GMB must release former female staff members from confidentiality clauses that prevent them speaking publicly about their treatment, a former regional president of the trade union has said.
Cath Pinder, who was suspended from the union for failing to respond to an email and subsequently expelled earlier this year, said she “feels the GMB is riddled with misogyny and cronyism” and that the union was “failing its members”.
Pinder said she was speaking out after allegations in the media last week from former GMB staff who accused the union of not dealing with institutional sexism and bullying of women that was first identified in a report by Karon Monaghan KC in 2020.
A group of former and current GMB staff are writing to the equalities watchdog to demand an investigation into the union, which is one of the Labour party’s major funders and represents about 630,000 workers in the UK.
In an interview with the Guardian, Pinder said an investigation by the Equality and Human Rights Commission (EHRC) would be the best way forward. “If GMB, Barbara Plant, the president, and Gary Smith, the general secretary, have nothing to hide then there is nothing to fear from any such investigation.
“They should also immediately agree to waive their hold over women who have left by allowing them to speak publicly regardless of confidentiality clauses they signed. They’re an NDA [non-disclosure agreement] in all but name.”
The GMB denies using NDAs, but says it uses standard settlement agreements common to many organisations. Settlement agreements involving payouts can include confidentiality clauses that put restrictions on former staff making negative remarks about their time at an organisation, with a range of exemptions allowing them to speak to law enforcement authorities, watchdogs or regulators.
The union says it has “clear, comprehensive and transparent procedures to fully investigate and effectively deal with any allegation of bullying, sexism or harassment” and that any such behaviour “is not tolerated under any circumstances”.
Pinder, who was elected regional president in the GMB North East, Yorkshire and Humber region twice before her suspension and expulsion, said: “It is never easy for any woman to come forward. When multiple women do then there is cause to investigate whether there is a pattern of abuse.
“GMB cannot be allowed to police themselves and that is why I am calling on anyone similarly affected to also write to the EHRC. I welcome the support I have had in private from a number of MPs and I call on all members of parliament to support women by calling on the EHRC to investigate GMB.”
Pinder said she had been suspended from the GMB about a month after raising a complaint about the general secretary and another senior staff member and their treatment of her during a separate investigation.
She was told her case would be investigated by a senior barrister, but she declined to participate on the grounds that it would not be independent.
Within the hour, she had been suspended for failing to respond to an email asking her to provide information, if she had any, about a leak – of which she had no knowledge and therefore did not reply.
Pinder said she was subsequently expelled from the union for two counts of having leaked information to the Guardian. She said she had had no contact with the Guardian at that time.
She was also expelled for having contacted other GMB members during her suspension and having tweeted in solidarity with colleagues suspended by the union, along with the hashtag “#bringbackmonaghan”.
Pinder went on to challenge the suspension at a hearing of the trade union certification officer, saying the president did not have the power to do so without prior authorisation of the executive council. The GMB hired a senior barrister, Stuart Brittenden KC, while Pinder was represented pro bono by a legal academic friend.
The certification officer found against Pinder, saying the GMB president did have the authority. She noted in her observations, however, that it was “surprising” the trade union had done so without seeking clarification about whether Pinder understood a reply was required.
Pinder, who is also a Labour officeholder, said she found the use of GMB members’ subscription money on a senior barrister to challenge her case “appalling”.
She added: “I no longer believe there is justice for women at GMB. I tried to uphold my duty as an elected executive member and was suspended after raising concerns. The only option now is for the EHRC to investigate.”
A GMB spokesperson said: “A panel of GMB members found that by her actions and blatant and persistent breaches of GMB rules, Cath Pinder fundamentally abused her senior position in the union.
“The member panel unanimously agreed that Ms Pinder should be expelled from GMB membership, a decision confirmed by a further group of GMB members at a separate appeal hearing.
“The independent certification officer has confirmed that the union conducted itself correctly in exercising its authority in this matter and rejected Ms Pinder’s complaint.
“We are led by our members and it is our members, not officers, who take the most significant decisions involving disciplinary matters and claims of misconduct.
“Since the Monaghan report four years ago, we have created stronger structures and introduced stringent policies to prevent bullying behaviour, and continue to actively engage with our fantastic staff and independent experts to build a better workplace.
“We do not use non-disclosure agreements and staff leaving the organisation are asked to sign standard settlement agreements, similar to those used by virtually every organisation across the public and private sectors.”
