Working rights u-turn a result of failed ‘empty chair’ political strategy

The government’s u-turn on protections from unfair dismissal from the first day of employment is a breach of Labour’s manifesto commitment and another result of Sharon Graham continuing to be politically AWOL whenever it matters most.

The Employment Rights Bill (ERB) has been the major promise of the Labour government to the trade union movement. Kowtowing to pressure from business, Labour have been moving to weaken the ERB ever since the pre-election manifesto meetings. For example, by removing absolute bans on fire and re-hire. Trade unions have been fighting a pitched battle to prevent further gutting of the bill, especially following the sackings of ministers supportive of the bill including Justin Madders, Angela Rayner and Jonathan Reynolds.

The latest u-turn is a breach of promises made to workers. Unfair dismissal is unfair, it doesn’t matter if it’s on day 1 or 101. Workers should be protected by our union and a government which claims to back us.

The question here is not ‘do you support Labour or not’ it is ‘can we put pressure on Labour or not?’ Can we ‘move’ Labour (as Sharon Graham would phrase it)?

Missing in action

Negotiations are all about power, not persuasive arguments. Every rep who has ever taken part in pay talks knows that. The employers and their lobbyists have considerable power to lobby government. The task of the unions is to be a coordinated counterweight. The major unions, of which Unite is the largest in the private sector, have to play their part and bring our industrial heft to the table. This cannot be outsourced to the TUC and other unions to fight alone. They have no shortage of expertise, but we have to bring the firepower.

This is where Unite has been missing. Reunite understands that Sharon Graham was not part of the trade union negotiating team, although she later attended the TULO (Trade Union and Labour Party Liaison Organisation) to oppose the outcome of negotiations she had not assisted with.

The outcome of those negotiations is that ‘day 1’ protections from unfair dismissal will be reduced from two years to 6 months. This concession allows the bill to pass so other ‘day 1’ protections can become law. Overall the bill still includes 'day 1' sick pay provision, improved union access, the end of Tory 'minimum service' strike bans, easier balloting with reductions in notice periods, and the repeal of some previous anti-union legislation.

Overall the ERB is a major step forward, but very important parts of it have been gutted. It is a far, far cry from what our union demands. Anti-union legislation from the Thatcher era remains untouched, as does worrying loopholes for ‘fire and rehire’ and zero hour contracts.

The ERB is now the sort of deal that would give pause to even the most seasoned Convenor or senior rep before making a recommendation to their members following a negotiation. The best that could be achieved by the negotiating team short of industrial action. These are the difficult decisions of leadership that our reps reckon with daily, but our union’s leadership have no stomach for. (To continue this analogy, one thing Sharon Graham is not doing is proposing industrial action of any kind to defend or strengthen the ERB. It is unclear what her alternative form of opposition actually is.) Once again Unite is breaking ranks with the rest of the union movement, but without posing any genuine alternative.

Perhaps it is no coincidence that Sharon Graham is reluctant to engage seriously with employment rights considering her own management record. It is now one year since the first strike of Unite staff over the 'toxic bullying culture' of the research team led by Sharon Graham's husband, Jack Clarke. Graham has also attempt to foil genuine union recogntion for Officers through the creation of a staff association, and faces allegations of 'corruption,' through the creation of 'ghost jobs.'

An empty chair where Unite should be

Politically, there’s an empty chair where the most powerful union in the country should be. Sharon Graham has made some bold and mathematically dubious claims about being a negotiator for 35 years, so surely she knows that the process starts by turning up.

This episode exposes how our union faces the absurd situation of failing to engage politically exactly when the industrial force of Unite is needed in the room. Sharon Graham is left carping from the sidelines, disguising impotence with claims of political purity while throwing shade at other unions, criticising Labour and then paying the party millions in affiliation fees anyway. Truly the worst of all worlds.

Our union needs a political strategy which delivers for members. That does not mean being a cheerleader for Labour. Much the opposite. This is a government attacking civil liberties. A government which buckles to pressure from big business. A  government complicit in war crimes overseas. A government whose every action seems designed to pave the way for Reform.

This cannot be answered with media statements or posturing. Our union has to take our place as part of the trade union movement and add our strength to the collective effort to take them on. Where we can engage positively we must, as leading reps in our sectors and regions are currently having to do independently as they recognise the importance of having a political voice for our members. When we have to confront the government and be the counterweight to the employers and to Starmer’s worst impulses, then we should not be afraid to get our hands dirty and squeeze until the pips squeak.

We need to rediscover our political strength.

We need to Reunite.