The Anti-blacklisting campaign — key victories and developments

In 2013 there were a number of key legal and political victories by the anti-blacklisting campaign, through highly effective mobilisation of unions and campaigners. In particular:

• in March 2013, trade unions negotiated a change to the Construction Industry Joint union-employer Working Rule Agreement regulating the contracts of around 500,000 construction workers. Following a proposal by construction union UCATT, a new anti-blacklisting term states: “The CIJC does not condone any form of blacklisting of any worker”;

• in September 2013, Unite secured the reinstatement of Crossrail electrician and union activist Frank Morris, who lost his position after raising health and safety concerns;

• the Independent Police Complaints Commission conceded that there is evidence of probable police collaboration with blacklisters;

• in October 2013, eight major blacklisters put forward a compensation scheme under which they apologised for their involvement with illegal blacklisting organisation The Consulting Association but refused to admit liability. The scheme, known as the Construction Workers Compensation Scheme, would require a blacklisted worker to abandon all claims, would be open for just one year and would have a payment rate starting at just £1,000 and capped at £100,000. Blacklisted workers are being warned to steer clear of the scheme, described as “counterfeit”, too restrictive and mean. The scheme has not been agreed by unions, and UCATT says its members should have nothing to do with it. Unite is urging blacklisted workers to use its special blacklisting “hotline” (tel: 0800 587 7539), and is pressing for a scheme agreed by unions, to include a job and up-skilling if needed;

• the Information Commissioner’s Office agreed to contact directly 1,200 workers who were unaware that their names appeared on a blacklist;

• in October 2013, the ICO confirmed that it holds documents on a second construction company blacklist;

• in November 2013, Unite and UCATT issued high court class actions against blacklisting employers, coinciding with a TUC National Day of Action on Blacklisting, while the GMB launched a high court claim against Carillion for compensation for 70 of its members;

• UCATT is supporting proceedings in the European Court of Human Rights arguing that the failure to outlaw blacklisting breaches the rights to freedom of association (Article 11) and freedom from discrimination (Article 14);

• the Welsh Government has issued a Procurement Advice Note calling on all Welsh public bodies to use procurement to help eliminate blacklisting;

• the Scottish government now requires all bidders for public contracts to disclose whether they have been involved in blacklisting and if so what “remedial action” has been taken. In future, companies doing business in Scotland found to have blacklisted could have their contracts terminated;

• in March 2014, Labour MEPs voted in favour of European legislation making it illegal to blacklist workers or discriminate against them on the grounds of trade union membership or activities across the European Union. The amendment to European general data protection law, states that it is against the law to use this information to create or share a blacklist to help vet potential employees. Other measures voted through include a new “right to erasure”.

Anyone who thinks they may be on a blacklist can contact the Blacklist Support Group for advice and support. Their blog and contact details can be found at: www.hazards.org/blacklistblog.