS Legal provided representation at the disciplinary hearings, making clear that branch communications on personal devices are PCS’s data and that preserving that confidentiality, save in the most exceptional circumstances, is integral to lawful trade union activity. Iain Birrell, of Thompsons Solicitors subsequently took over conduct of the claim, with Richard O’Keefe of Old Square Chambers instructed as counsel throughout.

The outcome of the case underlines a vital principle: trade union representatives must be able to carry out their duties, including confidential branch communications, without fear of intimidation or reprisal. The training commitment secured as part of the settlement will help ensure managers understand their legal obligations and the importance of constructive industrial relations.

Matthew Evans, PCS rep and lead witness, said: “Iain and Richard have been fantastic; they built our case in such a detailed way and were incredibly prepared throughout. We were always the most prepared people in the room, and it showed! Richard, in particular, was very supportive to me as the lead witness, taking the time to explain everything in a clear and understandable way.”

Richard Gillingham, former TPR employee and PCS rep, said: “This was all because we took strike action for the first time in years. Suddenly TPR was dealing with a branch and membership that had grown massively and knew the strength of solidarity. Instead of negotiating in good faith and building proper industrial relations, they tried to bully and intimidate the branch reps by launching these spurious disciplinary cases. PCS stepped in from day one to defend us, providing an FTO in the disciplinary hearings and a fantastic legal team to take the employer head on. Instead of intimidating us, they’ve only strengthened our representatives' resolve and commitment to continue to work on behalf of branch members. It’s TPR that has had to back down, apologise and settle.”

Fran Heathcote, PCS general secretary, said: “This is a fantastic result for our reps and a clear warning to any employer: if you victimise PCS representatives for carrying out legitimate trade union activity, we will defend them and we will win. I want to thank our reps for their courage, and our excellent legal team. PCS will always stand up for the rights of our reps"