Features

All fired up When a private investigator was fined £5,000 for running an illegal blacklist of over 3,000 construction workers, the real villains escaped justice. The construction industry’s major names had bankrolled and directed The Consulting Association, which in turn told them to steer clear of union activists – particularly those like Dave Smith who had made a stand on safety. Hazards 107, July-September 2009

In the firing line In the UK we have kinda, sorta rights. You can refuse dangerous work, but you can be fired for your trouble. You can speak up at work, but you risk being kicked out. Hazards calls for an end to this "protection racket" and says we'd all be safer if safety reps had more rights. Hazards 89, 15 February 2005

Victimisation: How to get safe, not sacked and what to do when things go wrong Everyone wants workplaces to be safer, right? And everyone thinks getting hazards remedied and dangerous work stopped is OK, OK? Well, not every employer thinks so, as thousands of workers find out each year. Mick Holder looks at how you can get fired up about safety without getting fired.
Hazards 79, July-September 2002 [pdf]

Resources

Hazards blacklist blog

National Whistleblower Center, USA

Victimised Whistleblowers' A Trade Union Perspective, London Hazards Centre

Public Concern at Work

Whistleblower Protection Blog, USA

News

Australia: Toyota faces legal action safety rep sackings
Toyota in Australia targeted safety reps and shop stewards for redundancy because of their union activity, industrial union AMWU has charged. AMWU’s David Smith said the treatment of unionised workers and health and safety representatives was disgusting and could have wider ramifications.
AMWU news release • Maurice Blackburn Lawyers news release • Google News • Herald Sun • Risks 553 • 28 April 2012

Britain: Full judgment exposes blacklisting scandal
A tribunal judge has issued a damning verdict on construction giant Carillion's use of blacklisting - and the weak laws which denied its victims justice. The judgment by Judge Snelson, which had been reserved from January, said: “It seems to us that he has suffered a genuine injustice and we greatly regret that the law provides him with no remedy.”
Blacklist blog • Morning Star • Risks 552 • 21 April 2012

USA: Republicans seek to silence whistleblowers
Republican lawmakers have indicated it is more important to let employers police themselves on workplace safety than it is to give workers protection when they blow the whistle on unsafe practices. In comments to Daily Labor Report last week, Republican Representative John Kline revealed Republicans are particularly opposed to the additional $4.9 million (£3.1m) for worker whistleblower protection and the $3.2 million (£2m) cut in the voluntary employer compliance program that was the hallmark of the Bush administration.
AFL-CIO Now blog • AFL-CIO Executive Council statement • Risks 548 • 24 March 2012

Britain: Cameron ignores call for a blacklisting public inquiry
The prime minister has said the police should investigate police complicity in the blacklisting of trade union and safety activists. The response came in parliament this week after two Labour MPs had called separately for a public inquiry into revelations from the Information Commissioner’s Office that information held by covert blacklisting outfit The Consulting Association could only have been provided by the police or security services.
Blacklist blog • Hansard, 15 March 2012 and 21 March 2012 • Construction Enquirer • 24 March 2012

Britain: Scrapping unfair dismissal ‘will horrify employees’
Government plans to scrap protection from unfair dismissal are a charter for nasty bosses, the TUC has indicated. TUC general secretary Brendan Barber said “while this proposal does nothing for growth, it does show the kind of economy those close to the prime minister want to create - one in which nasty bosses are given full license to undermine those trying to maintain decent standards.”
BIS news release and call for evidence • TUC news release • CIPD news release • BBC News Online • Risks 548 • 24 March 2012

Britain: Security services linked to blacklist of site reps
The police or security services supplied information to a blacklist funded by the country's major construction firms that has kept thousands of people out of work over the past three decades. It says the connection was made by the Information Commissioner's Office (ICO), which believes records that could only have come from the police or MI5 were included in a vast database of files held on 3,200 victims, most targeted for their trade union - and particularly safety - activities.
The Observer • Blacklist blog • Risks 546 • 10 March 2012

Britain: RMT demands publication of secret ‘RMT File’
Rail union RMT has demanded full disclosure of a secret ‘RMT File’ held by The Consulting Association. RMT general secretary Bob Crow said: “The Information Commissioner’s Office knows that an ‘RMT File’ exists in The Consulting Association records, as it is cross referenced in information from the construction industry files that we have in our possession.”
RMT news release • The Observer • Risks 546 • 10 March 2012

Britain: Blacklisting firm held file on oil industry academic
A secret blacklisting file opened on an academic who researched health and safety following the Piper Alpha oil rig disaster claims the offshore oil industry threatened to cut funding to his university if he “continued to cause problems”. Professor Charles Woolfson had published extensively on safety regimes in the North Sea while he was industrial relations professor at the University of Glasgow and wrote a well-regarded book, Paying The Piper.
Taking out the Trash blog • Risks 542 • 11 February 2012

Britain: Law fails blacklisted agency worker
The construction giant Carillion has admitted a construction worker was blacklisted because of his trade union activities and efforts to improve site safety, but has escaped responsibility because he was an agency worker. The revelation came during an employment tribunal brought against the firm by engineer and former UCATT safety rep Dave Smith.
Blacklist blog • Daily Mirror • Construction Enquirer • Morning Star • Socialist Worker • Risks 540 • 28 January 2011

Britain: LibDems oppose safety rep protection
LibDems in the European Parliament have voted with centre right parties to ensure the failure of a proposal to protect workplace safety reps from blacklisting and victimisation. The vote in Strasbourg followed a debate on a mid-term review of the European Union’s health and safety strategy.
Blacklist Support Group report • Risks 530 • 5 November 2011

Thailand: Union leaders fired for safety stand
Thailand’s state railway has dismissed seven union leaders who demanded urgent safety improvements. It follows an earlier ruling by the Thai Labour Court that the sackings could proceed, a decision condemned by union bodies worldwide.
Bangkok Post • Risks 525 • 1 October 2011

Cambodia: Union members ‘dismissed’ over safety fears
A garment factory hit by two mass fainting incidents in August has been accused of trying to get rid of workers who subsequently joined the Free Trade Union to push for better working conditions. FTU president Chea Mony has written to the Ministry of Labour alleging that 20 employees who had joined the union at the M&V factory in Kampong Chhnang province had been told their contracts were expiring at the end of September. Phnom Penh Post and related story • Risks 525 • 1 October 2011

Europe: MEPs back safer oil rigs with safety reps
Euro-MPs have called for tougher oil rig safety standards, support for elected offshore safety reps and job protection for safety whistleblowers. The overwhelming  602-64 vote of the European Parliament on 13 September also backed a call “on the industry to follow best practice on safety representatives,” adding “employees should be able to elect a safety representative who is involved in safety issues at all levels of the operational and decision-making process.”
European Parliament news release • Peter Skinner MEP news release • The Independent • Risks 523 • 17 September 2011

Britain: Judge backs worker against ‘blacklisting’ Carillion
Former site worker Dave Smith has won the latest stage of his legal battle against construction multinational Carillion. The case could set an important precedent as Mr Smith does not accuse the company of victimising him directly, but of enabling his victimisation by providing critical information to a covert blacklisting organisation.
Blacklist blog • Daily Mirror • Risks 521 • 3 September 2011      

USA: Hyatt hotel tries to fry workers
 Late in July, when hotel workers at the Park Hyatt Chicago hotel went on strike after nearly two years of fruitless negotiations, they set up a picket line at the front entrance. That’s when management turned the heat on, literally, by firing up 10 heat lamps in the awning above the entrance - on a day when the National Weather Service had issued an excessive heat warning for temperatures above 100 degrees.
Labor Notes. In These Times • AFL-CIO Now blog • CBS Chicago • Risks 517 • 6 August 2011

USA: OSHA plans to protect whistleblowers
Workplace safety whistleblowers will have greater protection from victimisation, the US government safety watchdog OSHA has said. It says new measures will improve investigator training and avoid long delays in completing investigations.
OSHA news release and whistleblower factsheet • FairWarning • Risks 517 • 6 August 2011

Thailand: ‘Disbelief’ at labour court safety ruling
Unions worldwide have responded with ‘shock and disbelief’ to a Thai Labour Court decision to allow the dismissal of seven leaders of the SRUT railway workers’ trade union for their part in safety-related industrial action two years ago. RMT general secretary Bob Crow said: “The decision of the Thai Labour Court is a politically motivated attack on a rail union that has done nothing other than fight for safety on their rail network.”
ITF news release and study of safety standards at SRT • ITUC news release • RMT news release • Risks 517 • 6 August 2011

Europe: Blacklisting campaign goes Europe-wide
UK anti-blacklisting campaigners believe a Europe-wide law banning the practice could have moved a step closer, after a top level meeting with European officials and politicians. A delegation of blacklisted trade unionists and safety representatives from the Blacklist Support Group held private talks in Brussels last week with EU commissioner for employment, social affairs and inclusion László Andor.
BSG news release • Blacklist blog • Morning Star • Risks 513 • 9 July 2011

Britain: Victimisation is money down the tube
London Underground (LUL) has thrown at least £250,000 down the Tube trying to defend its ‘indefensible’ victimisation of train operator Arwyn Thomas, the union RMT has estimated. Six-figure legal fees, management time spent preparing for and attending six days of tribunals, including senior managers on £600-plus a day, on top of Arwyn’s salary – paid on the orders of an interim hearing in January – add up at least to the cost of employing 20 modern apprentices for a year, the union says.
RMT news release • Risks 515 • 11 June 2011

Britain: Company's safety award is a 'joke'
Trade unionists have branded as ‘a joke’ the award of a prestigious health and safety prize to construction firm Balfour Beatty. The company received the Sir George Earle Trophy from the Royal Society for the Prevention of Accidents (RoSPA) despite being notorious for sacking and blacklisting health and safety reps.
RoSPA news release and Balfour Beatty award citation • Blacklist blog • Morning Star • Risks 507 • 28 May 2011

Britain: Tube movement as safety rep is reinstated
Tube union RMT has confirmed strike action by London Underground drivers due to commence next week has been suspended. The move follows an agreement with London Underground to re-employ unfairly sacked driver and RMT safety rep Eamonn Lynch, and agreement to hold further discussion aimed at resolving the unfair dismissal of sacked driver Arwyn Thomas in advance of his Employment Tribunal.
RMT news release and earlier release on Eamonn Lynch’s employment tribunal victory • BBC News Online • Risks 505 • 14 May 2011

Britain: Tube drivers vote to protect union reps
Members of the Tube union RMT have voted by almost two-to-one for strike action in defence of two union reps. The union says safety rep Eamon Lynch and fellow union rep Arwyn Thomas were targeted for their trade union activities, after challenging cuts that could turn the underground system into a “death trap.”
RMT news release • Risks 503 • 30 April 2011

Britain: Olympic site blockaded in blacklist protest
Union protesters blocked the entrance to London’s Olympic site last week in support of victimised construction worker Frank Morris. The Enfield-based electrician was shifted from his job at the prestigious media centre at the Olympic site after blowing the whistle on the use of an illegal blacklist on the construction project.
Blacklist blog • Morning Star • Risks 502 • 16 April 2011

Britain: Strike ballot on safety rep victimisation
Tube union RMT has served notice on London Underground (LU) it intends to ballot for strike action in an escalation of on-going disputes over the victimisation of union activists. One of the affected members, Tube driver Eamon Lynch, is the RMT Bakerloo Line drivers’ health and safety rep.
RMT news release • Risks 501 • 9 April 2011

Britain: Anti-blacklist demo targets Olympic site
Anti-blacklist protesters caused chaos outside London’s Olympic Park this week when they stopped deliveries getting onto the site for more than an hour. Traffic ground to a halt in Pudding Mill Lane on 1 March as demonstrators from unions and the Blacklist Support Group, backing fired electrician Frank Morris, crossed continually a zebra crossing near the site gates.
Blacklist blog • Construction Enquirer • Morning Star • Risks 496 • 5 March 2011

Australia: Court backs victimised safety rep
Australian shipping giant Patrick Stevedoring has been fined Aus$180,000 (£112,600) after it was found guilty of discriminating against a union safety rep who raised safety concerns. The worker, an experienced stevedore and an elected health and safety representative with the docks union MUA, raised concerns about the safety of a new basket-lifting technique on three occasions in 2007 and was subsequently threatened by a manager, then disciplined.
Herald Sun • ACTU news release • MUA news release • Transport and Logistics News • Risks 491 • 29 January 2011

Britain: RMT defends victimised safety rep
The sacking of an RMT safety rep has exposed London Underground’s (LU) “total contempt” for decent employment practice, his union has said. Train operator Eamon Lynch, who was the RMT Bakerloo Line drivers’ health and safety rep and who had a 15-year unblemished service record, was “very clearly victimised for his role as an RMT activist despite management’s bogus claims that they sacked him following an ‘operational incident’,” said the union.
RMT news release • Risks 487 • 18 December 2010

Britain: How to complain
With visits by inspectors few and far between, the only way that dangerous situations can be dealt with before someone in injured or made ill is either if there is a good union presence or if the problem is reported to the enforcing authority. The HSE has just published guidance on how to complain about a problem in your workplace, but recommends that first of all you should raise it with the employer and union.
HSE guidance • Risks 484 • 27 November 2010

Britain: Construction firm guilty of blacklisting
A major construction contractor has been found guilty by an employment tribunal of blacklisting a prominent trade unionist. Ashford Employment Tribunal ruled that Unite member Phil Willis, 61, had been unlawfully refused employment by CB&I because he was a member of a trade union and a prominent activist.
Unite news release • Thompsons Solicitors news release •   Morning Star • Construction Enquirer • Building • The Mirror • Blacklist blog • Risks 483 • 20 November 2010

Britain: London protest in support of Ark Tribe, 2 November
Construction safety campaigners are to mount a protest outside the Australian High Commission in London to protest at the victimisation of a union rep who is being prosecuted after making a stand on site safety. The 2 November event is in support of
Ark Tribe, a safety rep with the Australian construction union CFMEU.
‘Don't Jail Ark!’ campaign and “tell your mates” tool from Rights at Work. London protest in support of Ark Tribe, 4.15pm prompt, 2 November, Australian High Commission, The Strand, London • Risks 480 • 30 October 2010

USA: Whistleblowers need a new protector
An official US government report critical of the lack of protection provided to workplace safety whistleblowers has led to calls for a new agency to protect workers. The Government Accountability Office (GAO) report concluded the Occupational Safety and Health Administration (OSHA) had neglected its whistleblower protection role.
PEER news release • GAO report [pdf] • OSHA statement on the GAO report • ProPublica blog • Risks 475 • 25 September 2010

Britain: UCATT steps up blacklisting campaign
Construction union UCATT has stepped up its campaign to end blacklisting. The union’s motion at this week’s TUC Congress in Manchester, calling for the new regulations to ensure that blacklisting is finally made illegal once and for all, was unanimously carried.
UCATT news release • Risks 474 • 18 September 2010

Britain: Reinstatement demand for sacked whistleblowers
Construction union UCATT is pursuing legal action in support of members who were dismissed after raising serious safety concerns. The union says problems at the Velindre Electricity sub-station construction site in Swansea began in February 2010, when the workers were suspended by J2M - a consortium of Morrison Utility Services, Jacobs Engineering and Mitsubishi Electric.
UCATT news release • Risks 473 • 11 September 2010

Britain: Blacklisting case heads to full tribunal
An electrician blacklisted from the construction industry has won the right to take his case to a full tribunal. Steve Kelly, one of over 3,000 workers whose data was found on an illegal blacklist run by disgraced firm The Consulting Association, believes he was targeted because of his trade union health and safety activity.
Morning Star • Blacklist blog •  Risks 469 • 14 August 2010

Britain: Virgin shamed by assault victim firing
Rail union RMT could ballot staff for industrial action following the dismissal of a member who took a period of absence after an “horrific” on-train assault. RMT officials are preparing the ground for an “urgent ballot” of all on-train catering and train manager members [guards] at Liverpool Lime Street following the dismissal of Jackie Catterson.
RMT news release • Risks 468 • 7 August 2010

Britain: Blacklist bosses to be named and shamed
Construction bosses who personally sanctioned the use of blacklists in the industry are set to be named and shamed. A tribunal ruling means the Information Commissioner’s Office (ICO) must now reveal full details relating to a number of test cases – including invoices, correspondence and documentation detailing the business and organisational relationships between The Consulting Association and construction firms must be released under the terms of the ruling.
Construction Enquirer • Blacklist blog • Risks 458 • 29 May 2010

Britain: UCATT calls for more site protection
Construction union UCATT has vowed to keep the pressure on government over blacklisting and bogus self-employment.
Morning Star • Risks 457 • 22 May 2010

Britain: Site firms scoop blacklisting awards
Campaigners from the Blacklist Support Group provided some extra entertainment at the swish National Building Awards 2010 dinner at London’s Grosvenor House Hotel. The campaign presented its own alternative Blacklister of the Year Awards as the construction industry revellers assembled for the 22 April black tie event.
Blacklist blog • Risks 454 • 1 May 2010

Britain: Whistleblowing ETs could attract regulators
Employers that choose to dismiss or pay off workplace whistleblowers could face further investigation from 6 April, when the current bar on employment tribunals (ETs) revealing any details of whistleblowing allegations outside of the tribunal process is lifted. Under the new system, tribunals will be able to refer claims to the relevant regulatory authority, such as the Serious Fraud Office or Health and Safety Executive, for further investigation.
Personnel Today • Blacklist blog • Risks 450 • 3 April 2010

Britain: Work safety is a top whistleblower concern
The number of employees claiming to have been sacked, mistreated or bullied for exposing corrupt practices at work has increased tenfold over the last decade, according to official figures – and raising health and safety issues remains one of the top concerns. Blacklist blog • Risks 449 • 27 March 2010

Britain: New blacklisting regulations “too weak”
Construction union UCATT has said it is “bitterly disappointed” with the new anti-blacklisting regulations, repeating its warning the measures are so weak that they will not prevent blacklisting from occurring. Employment relations minister Lord Young announced the new measures, which came into effect on 2 March.
BIS news release • UCATT news release • Blacklist blog • Risks 446 • 6 March 2010

Thailand: Railway workers need support
An international campaign has been launched to support six Thai union officials who have been sacked after union members refused to drive trains they believed were unsafe. The action also happened after the Thai national rail company (SRT) had cut jobs.
Risks 443 • 13 February 2010

Britain: ‘Inadequate’ blacklisting law is delayed
Construction union UCATT says it has won a delay in the implementation of a blacklisting law, after raising concerns about the adequacy of the measures. The union says it wrote to and contacted directly members of the Joint Committee on Statutory Instruments, expressing “grave concerns” about the proposed law.
UCATT news release • Blacklist blog • Risks 441 • 30 January 2010

USA: Black workers put in radiation risk jobs
The Studsvik Memphis Processing Facility in Tennessee, a US company that processes nuclear waste, has agreed to settle compensation claims with black employees who were assigned to jobs with higher radiation exposures but who then had their dose meters doctored to show lower exposure levels. “Some of the discrimination allege d in this case is unusually extreme because of the physical danger it created for African American employees,” said Equal Employment Opportunity (EEOC) acting chair Stuart J Ishimaru.
EEOC news release • Memphis Commercial Appeal • UPI.com • Risks 440 • 23 January 2010

Britain: Blacklist law won’t end ‘despicable’ practice
Construction union UCATT has said it is ‘deeply disappointed’ with the government’s ‘fundamentally flawed’ blacklisting regulations. The union had told ministers the regulations as originally drafted would not end blacklisting and had hoped the government would revise the proposed law, but this has not happened.
UCATT news release • Building •  Blacklist blog • Risks 440 • 23 January 2010

Global: Construction blacklisting campaign goes global
Construction unions from around the world have backed proposals to stamp out blacklisting wherever it occurs. The decision was taken last week by the Building and Wood Workers International (BWI), which agreed to “monitor any developments on blacklisting discovered in BWI affiliate countries” and to “assist unions in taking action where there are suspicions of a blacklist or where blacklisting practices have been confirmed.”
UCATT news release • Blacklist blog • Risks 437 • 19 December 2009

Britain: Bishops should quit over victimised vicar
The resignation of two Church of England bishops has been called for by the union Unite. The union says they presided over ‘a culture of neglect and bullying’ in the Diocese of Worcester which drove a vicar from his parish and that this week saw him evicted from his home.
Unite news release • BBC News Online • Morning Star • Risks 437 • 19 December 2009

Britain: Blacklisting lawsuit could cost firms millions
Construction companies could be facing a bill of millions of pounds after a law firm revealed it was preparing a class action suit on behalf of blacklisted workers. A report in the trade journal Building says action will be brought against over 40 firms, including Balfour Beatty, Laing O’Rourke, Kier and Costain, who were found to be using an illegal blacklist uncovered by the Information Commissioner’s Office in February.
Building • Blacklist blog • Risks 436 • 12 December 2009

Britain: UCATT outrage at blacklisting law flaws
Construction union UCATT fears new regulations designed to outlaw blacklisting contain so many loopholes they will not deter the practice. The union says the government also failed to address “the routine blacklisting of safety representatives and campaigners, which was a notable feature of the Consulting Association’s blacklisting practices.”
UCATT news release. Blacklist blog • Risks 436 • 12 December 2009

Britain: Government announces blacklisting plans
It will be unlawful for trade union members to be denied employment through blacklists under plans outlined by employment relations minister Lord Young. He said the new law will ban employers from blacklisting workers for their trade union membership or activities.
BIS news release and full government response to the blacklisting consultation [pdf] • Blacklist blog • Risk 435 • 5 December 2009

Britain: Unions welcome ‘overdue’ rules
Unions have given a qualified welcome to new regulations intended to outlaw the blacklisting of trade unionists. The laws, which need parliamentary approval before taking effect, were announced on 2 December by employment relations minister Lord Young.
UCATT news release • Unite news release • Blacklist blog • Risk 435 • 5 December 2009

Britain: Skanska’s ruse to evade blacklist blame
Building firm Skanska, the construction giant that last year ran up the largest single bill for use of The Consulting Association’s blacklisting services, has resorted to a novel defence of the illegal practice. It claims it used the blacklist of construction workers to vet employees for a history of violence and drug or alcohol abuse – a claim dismissed out of hand by those who have obtained their files.
People Management • Blacklist blog • Risks 434 • 28 November 2009

Britain: Blacklisting is a human rights abuse
Nearly 10 months after it was confirmed by the Information Commissioner that blacklisting in the construction industry was rife, something common knowledge for decades among trade union reps in the sector, new laws outlawing the practice are in preparation and the victims featured on the blacklist have started their tribunal cases.
Guardian Work • FACK news release • Blacklist blog and related posting • Morning Star • Risks 434 • 28 November 2009

Britain: RMT members were on the blacklist too
Members of a third trade union have been revealed as being victims of the infamous construction industry blacklist. A report in Tribune magazine says of the 238 files released so far, most have been on members of UCATT and Unite – but now it turns out that some RMT members were blacklisted as well.
Tribune magazine • Blacklist blog • Risks 433 • 21 November 2009
Event: Manchester TUC ‘Fighting the Blacklist’ meeting, 7.00pm, Monday 23 November, Mechanic's Institute, 103 Princess Street, Manchester M1 6DD (entrance Major Street).

Britain: UCATT protests against the blacklist
Construction union UCATT will hold a demonstration in support of victims of blacklisting outside of Manchester Employment Tribunal on 24 November. A tribunal will be hearing the initial cases of blacklisted construction workers.
UCATT news release • Blacklist blog • Risks 433 • 21 November 2009
Protest: 9.30am, Tuesday 24 November, Manchester Employment Tribunal, Alexandra House, 14-22 Parsonage, Manchester M3 2JA.

Thailand: ITF steps up rail sackings protests
The sacking of Thai rail workers for raising safety concerns has spurred a global campaign for their reinstatement. Managers at the State Railway Corporation of Thailand dismissed six SRUT union committee members and said they planned to sack a further eight union leaders in the escalating row over rail safety.
ITF news release and update • You can help! Send a protest letter to the State Railway Corporation of Thailand • Risks 432 • 14 November 2009

Britain: Members back bullying whistleblower
Staff at Wrexham's Glyndwr University have voted “overwhelmingly” for strike action in support of a lecturer who was fired after whistleblowing about management bullying. The University and College Union (UCU) says members at the university also voted for action other than a strike in support of Hamish Murphy.
UCU news release • BBC News Online • Risks 432 • 14 November 2009

Britain: Agencies in asbestos jobs blunder
Eleven employment agencies have been warned by the Employment Agency Standards inspectorate (EAS) after advertising for asbestos removal workers without properly checking the health and safety implications. EAS said it acted swiftly on a tip off that agencies were advertising vacancies for asbestos removal workers without having the proper Health and Safety Executive (HSE) licenses.
BIS news release • EAS webpages • Risks 431 • 7 November 2009

Britain: Judge rejects SSE’s ‘paranoid’ terror claims
Power company Scottish and Southern Energy (SSE) has failed in a High Court bid to use the Prevention of Terrorism Act against a dismissed worker in an attempt to stop anti-blacklisting protests outside its power station construction site.
BBC News Online • Blacklist blog • Manchester Evening News • Risks 429 • 24 October 2009

Britain: Push to strengthen blacklist law
Construction union UCATT has enlisted the help of a group of Labour MPs in a move to pressure the government to beef up the draft regulations designed to outlaw blacklisting for trade union activities. The MPs agreed to take this action at the 20 October parliamentary launch of ‘Ruined Lives’, a UCATT-commissioned academic report that argues the proposed anti-blacklisting regulations need major improvements.
UCATT news release • Blacklist blog •  Blacklisting ruins lives, EDM 2093 • Contract Journal • Risks 429 • 24 October 2009

Britain: Call for blacklisting inquiry
The author of a UCATT response to the government’s plans for legislation to combat blacklisting of trade unionists for their safety and other union activities has said the proposed measures “are hardly worth the paper they are printed on”. Keith Ewing, professor of public law at King’s College London, said: “The proposed regulations as put out to consultation by BIS are so full of holes that they are hardly worth the paper they are printed on.”
The Morning Star • Blacklisting blog • Contract Journal • Risks 427 • 10 October 2009

Britain: Wider action needed on blacklisting
Workers found to have been blacklisted for their safety and trade union activities should be told about the listing and should be compensated, a report for construction union UCATT has recommended. ‘Ruined Lives’ was submitted as evidence to the government’s consultation on blacklisting.
UCATT news release • Blacklist blog • Risks 424 • 19 September 2009

Britain: Judge proposes blacklist test cases
Workers who are taking legal action against employers on the grounds that they were refused employment after being blacklisted for their trade union and safety activities may have their fate decided by three test cases in north-west England.
Building • Blacklist blog • Risks 424 • 19 September 2009

Britain: Blacklist protest at major site
Building workers who claim they are being denied jobs because of an illegal blacklist protested last week outside a £350m shopping development. The Unite members believe their union activities are being used against them by firms involved in the Rock Triangle project in Bury, Greater Manchester.
Contract Journal • BBC News Online and related BBC video clip • Blacklist blog • 5 September 2009

South Africa: Safety protest workers are safe
Paper workers in South Africa who were under threat of dismissal after a safety dispute are to retain their jobs after a union campaign. The dispute between pulp and paper manufacturer Sappi and the union CEPPWAWU at the company’s Enstra mill was resolved early in August.
ICEM news release • Risks 421 • 29 August 2009

Britain: Jail threat vital to deter union blacklists
Employers and consultants who blacklist trade unionists should face the full weight of the criminal law including the ultimate sanction of imprisonment, a top law firm has said. Employment law experts Thompsons Solicitors has told business secretary Peter Mandelson that the civil law sanctions proposed by the government in its consultation on the prohibition of blacklisting are “wholly inadequate” to deal with such a fundamental attack on human rights and freedoms.
Thompsons Solicitors news release and full response by Thompsons Solicitors on The Blacklisting of Trade Unionists: Consultation on the Revised Draft Regulations • Blacklist blog • Risks 421 • 29 August 2009

Britain: Union call for tougher blacklist action
A union has called for action against unpunished blacklist users after the Information Commissioner’s Office served enforcement notices on just 14 of the subscribers to a covert blacklisting operation. The regulator said it could not take action against other 30 contractors who paid in to The Consulting Association as it did not find enough evidence against them.
Construction News • Blacklist blog • Risks 419 • 15 August 2009

Britain: Blacklist blog
Hazards magazine’s ‘blacklist blog’ is tracking the use of covert surveillance data against trade unionists – it’s a health and safety story because union health and safety activity or even concern appears to be a fast track to blacklisting, with union safety rep credentials a regular feature in blacklist dossiers. Hazards is also concerned that other seemingly legitimate outfits – management consultants and law firms, for example – may be providing blacklisting advice as part of “union avoidance” services.
Blacklist blog and related feature on the wider blacklisting concerns • Risks 418 • 8 August 2009

Britain: Construction firms “owned” blacklister
A covert operation that blacklisted trade unionists was more organised than previously thought, according to confidential internal documents. The Consulting Association was shutdown in February by the Information Commissioner for breaches of the Data Protection Act after providing construction firms with dossiers on safety and other activities by trade unionists.
The Guardian • Blacklist blog • Risks 418 • 8 August 2009

Britain: Trade in personal data cost livelihoods
Privacy watchdog the Information Commissioner’s Office (ICO) has served enforcement notices on 14 construction firms following breaches of the Data Protection Act. The firms were all subscribers to a covert blacklisting service provided by The Consulting Association, shutdown in February by the ICO.
ICO news release [pdf] • Blacklist blog and events listing • Morning Star • Construction News • Building • Risks 418 • 8 August 2009

Britain: Blacklisted workers form action group
An informal support network for building workers blacklisted for their trade union and safety activities has been established following a meeting last week at Westminster. Labour MP John McDonnell hosted the meeting at the House of Commons, at which a decision was made to set up the Blacklist Support Group.
Building • Construction News and related article on payments to The Consulting Association • 1 August 2009

Britain: Blacklisting site firms evade justice
The private investigator whose company traded in illegally held information on over 3,000 trade unionists has received a small fine – and the firms that bankrolled and used the service are to escape scot free. A judge fined Ian Kerr, the man who ran covert blacklisting outfit the Consulting Association, £5,000 and ordered him to pay the Information Commissioner’s Office’s (ICO) costs of £1,187.
ICO news release [pdf] • The Guardian • The Times • Contract Journal • Construction News • Risks 416 • 25 July 2009

[victimisation]Britain: Unions condemn 'totally inadequate' fine
Unions have condemned as 'totally inadequate' the fine of £5,000 levied on company boss Ian Kerr who admitted running an illegal blacklisting service. TUC general secretary Brendan Barber said: “Thousands of trade unionists have been unable to work as a result of this man's activities, and may struggle to get work in the future.”
TUC news release • UCATT news release • Construction News • Risks 416 • 25 July 2009

Australia: Union official faces jail threat
A West Australian construction union official says he is prepared to go to jail in his continuing safety campaign for union members. Joe McDonald, the assistant secretary of the Construction, Forestry, Mining and Energy Union (CFMEU) was fined Aus$10,000 (£4,880) by a Perth magistrate for unlawfully entering three building sites two years ago.
ABC News • Risks 415 • 18 July 2009

Britain: Unions welcome blacklisting ban plan
Unions have welcomed a government decision to push ahead with a ban on blacklisting of trade union activists.
Unite news release • UNISON news release • Usdaw news release • UCATT news release • Construction News • Risks 414 • 11 July 2009

Britain: Moves to outlaw blacklisting by bosses
The government has launched a consultation on new regulations that will make it unlawful for trade union members to be denied employment through secret blacklists.
Ministers say they plan to seek parliamentary approval for the regulations in the autumn and to implement them as soon as possible after that.
BIS news release and consultation [pdf] • TUC news release • The Guardian • Risks 414 • 11 July 2009

Global: Urgent! Tell Sappi to stop safety victimisation!
Global union federation ICEM is renewing its call for support for 42 Sappi workers in South Africa, victimised after making a stand on safety and who now face renewed disciplinary action on 7 July. Among other measures, management at the paper and pulp multinational has suspended all 19 shop stewards at the paper mill.
ACT NOW! ICEM call • The global union federation is urging people and organisations to send letter of protest to Sappi managers John Rowland, Andre Oberholzer, Dinga Mncube and Dave Glazebook • Risks 412 • 4 July 2009

Britain: McAlpine denies union blacklist claim
Sir Robert McAlpine, a top contributor to the coffers of an illegal blacklisting operation, is denying claims that it used a blacklist to refuse work to a former bricklayer. UCATT activist Mick Dooley launched a claim against McAlpine in the wake of the blacklisting scandal which engulfed the industry earlier this year.
Contract  Journal • 4 July 2009

Britain: Don’t let them victimise safety rep Penny!
A trade union safety rep was fired in May - just for trying to keep her workplace safe. Penny Gower, an EIS activist was summarily dismissed by Carnegie College in Dunfermline after she undertook a workplace health and safety inspection, a core, legally protected, safety rep function.
Email messages of protest to Carnegie College management and copy to Penny’s EIS branch • Scottish Educational Journal, EIS, June 2009, page 12 [pdf] • Risks 412 • 27 June 2009

UCATT wins blacklist data battle
Construction workers who have been blacklisted will have more time to access their records following the direct intervention of construction union UCATT. In March the Information Commissioner revealed that over 40 major construction companies were using the services of the Consulting Association to blacklist workers, commonly because they had raised concerns about site health and safety.
UCATT news release • Risks 412 • 27 June 2009

Global: Help South Africa's Sappi workers!
Sappi, the global pulp and paper giant, has suspended 19 shop stewards in South Africa who stood up for a worker who refused dangerous work. Their union CEPPWAWU and the global union federation ICEM are asking for your support in urging management at the Enstra mill to reinstate the workers and drop disciplinary proceedings.
ICEM briefing • Send an email letter of protest to Sappi CEO Ralph J Boëttger and copy it to ICEM • Risks 411 • 20 June 2009

Britain: Food workers welcome gangmaster action
A crackdown on abusive gangmasters has been welcomed by a food union. GMB was commenting after two gangmasters has their licences revoked.
GMB Universal Services Ltd news release and GMB Saphire news release • GLA news release • Risks 409 • 6 June 2009

Britain: ‘Gutless’ blacklister sent to the Crown Court
Construction union UCATT has “warmly welcomed” the decision to refer blacklister Ian Kerr to the Crown Court for sentencing. The private investigator, who did not attend this week’s hearing at Macclesfield Magistrates Court, pleaded guilty to running an unlawful blacklisting service on building workers.
UCATT news release • ICO news release [pdf] • The Guardian • Contract Journal • Risks 408 • 30 May 2009

Britain: Skanska promises to stop blacklisting
Site union UCATT has won a commitment from construction multinational Skanska that no form of blacklisting will be tolerated on their sites and that an investigation will be launched into their past conduct.
UCATT news release • The Observer • Contract Journal • Risks 408 • 30 May 2009

Britain: Action call on construction gangmasters
Migrant worker abuse in the construction industry must be tackled within two years or the gangmaster law should be extended to cover the sector, a government select committee has recommended. The recommendation of the Home Affairs Select Committee has been welcomed by unions, but they say action should not be delayed.
The Trade in Human Beings: Human Trafficking in the UK, Home Affairs Committee - Sixth Report • UCATT news release • Unite news release • Risks 407 • 23 May 2009

Britain: Victimised union activist seeks justice
Construction giant Sir Robert McAlpine is facing a compensation claim from a blacklisted bricklayer who believes he was turned down for work by the company. UCATT activist Mick Dooley has lodged his claim with the Employment Tribunal.
Contract Journal • People Management • Risks 406 • 16 May 2009

Britain: UCATT welcomes blacklisting action
Construction union UCATT has welcomed the government’s commitment to outlaw blacklisting but says it is disappointed that the process will be delayed as a result of a fresh consultation exercise. The Information Commissioner announced in March that over 40 major construction companies were paying a company called the Consulting Association to routinely blacklist workers.
UCATT news release • Construction News • Morning Star • Risks 406 • 16 May 2009

Britain: Move to stop blacklisting of union reps
The government intends to introduce new regulations to prevent union members being denied employment by secret blacklists, business secretary Peter Mandelson has said.
BERR news release • Personnel Today • BBC News Online • The Guardian • Risks 406 • 16 May 2009

Britain: Government to review blacklisting
Following revelations that many construction companies have been subscribing to a blacklisting service that includes information on safety representatives in the industry, the government has confirmed that it will urgently review whether to outlaw blacklisting after allegations of its widespread practice in construction.
Contract Journal • Risks 404 • 2 May 2009

Britain: Government pledge to end blacklists
The government has pledged to put an end to blacklisting of safety reps and other union activists. Harriet Harman, deputy leader of the Labour Party, told the House of Commons: “I don't think a trade union health and safety representative should find they are on a blacklist and will never be able to work again.”
UCATT news release • Contract Journal • Building • Construction News • The Scotsman • The Guardian • EDM 1020 - Blacklisting in construction • Risks 398 • 21 March 2009

Britain: Law needed to outlaw blacklisting
Unions have called for the urgent introduction of new laws to protect workers from blacklisting. Regulations were due to be introduced a decade ago, but where shelved when the government said there was insufficient evidence the practice took place.
TUC news release • UCATT news release and related release • Unite news release • RMT news release • STUC news release • Risks 397 • 14 March 2009

Britain: Action threat over employee blacklist
The glittering list of contractors accused of using a ‘construction blacklist’ to vet potential employees are bracing themselves for the legal and political fallout. Unions UCATT and Unite are both seeking legal advice on suing some of the 45 contractors named in the list, while Labour MP Michael Clapham has tabled an Early Day Motion deploring the existence of the list.
ICO news release [pdf] • briefing on the Consulting Association and related ICO enforcement notice [pdf] • Construction News • The Guardian and related story and audio report • BBC News Online • Contract Journal and related story • Financial Times • The Times • The Telegraph • Risks 397 • 14 March 2009

Britain: Sick sacked RMT activist wins round one
A train driver who is also a prominent activist in his union has won the first round of his battle to reverse his dismissal. RMT union rep Derrick Marr was fired by train-operating company National Express East Anglia, ostensibly on health grounds but the union argued he had been victimised for his union activities.
RMT news release • Risks 394 • 21 February 2009

Britain: Payout for fired flea bitten whistleblower
A woman who was dismissed from her job as a waitress at Hafan y Môr holiday centre in Pwllheli after raising health and safety concerns has won an unfair dismissal claim. A tribunal accepted Maria Moon, 46, had been sacked because she raised health and safety issues after suffering flea bites in the chalet where she lived.
BBC News Online • Risks 393 • 14 February 2009

Britain: Payout for railway injury whistleblower
A rail worker has been awarded £200,000 in compensation for being sacked after he blew the whistle on a manager who asked him to lie about a workplace injury. Jim Glencross, 58, from Carlisle, said Network Rail sacked him because he reported unsafe working practices which led to a colleague being injured.
Cumberland News • BBC News Online • Risks 390 • 24 January 2009

USA: Starbucks payout for victimised barista
Global gourmet coffee chain Starbucks has been ordered to reinstate an employee who was fired after raising safety concerns and to pay him back wages. Starbucks was found to have unlawfully terminated the barista in retaliation for filing a complaint about a perennially leaking roof.
Grand Rapids Starbucks Workers Union news report • Risks 387 • 20 December 2008

Britain: Strike threat over victimised safety rep
Around 2,500 Tube infrastructure workers at Metronet are to be balloted for industrial action following the victimisation of an RMT safety rep. RMT is also angry at the company’s “dangerous plans” to reduce signals maintenance and attempts to impose rosters.
Risks 376 • 4 October 2008

Britain: Language classes make workers safer
Refuse workers in Brighton are being given English lessons in a union-backed initiative that has led to a dramatic improvement in safety. So many of the 400 staff at Brighton and Hove City Council’s Hollingdean depot were being injured that bosses and union officials teamed up to run the language classes; as a result of the training, the accident rate has plummeted.
Risks 374 • 20 September 2008

Britain: Vulnerable workers need better protection
Unions have called for a tranche of measures to provide better protection for vulnerable workers. A motion from retail union Usdaw agreed at the TUC Congress 2008 this week said there must be effective enforcement of rights to protect vulnerable and agency workers.
TUC CoVE • Risks 373 • 13 September 2008

USA: Toxic mine whistleblower wins appeal
A federal review panel has ruled that a US government agency illegally dismissed a manager overseeing the cleanup of a toxic mine site for raising serious worker safety, radiation, air and water pollution problems.
Risks 272 • 6 September 2008

Britain: Most workers won’t blow the whistle
Fewer than one in every three workers would blow the whistle on their employer if they broke health and safety laws, according to the Institution of Occupational Safety and Health (IOSH). A YouGov poll commissioned by IOSH found that only 28 per cent of people would report their company or organisation to the Health and Safety Executive (HSE) if it was in breach of health and safety legislation.
Risks 272 • 6 September 2008

Britain: Tube staff attacked at attack sacking protest
A man was arrested by plain clothes police following an attack on striking station attendants protesting at the victimisation of a colleague after he suffered a violent attack at work. Around 100 RMT members at Elephant and Castle, Charing Cross and Lambeth North Tube stations took 24 hour action on 28 July to demand the reinstatement of Jerome Bowes, dismissed after defending himself against a violent assault on New Year’s Eve.
Risks 367 • 2 August 2008

Europe: Lidl accused of spying on its staff
German supermarket group Lidl has denied that it spied on its staff, but has admitted that it placed secret cameras in its stores. The multinational company, which also confirmed it had employed private detectives, insisted that it carried out the measures simply to combat shoplifting.
BusinessWeek • The Times • Risks 350 • 5 April 2008

Britain: Workforce faces monitoring stress
Millions of employees are suffering exhaustion, work-related anxiety and a deteriorating family life as a result of intrusive workplace surveillance, according to extensive surveys of both employers and employees funded by the Economic and Social Research Council. The researchers say rising work strain is being caused by the use of information and communications technology (ICT) to monitor and check work continuously.
PSI news release • Better opportunities, greater pressures for Britain’s employees, summary [pdf] • Hazards magazine workplace surveillance webpages • Risks 338 • 12 January 2008

Britain: Unite secures pay for victimised TNT rep
Giant courier company TNT has been forced to continue paying a Unite member who was victimised for his union activity and fired after being injured at work. After repeated objections to his election as a shop steward, the company sacked Dave Reeves before Christmas, claiming that an accident in which he sustained shoulder and back injuries, and for which he had not claimed any compensation, was a fake.
Unite news release • Risks 338 • 12 January 2008

Council threatens to sack trade union steward seriously hurt at work
UNISON slams a heartless employer who gave union rep a final written warning after he was badly injured doing his job.
Hazards news, 5 October 2005

Hopping mad union attacks “kangaroo courts” Trade union members donned convict outfits on 2 March 2005 and chained themselves together outside Tower Hamlets town hall after council bosses put two union safety activists before “kangaroo courts”. The union says that John Gray, who is the branch’s joint health and safety officer, was targeted the day after serving a “Union Safety Inspection Notice” on workplace stress on Tower Hamlets CEO Christine Gilbert.
Tower Hamlets UNISON news release and “Hands off our union” background document Hazards news, 2 March 2005

Hazards victimisation news archive