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New blacklisting regulations “too weak”

Construction union UCATT has said it is “bitterly disappointed” with the new blacklisting regulations, 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. He said: “Blacklisting someone because they are a member of a trade union is underhand, unfair and blights people’s lives.

“The new regulations outlaw the compilation, dissemination and use of blacklists. They have been designed to build on existing protections in the area, which are found in trade union and data protection law, Good employers who operate fair and open vetting processes have nothing to fear from these regulations.” He added: “I am confident that this new piece of legislation will bring to an end the disreputable practice of blacklisting once and for all.”

The regulations:
* make it unlawful for organisations to refuse employment or sack individuals as a result of appearing on a blacklist;
* make it unlawful for employment agencies to refuse to provide a service on the basis of an individual appearing on a blacklist; and
* enable individuals or unions to pursue compensation or solicit action against those who compile, distribute or use blacklists. 

However, Alan Ritchie, general secretary of UCATT, said these measures were insufficient, and said the government had ignored its call for the regulations to be beefed up. “Fortunately for Lord Young blacklisting doesn’t occur in the House of Lords but ordinary construction workers are not so privileged,” he said.

UCATT argued that the regulations were deficient because they did not make blacklisting a specific criminal offence and only prevented workers from being blacklisted for undertaking, the narrowly defined, “trade union activities”.

The union adds that the regulations also fail to grant an automatic right to compensation for any worker who discovers that they have been blacklisted. If a blacklist is discovered workers will not be automatically told that they had been blacklisted.

Mr Ritchie said: “Cynical construction employers will recognise the weakness of the regulations and could continue to blacklist workers. They know that they are unlikely to get caught and if they do they will merely get a slap on the wrist. UCATT will continue to campaign to have the regulations overhauled so that they are truly effective in stamping out this despicable practice once and for all.”

In March 2009, the Information Commissioner reported that 40 construction companies had subscribed to a database used to vet construction workers, which has now been closed under data protection law.  On 16 July last year, Ian Kerr, a former Special Branch officer and the individual who operated the database, was fined £5,000 at Knutsford Crown Court for committing a criminal offence under data protection law.

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… and now on Facebook

The Blacklist Support Group now has a dedicated Facebook group. Join it now to get latest updates from the campaign that is keeping tabs on those keeping tabs….

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Police give back confiscated banners

Police have caved in and agreed to hand back banners confiscated by security guards on 7 February from the Fiddlers’ Ferry protesters.

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Defend Steve Acheson: Protest, 16 February

Message from the Blacklist Support Group

“Manchester Campaign Against Blacklisting has called for a peaceful protest at Fiddlers Ferry next Tuesday 16th from 7 am to support Steve Acheson against the latest (probably illegal) actions from the power station security in taking down Steve’s banners, then taking them from him – all under police protection.

“Legal advice from a lawyer specialising in human rights law indicates that they had no right to take down the banners; as they were tied on the fence there was no criminal damage, and although the power station Head of Security said they were defamatory, that is a civil not a criminal matter.  Also to take someone’s property like that is a form of theft, even if supervised by a police officer.”

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‘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. It says when the committee met on 20 January to consider the regulations, a decision was made to delay ratifying the regulations for a week, as the committee were concerned that the proposals do not comply with human rights obligations.

UCATT general secretary Alan Ritchie said: “The pause in the parliamentary process is welcome. Outlawing blacklisting is a fundamental issue for UCATT. The government now has the opportunity to rethink and redraft regulations which as they stand are entirely inadequate to stamp out blacklisting.”

The union wants the law amended to make blacklisting a criminal offence and for a wider definition of the “trade union activities” falling in the scope of the measures. It also wants workers to be told automatically if their details are discovered to be on an illegal blacklist.

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Blacklist law won’t end ‘despicable’ practice

Construction union UCATT has said it is ‘deeply disappointed’ with the UK 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 says the regulations fail to make blacklisting a criminal offence, despite the government in 1999 promising to introduce such measures. It adds the regulations only cover the limited definition of “trade union activities” and specifically rule out protecting workers involved in “unofficial industrial action” from being blacklisted.

UCATT is also concerned that, under the regulations as they stand, “workers who downed tools due to safety concerns or who refused to undertake overtime, could be legally blacklisted”. Many of the 3,000-plus construction workers listed on industry blacklist uncovered last year were targeted for their safety activities.

The regulations also fail to provide automatic compensation for any blacklisted worker and workers on a blacklist are not entitled to be automatically informed of the fact, the union adds.

UCATT has also expressed dismay that in certain circumstances companies will still be legally able to draw up lists of trade unionists for recruitment practices, something it dubs “backdoor blacklisting”.

UCATT general secretary Alan Ritchie said: “The blacklisting regulations are fundamentally flawed. It is deeply disappointing that the government has failed to listen to the genuine concerns of trade unionists and have failed to make the appropriate amendments to the regulations.”

The regulations were laid before parliament on 5 January. They need to be agreed by both Houses of Parliament before they can be enacted into law.

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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), the global federation of construction unions, at its conference in Lille, France.

The union representatives supported overwhelmingly an emergency motion proposed by UK site union UCATT. UCATT’s motion mandates the leadership of the BWI to “monitor any developments on blacklisting discovered in BWI affiliate countries” and, “assist unions in taking action where there are suspicions of a blacklist or where blacklisting practices have been confirmed.”

Alan Ritchie, general secretary of UCATT, said: “I am delighted that the BWI are committed to stamping out blacklisting wherever it exists. Blacklisting is a disgraceful, deceitful practice which ruins the lives of workers.”

UCATT says some of the companies involved in widespread blacklisting of construction trades unionists in the UK, uncovered by the Information Commissioner in February, are multinationals. It has emerged that many of these companies practice exemplary industrial relations policies in some countries, while undertaking entirely unethical practices in others.

The union says it has been working with construction unions in other countries to highlight abuses and pressure companies at an international level to amend their policies.

Anita Normark, the out-going BWI general secretary, said: “Blacklisting is an obscene anti-union practice used by unscrupulous companies all over the world to deprive workers of their rights and to rob trade unionists of their livelihood. We condemn blacklisting and believe that it should be punishable by law.”

Alan Ritchie added: “Having been at the forefront of the blacklisting scandal in the UK, UCATT are committed to assisting our sister unions in overcoming similar problems in their own countries.”

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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. It says the proposed measures appear “to give the green light to employers to blacklist in certain circumstances.”

UCATT had argued the regulations should not just make it illegal to blacklist for “trade union activities” but should prevent blacklisting for “activities associated with trade unions”. It says the government has totally ignored this, which could leave workers vulnerable to blacklisting, with the risk “clearest in the event of workers stopping work due to serious safety concerns.”

Alan Ritchie, general secretary of UCATT, said: “Not only are these regulations entirely inadequate, the government’s consultation response favours the continuation of blacklisting in certain circumstances.” 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 is concerned with the government’s statement “does not consider that a safety exemption should be created.”

It says it is “highly disturbed” that the failure to specifically protect safety representatives and the allowance of “vetting” for activities other than trade union matters, will mean that these workers will continue to be considered by employers to be “troublemakers” and “undesirable people” and as such will continue to be blacklisted.

The union says it will be working with sympathetic Labour MPs “to have the regulations radically overhauled.”

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Blacklisted 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 the illegal blacklist that was uncovered by the Information Commissioner’s Office in March.

The formation of the Blacklist Support Group in July prompted workers to contact the law firm Guney Clark & Ryan. They say they have now received files from around 40 workers and expected to be representing 100 by Christmas.

The case is being brought under the Data Protection Act. Sean Curran, a partner at Guney Clark & Ryan, said it was difficult to quantify how much each worker could hope to win, but it is understood that, should the lawsuit succeed, individuals can expect a sum between £10,000 and £100,000. Some workers could receive up to £400,000.

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‘Disgraceful’ blacklisting rules slammed

A top employment law expert has said the blacklisting law the government is now seeking to introduce is a “disgrace” and “not worth having.”

Professor Keith Ewing of Kings College London, the author of the UCATT commissioned report Ruined Lives: blacklisting in UK construction industry, said: “The government’s response is disgraceful. There has been no consultation. Consultation means engaging in a process with an open mind. They have not changed their mind on anything of substance and have allowed themselves to be driven by the few employers who responded.”

A Blacklist Support Group spokesperson said the rules now going before parliament are “virtually the same as the original regulations the government introduced.” He said the only positive change appears to be a minimum award of £5,000 for any future blacklisting claims won at an employment tribunal.

He expressed dismay that the government instead backs a call from the employer lobby to allow the use of lists for ‘vetting’ workers, so long as it is not illegal or not because of trade union membership, something also condemned by Professor Ewing.

The professor said this “extraordinary statement” on vetting and the failure of the government to listen to submissions from blacklisted workers and unions mean “in their present form the regulations are not worth having; they change nothing, give no new rights, and it’s is a delusion to think otherwise.”

Families Against Corporate Killing (FACK) spokesperson Hilda Palmer also expressed disappointment with the proposals. “It only talks about trade union members – the regulations must refer to all workers,” she said: “We also called for any firm found guilty of blacklisting to be debarred from bidding for government contracts and for penalties to be much more severe.”