Justice For The Blacklisted Workers

by Alan Wainwright

First published on his Blog: Friday, 6th, October 2017

VICARIOUS LIABILITY

"Vicarious liability refers to a situation where someone is held responsible for the actions or omissions of another person. In a workplace context, an employer can be liable for the acts or omissions of its employees, provided it can be shown that they took place in the course of their employment".

The Current Excuse

Mr McCluskey states the following in his correspondence to members dated 24 August 2017.

"Presently Unite have a further 70 plus cases being taken for victims of Blacklisting. It is vitally important that any review of documentation does not disrupt that litigation"

This can be downloaded HERE.

That may be, but I have raised a number of significant facts, complete with the evidence to support them that fall outside of this scope, which Mr McCluskey has completely disregarded.

                                                         Internal Documents

Further, I have been handed internal documents that provide an insight into the current status of these claims. They read:

"Legal Services represent 41 new Claimants in High Court proceedings against the same construction companies, and individual directors, as in the successful group litigation concluded last year. The claims are for conspiracy, breach of Data Protection Act, breach of privacy and confidence rights and, in may cases, defamation. Individual Particulars of Loss have been calculated and the claims are currently due to be served on the companies by 1 August. Legal Services is coordinating a further 17 new claims on behalf of former Ucatt members".

A Claimant in these proceedings has informed me that five figure offers have already been made by the construction companies and that they have been advised by the union to reject these.

These new claims have absolutely nothing to do with the matters raised by me to Mr McCluskey in MY REPORT dated 29 May 2017 and therefore should not hamper any investigation into such.

Legal Advice

Over the next few weeks I will be meeting blacklisted workers who feel they had a gun held to their head to discuss their experiences of the High Court settlements and hear their concerns. 

With their permission, I will be relaying this information to a team of solicitors who are assisting me with this matter.

The discussions will be held in complete confidence and on an individual basis. No information will be passed onto the solicitors or other blacklisted workers without the consent of the individual.

If you would like to discuss this with me you can email me direct at alanwainwright1963@gmail.com

Alternatively, you can call me on 07399 530323

It has now been eight years since we got our Consulting Association files. Eight years in which blacklisted workers have been raising their concerns about the involvement of trade union officials in the blacklisting. The unions could have launched an independent inquiry into all this over the last eight years.

They have not done so and have no intention of doing so. 

******