Blacklisters apologise, but don't admit liability

TODAY EIGHT of the biggest firms in the British building trade have issued a statement, the companies - Balfour Beatty, Carillion, Costain, Kier, Laing O'Rourke, Sir Robert McAlpine, Skanska UK and Vinci - said they all apologised 'for their involvement with TCA (The Consulting Association) and the impact that its database may have had on any individual construction worker'. 

This is a lame and late apology for their involvement with an organisation that kept the list but they have not admitted legal liability. 

 

The reason these top companies have issued an 'apology' is because of a raid by the Information Commissioner's Office in 2009 on an office in the Midlands in which a blacklist containing over 3,200 names of workers with their personal details was uncovered.  The list was held by a company called The Consulting Association (TCA).  At that time over 40 companies were affiliated to the TCA and paying for the blacklist facility.  
 

Now while these construction firms have not admitted liability for any involvement in blacklisting, they are asking unions to work with them to establish a compensation scheme.  They have now suggested that they would support the introduction of a code of conduct 'to ensure nothing like this can happen within the industry again'.

Many on the list were members of unions, some had simply raised health and safety concerns on sites.  

Today, Justin Bowden, national officer for the GMB union, said the next step for the companies was to 'clean up and pay up'.  Additionally saying:  'The victims and their families will either be fairly compensated including the offer of jobs or GMB will ensure justice for its members through the High Court.' 
 

Today another union, Unite, put up their assistant general secretary Gail Cartmail who said:

'It must be a priority to get blacklisted workers back into work. Unite is calling on contractors to employ and where relevant, support the up-skilling of blacklisted workers. Many of these workers have spent years out of work as a result of being blacklisted. Employers have a moral duty to give them back the jobs that were wrongly taken away from them.'

 

Some people on the TCA blacklist still don't know they were on it, and though the employers have assured the unions that the blacklist is no longer being used many trade unionist believe that there is still a blacklist in the British building trade because old habits die hard.  Many of the more militant trade unionists who were blacklisted may still want there day in Court. 

 

The Blacklist Support Group believes the only reason why the blacklisting firms are offering a compensation scheme now is because of the unrelenting campaign, political exposure and especially the impending High Court claim being brought by Guney Clark and Ryan solicitors supported by the Blacklist Support Group. The Blacklist Support Group in a statement today argues:

'so far undisclosed documentary evidence we have amassed for the High Court claim will expose the entire conspiracy. It is no coincidence that all of the companies signed up to Blacklisting Compensations Scheme are named defendants in the High Court claim. This is a cynical move intended to reduce corporate reputational damage.'

 

Sean Curran - partner at Guney Clark & Ryan solicitors for the High Court claim has said:

'GCR cautiously welcomes the proposal for an industry wide compensation scheme. Our primary commitment is to achieve justice for the Claimants we represent and we will not be diverted from this aim. We make it clear that we will not consent to any agreement that does not properly reflect the serious emotional and financial distress that our clients have so unjustifiably suffered. It is our hope that any proposal adequately reflects the injustice so inherent in the very concept of blacklisting.'

Northern Voices ought to declare an interest here in so far as it has been involved in the campaign against the blacklist for the last decade.