Recent developments in the campaign for justice for blacklisted workers

The Blacklist Support Group and trade unions have continued to campaign for justice for blacklisted workers and action to prevent further blacklisting. The main developments over the past year include:

In July 2012, a group of 86 blacklisted workers launched a High Court claim against construction giant Sir Robert McAlpine, potentially worth £600 million, for “Tort of unlawful conspiracy”.

The claim targets Sir Robert McAlpine as the company with the worst record of blacklisting. The last invoice issued to the firm by The Consulting Association was in excess of £28,000 for the use of the blacklisting service. The conspiracy charge means Sir Robert McAlpine would also be responsible for the actions of the 44 contractors, including Carillion, Balfour Beatty, Skanska which systematically blacklisted workers for being members of a trade union. The claims are for loss of earnings and hurt to feelings.

In August 2012, Labour MP Jim Sheridan called for construction firms guilty of blacklisting trade unionists to be barred from publicly funded projects. Several local authorities, including Hull City Council have also passed resolutions to remove blacklisting firms from all council contracts.

In January 2013, unions and campaigners called for a major inquiry into blacklisting, on a par with the Leveson inquiry into phone hacking. Also in January the issue was debated in Parliament.

There were two important legal developments in February 2013. An Employment Appeal Tribunal (EAT) decided that construction giant Carillion must face human rights claims over its role in the construction industry blacklisting scandal and that a High Court judge should hear Dave Smith’s EAT case:

Also in February 2013 an employment tribunal ruled that Unite safety rep Frank Morris, a worker on the Crossrail project who believes he was blacklisted because of his union and safety activities, has the right to challenge his sacking.

Both Crossrail and contractor Bam Ferrovial Kier (BFK) must now appear in court to answer the allegations that Morris was unfairly dismissed in September 2012 from Europe’s biggest construction project.

In March 2013, the BSG named and shamed company directors that chaired TCA and the Human Resources and Industrial Relations Directors identified as the “main contact” between the construction companies and TCA.

In April 2013, the Scottish Affairs Select Committee published its interim report described by the BSG as a big step forward in the campaign and welcomed by construction unions. The Unite union said the committee had “begun to shine a light on the dark side of the construction industry”.

The BSG continues to demand:

• a full public apology;

• compensation for blacklisted workers;

• no public contracts for blacklisting firms; and

• jobs for blacklisted workers on major projects.