PCS has declared a “major win” after The Pensions Regulator agreed to pay £90,000 to union reps who were disciplined for failing to share WhatsApp messages with managers.
The union said a comprehensive settlement has been reached which will see reps who were “subjected to trade union victimisation” receive a £15,000 payment each, along with the employer providing a formal apology and committing to deliver training for its managers on constructive engagement with trade union representatives.
PCS, the civil service’s biggest union, said 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.
The union said all reps made clear they had not seen any leaked document and raised legitimate concerns about sharing confidential branch WhatsApp messages. It said that, despite those assurances, reps were disciplined for failing to follow what the employer termed a “reasonable management instruction” and issued with written warnings.
PCS said its legal team then provided representation to the reps at the disciplinary hearings, arguing that branch communications on personal devices are PCS’s data and that preserving that confidentiality, apart from in the most exceptional circumstances, is “integral” to lawful trade union activity.
The union subsequently hired Iain Birrell of Thompsons Solicitors to take over the case, with Richard O’Keefe of Old Square Chambers also brought in to provide counsel.
PCS said the outcome “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”.
It added that the training commitment secured as part of the settlement “will help ensure managers understand their legal obligations and the importance of constructive industrial relations”.
Richard Gillingham, a former TPR employee and PCS rep, said the problems began after staff took strike action between September 2023 and March 2024 over pay – action which eventually led to an improved offer.
“Suddenly TPR was dealing with a branch and membership that had grown massively and knew the strength of solidarity,” Gillingham said. “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.
“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.”
The Pensions Regulator declined to comment.