Blacklisted workers launch £600m High Court action

Blacklist Support Group news release

A group of blacklisted workers in the UK has launched a High Court claim against construction giant Sir Robert McAlpine which could potentially be worth £600million. Guney Clark & Ryan solicitors served a claim on behalf of 86 claimants for ‘Tort of unlawful conspiracy’ at the High Court last week.

The claimants are part of the Blacklist Support Group (BSG), a network campaigning on behalf of construction workers illegally blacklisted because of their trade union activities by major building contractors as part of The Consulting Association scandal first exposed in 2009.

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. However, the conspiracy charge means Sir Robert McAlpine would also be responsible for the actions of the 40 plus contractors such as Carillion, Balfour Beatty, Skanska who systematically blacklisted workers simply for being members of a trade union.

Many of the claimants were dismissed repeatedly from major construction projects and in some cases suffered years of unemployment because of their union activities or for raising concerns about safety on building sites. It is believed that the larger claims are in the region of £300,000 for loss of earnings and hurt to feelings. The minimum award under the new blacklisting regulation introduced in 2010 is £5,000 (but the regulations do not retrospectively cover The Consulting Association victims). The average claim has been estimated at £20,000, which values the current cases in excess of £17million. As this is the first wave of claimants, out of a possible 3,200 blacklisted workers, the total payouts the building firms could face exceeds £600million.

The blacklisted workers are being represented in the High Court by Sir Hugh Tomlinson QC, barrister to the stars in the News of the World phone hacking cases.

Mick Abbott, a 74-year-old ex-scaffolder, commented: “This nearly ruined my marriage and it meant that my children were on free meals at school. My file goes back to 1964 and the last entry says that I rekindled the campaign for justice for the Shrewsbury picketers in 2006. They have been watching me all these years and passing this information around, blighting my life over four decades.”

Steve Kelly (above), an electrician and spokesperson for the Blacklist Support Group said: “I was blacklisted because I was a union member and because I raised issues about safety. In 2007, [Sir Robert] McAlpine sacked me from the Colchester Barracks project after 2 days for refusing to work on a moving platform without proper training (exactly as we had been instructed in the site induction) – the dismissal is recorded on my blacklist file.

“Over the year I suffered severe financial strain, my wages were cut in half which caused immense stress paying bills and putting food on table. I was out of work for a year apart from few weeks here and there in 2001. Being sacked from Colchester Barracks after only two days piled up the stress and caused a nervous breakdown for me eventually.

“The blacklisting firms should be made to pay compensation for years lost and years in future. They should be made to employ blacklisted workers or not be awarded any public government backed contracts. An apology in national press and to individuals whose lives they ruined would be a start.”

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  1. By Morning Awful: Blacklist | Osborne Ink on 9 August, 2012 at 12:03 pm

    […] Forty-four UK construction firms paid a “consultant” named Ian Kerr to keep thousands of names on a worker blacklist. While the Information Commissioner broke up the concern in 2009, little has happened since then and Kerr has paid only a small fine. Now the affected workers have lost patience and started to sue: […]

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