Published 25th March 2024

The current dispute is between South Tyneside Council and Trade Unions of the Waste Collection Team.

Over the course of 6 months, both sides have made numerous statements that can be read below. In summary, The Union’s allege that the Waste Collection Team are bullied and unfairly disciplined by management, which South Tyneside Council disputes.

More than 80 per cent of the workforce are, or have just been on, a formal warning. GMB Union

GMB suggest 80% of the workforce have received a formal warning recently. In 2023 the current figure is that four members from a team of 63 have received a formal warning amounting to 6.3%. South Tyneside Council

An independent HR report was commissioned by the council, these are not normally made public as they are strictly confidential; they consist of interviews and complaints made by employees. No Green Councillors have seen this report, and it’s understood outside of the leadership of the council, only the union representatives have been shown the report in a meeting, but were not allowed a copy of it.

This investigation took place in Autumn 2023 and less than one fifth of waste operatives that submitted concerns (10/52) chose to take part in the investigation process. South Tyneside Council

The union had the opportunity to bring an appeal to the councils Appeal Panel, this panel consists of three elected councillors, with Green Councillor, Andrew Guy, a member of this panel. This would have effectively given the opportunity for the Union’s to bring the dispute to councillors, including the independent report, and ask councillors to overturn the Council’s decision on grievances that the the council has not upheld. Unfortunately, the Appeal was not lodged and therefore this process never commenced. We understand the council provided extra time past the deadline, and the Union’s were offered independent reconciliation via ACAS, three times.

As it currently stands, we understand the only demands made by the Union’s are for two managers to be removed from post. The council state they cannot do this as the claims made by the workers have not been proven, and therefor would be against employment law.

Councillors from all parties have no powers to get involved with this dispute. With employee disputes in any workforce, correct procedures must be carefully followed, and those investigating and making decisions must be impartial. This was one of the alleged reasons why the union did not feel comfortable using the Appeals Panel. Even if councillors did have the power to remove employees from their post, done so without any solid basis would guarantee expensive tribunal claims likely ending in the reinstatement of these employees.

This has placed the Waste Collection of our Borough in the centre of a stalemate, and unfortunately some have taken advantage of this situation for political gain. The council, like any employer can’t remove employees from their jobs from gross misconduct without evidence of wrongdoing. Those suggesting they can do, and councillors are to blame for this not being the case are doing so without an understanding of employment law, or, doing so for dishonest reasons.

Clearly an issue of poor work culture exists within the waste department, whom and why has yet to be seen yet. But we encourage both sides to listen openly and honestly with one and other, and resolve this dispute.

Statements

From the GMB Union:

• Refuse workers disciplined for helping elderly and disabled people (9th November 2023)
• South Tyneside faces third round of bin strikes (9th January 2024)

From the Council:

• Statement in Response to GMB over Industrial Action (10th November 2023)
• South Tyneside Council Response to GMB Communication (23rd January 2024)
• A joint statement on behalf of South Tyneside Council, GMB and Unite Unions (19th February 2024)
• Further Strike Action in South Tyneside Despite Positive Dialogue (4th March 2024)