The workers are alleged to have broken into Tata's Teesside production site and intimidated managers, during a strike over pay.
A spokesperson for Tata told the Telegraph that the company had a rule forbidding striking workers from accessing the premises. Tata has applied for a trespass injunction against the workers.
GMB union, which represents the striking workers, claimed that Tata had previously intimidated its members to not go on strike.
We asked commentators how HR can restore trust between employees and employers amid industrial action.
“It’s common for passions to run high as employees and employers adopt entrenched positions,” explained Jim Moore, employee relations partner at HR consultants Hamilton Nash, speaking to HR magazine.
“This invariably escalates into more adversarial or even aggressive actions that can cross the boundary of legitimate industrial action.”
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HR should encourage employers and striking employees to acknowledge their mutual interests, Moore added.
He continued: “The key to establishing an effective dialogue is to reframe the discussion away from opposing positions and more towards recognising mutual interests and addressing the underlying concerns.
“Recognising these concerns can reassure employees that management wants a sincere and open dialogue, which paves the way for a problem solving partnership with unions.”
Paul Clark, organiser for GMB union, which has warned that the strike action could lead to a tea shortage, described the company’s decision to take legal action as “yet another attempt by bosses to intimate workers”.
“Instead of dealing with the issue of poverty pay, they’re wasting cash on trumped-up claims,” he said.
HR should mediate a discussion between both sides of the dispute, according to Ele Wilson, head of investigations at workplace relationships consultancy CMP.
She told HR magazine: “When trust breaks down, the established forms of communication and the people involved can be of no use – they're bound up with grievances.
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“Instead, employers should consider offering more neutral ground, a mediated discussion that allows for people to be heard without worries about retribution.
"In situations where employees have been involved in misconduct, it's important to demonstrate a willingness to take immediate action, and critically, ensure the investigation to establish what's happened is carried out fairly and impartially.
“Reinforce the message that the misconduct investigation is separate from the issue of the strike, is purely about the episode of inappropriate behaviour; and, where possible, address misconduct by using restorative rather than punitive measures.”
Moore encouraged HR professionals to communicate workers’ rights to industrial action with them, to ensure similar incidents did not occur.
“HR should ensure that employees are educated on what actions and behaviours are permitted as 'industrial action' under the Trade Union and Labour Relations (Consolidation) Act 1992 and Employment Rights Act 1996,” he said.
“If an incident occurs, HR can work with union representatives to request that unions remind their members of these 'rules of engagement'.”