The Employment Appeal Tribunal judgement in the high
profile blacklisting case of Smith v Carillion (JM) Ltd has been released
(attached).
The written judgement by Mrs. Justice Slade DBE identifies human rights
violations and expresses concern that Dave Smith (secretary of Blacklist Support
Group) "suffered an injustice from blacklisting" (para 70) but still finds in
favour of Carillion because Mr Smith was not directly employed by the
construction multinational but by an employment agency and UK employment
law does not protect agency workers.
Mr Smith was represented by John Hendy QC, David Renton (counsel) and
Declan Owens (solicitor) via the Free Representation Unit (photo attached). John
Hendy QC identified that blacklisting of Mr Smith breached Article 8 and Article
11 of the European Convention of Human Rights.
The case gained front page media coverage and was discussed in parliament,
following the original Employment Tribunal hearing in 2012. The original
Employment Tribunal decision found that managers for various companies within
the Carillion group had been actively involved in blacklisting Mr. Smith in his
role as a UCATT union safety rep who had raised safety concerns on a number of
building sites in London and Essex. But Mr Smith lost his case because as as an
agency worker he was not protected by UK law. The original ET judgement states
"We have reached our conclusions with considerable reluctance. It seems to us
that he has suffered a genuine injustice and we greatly regret that the law
provides him with no remedy." (para 71)
Finding of facts in the case are on Paragraph 4-11 of the EAT
judgement
Dave Smith commented
"Being a union member is not against the law. Raising concerns about
asbestos is not against the law.
But despite mountains of documentary evidence proving that construction
firms were systematically blacklisting union members who questioned safety
standards, it seems that big business are above the law.
Blacklisting is a violation of human rights. We intend to fight this all
the way to Europe until we achieve justice. My heroic legal team are already
preparing our appeal".
Attached pix taken inside the EAT building (L-R) Declan Owens, David
Renton, Dave Smith, John Hendy QC:
Blacklist Support Group
Blacklist Support Group
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