Showing posts with label Costain. Show all posts
Showing posts with label Costain. Show all posts

Friday, 31 July 2020

Costain fined £1.2m after cage collapse injuries

from Joe Bailey

COSTAIN and one of its subcontractors have been fined after two workers were injured when a mobile elevating work platform (MEWP) was struck by a collapsing reinforcement cage during construction of a bypass.  Manchester Minshull Street Crown Court heard that in the summer of 2015, to support the construction of the A556 bypass in Cheshire, work had started to build a pier designed to eventually support a bridge.  This involved erecting a steel cage.  On 3 August, two workers on a MEWP were working on the structure, when it collapsed. The cage crashed into the MEWP, causing it to fall on its side.  The first employee sustained life changing head injuries and the second a leg fracture.  A third worker nearby escaped injury by moving away just in time.

A Health and Safety Executive (HSE) investigation found there was no temporary support for the reinforcement cage during construction of the central pier. Costain was principal contractor and Brenbuild Limited was appointed by Costain to construct seven bridges and an underpass. Both firms were aware the cage was visibly leaning and that workers on site had raised concerns. Brenbuild Limited failed to stop work to prevent injuries from the risk of collapse and to implement control measures to prevent instability.  Costain failed to plan, manage and monitor construction of the central pier. Brenbuild Limited pleaded guilty to criminal safety breaches and was fined £80,000 and ordered to pay costs of £21,730.11.  Costain also pleaded guilty and was fined £1.2m and ordered to pay costs of £21,644.51.
Construction Enquirer.

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Wednesday, 15 May 2019

Blacklisted Workers Win £1.9m from Building firms

OVER 50 trade unionists have won compensation totalling £1.9m after major construction firms admitted that they had been unlawfully blacklisted and denied work.

The compensation will be paid by the firms after they agreed out of court settlements with the workers, avoiding a high court trial that was due to start next month.

The latest round of payments means that in total, the firms have been forced in the last three years to pay compensation of £35m to more than 1,200 blacklisted workers.

The firms checked the files when individual workers applied for jobs. Those deemed by the firms to be troublemakers were refused work.  The workers were not told why they had been rejected. Some of them had raised health and safety concerns on building sites.

The files were housed in a nondescript office in Droitwich, Worcestershire, under the bland name of the Consulting Association.  A decade ago, following an article in the Guardian, the official watchdog, the Information Commissioner, raided the office and closed down the blacklist, declaring it illegal.

The Information Commissioner made the files available to the blacklisted workers, who then launched legal action.

The eight firms announced on Tuesday that their offers of compensation had been accepted by the latest group of 53 blacklisted workers. They are Sir Robert McAlpine, Balfour Beatty, Costain, Kier, Laing O’Rourke, Skanska UK, Vinci and Carillion.
  
The eight firms are locked in a dispute with Amec Foster Wheeler, as they argue it was involved in running the blacklist and should therefore pay a contribution towards the bill.
Unite had sought to force Cullum McAlpine, whom they consider to be a key architect of the blacklist, to give evidence at the trial, which was due to start on 4 June. The McAlpine director was also chairman of the Consulting Association when the blacklist was set up.


Howard Beckett of the Unite union said it was 'bitterly disappointing' that he would not be compelled to be cross-examined at the trial, which has been dropped as part of the settlements.

Police chiefs have admitted that they also supplied details of trade unionists to the blacklist in what they acknowledge was a 'potentially improper flow' of information.


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Saturday, 6 May 2017

Waste Disposal in Manchester

THIS week, it was reported that waste handling in Greater Manchester is to be taken back into public ownership.    The Greater Manchester Waste Disposal Authority (GMWDA) has told Viridor, and its joint venture partner John Laing, that it is terminating the region’s long-term waste contract.
On the 4th, May, Robin Latchem, the editor of 'Material Recycling World' [MRW], wrote:
'It was one of the worst-kept secrets in the sector that the GMWDA and Viridor-Laing partnership was on the rocks.'
Back in February, the Greater Manchester Authority raised concerns with Viridor Laing over the progress being made on these works, including 'significant rusting issues' in the mechanical and biological treatment plant tanks and the in-vessel composting facilities.
The authority’s relations with Viridor Laing over the 25-year, £3.8bn private finance initiative deal became even more frayed in recent months, as Costain continued with repairs to some of the 42 facilities.
At that time, in February, it was reported that a trading update from parent company Pennon showed that the construction contractor Costain was making modifications at some facilities servicing the 25-year, £3.8bn private finance initiative (PFI) contract with Greater Manchester Waste Disposal Authority (GMWDA).
The Greater Manchester Authority approved the termination of the contract at a meeting last week. This comes several months after the waste authority revealed that it was ‘not satisfied’ with the status of the contract, and had been seeking ‘significant savings’ through the deal (see letsrecycle.com story).

The Pennon Group – the parent company of Viridor – has noted that there are provisions in the PFI contract for compensation to be paid to Viridor and John Laing on termination.  And, in a statement issued on the 2nd, May, Pennon claimed that the Authority’s exit from the contract is due to ‘financial challenges’ caused by prolonged austerity.

These concerns prompted the authority to decided to exit the PFI deal.
The company has stated:  'Discussions and negotiations are now expected to progress over the coming weeks as we work with GMWDA to ascertain the implications. There are provisions in the PFI Contract for compensation to be paid to Viridor and John Laing on termination.'

Monday, 6 June 2016

'Builders crack' & Private Eye

THE current issue of Private Eye reports that '... after its dirty employment tricks were exposed, the (British) construction industry has finally - if reluctantly - agreed to cough up £75 m to settle the claim brought by hundreds of people who were unable to find work because they were on an illegal blacklist (Eyes passim).
'Hundred of victims are to receive between £20,000 and £200,000 for having their livelihoods blighted because they protested about safety or working conditions, or simply because of their trade union activities.... 
'Companies funded Ian Kerr, who had worked for the (Economic) League and who set up the Consulting Association to hold blacklisting files which also featured troublesome politicians, journalists, lawyers, and academics.  The full scale of the operation was exposed in 2009, when the Information Commissioner's Office seized files and shut down Kerr's outfit.  (Even then the practice continued, however.)
'As Roy Bentham, a carpenter blacklisted since 1995, told the Eye:  "They finally made us an offer we could not refuse, because of the threat of astronomical legal costs.  But it was to save their reputations; it wasn't about justice.'  As a Hillsborough survivor, he knows all about justice.  "It's about getting to the truth.  We want to know exactly who did what and who we ended up on the dole". 
'Despite the group apology from Balfour Beatty, Carillion, Costain, Kier, Laing O'Rourke, Sir Robert McAlpine, Skanska UK, and Vinci (companies involved since the 1990s), the Blacklisting Support Group cast doubt on its sincerity.  After all, the firms could have put their hands up when the Information Commissioner caught them red-handed...
'Nor is it lost on the workers that the companies preferred to pay fees to ranks of lawyers to protect corporate reputations and defeat claims, rather than offer reasonable compensation.  The legal costs for the case are estimated to total about £50 m for both sides - nearly the size of the compensation bill itself....
'Lawyers for the companies told the court they hoped the apology meant "this matter can be treated as a closed chapter".  Not so:  the blacklisting victims allege that some senior executives were involved in destroying evidence and a cover-up.  A detailed dossier alleging perversion of the course of justice is being prepared.  The victims may still have their day in court.'

Monday, 9 May 2016

Unite do deal, but contractors still at risk!


CONSTRUCTION NEWS REPORTS:
UNITE was the last of the four unions to settle its case, after the blacklist firms reached agreement with GCR, GMB and Ucatt in April.

In total, more than £10m will be paid to 256 workers represented by Unite, with payouts ranging from £25,000 to £250,000.

The contractors who have reached the settlement are Balfour Beatty, Carillion, Costain, Kier, Laing O’Rourke, Sir Robert McAlpine, Skanska UK and Vinci.

Sir Robert McAlpine added co-defendants to the blacklist trial in 2013, after it was named as a defendant.

The settlement does not include Amec or Bam, both of whom were originally brought into the trial by Sir Robert McAlpine.

Between them, the 10 companies owned 33 of the 45 companies originally named as part of the blacklist operation.

Blacklisting was exposed when the offices of The Consulting Association were raided by the Information Commissioner’s Office and closed down.

The ICO found in the offices a handwritten database containing information on 3,212 workers.

The contractors are still subject to legal action, including from the man who blew the whistle on the use of the blacklist, which was uncovered in 2009.

Blacklist: £200 million settlement victory

THE group litigation blacklist High Court trial originally scheduled to start today (Monday 9th May) has settled following last minute increased compensation offers by the 8 major construction companies at the heart of the scandal.  Additional offers were made to blacklisted workers represented by Unite the Union late on Friday.  A hastily called hearing will now take place on Wednesday 11th May at which a public apology and admissions about the firms involvement in the Consulting Association secret conspiracy will be read out in open court. 

The total figure for compensation paid out by the blacklisting firms is estimated at £50million with an additional £200 million worth of legal costs for the different legal teams involved. The defendants are: Balfour Beatty, Carillion, Costain, Kier, Laing O’Rourke, Sir Robert McAlpine, Skanska UK and VINCI - No doubt shareholders and non-executive directors will be asking questions about those responsible for this big hit to the bottom line.  

Dave Smith - secretary Blacklist Support Group commented:
'Despite all of the denials and attempts to cover up their secret conspiracy, the largest multinationals in the construction sector have been forced to to pay out millions in compensation.  Make no mistake, the High Court action is a historic victory for the trade union movement against the vicious face of free market capitalism.

The blacklist firms might have hoped that by buying their way out of a show trial, that the scandal that has disgraced an entire industry will go away: it won't.  Blacklisting is a human rights conspiracy against trade unionism by big business and shady anti-democratic political policing units within the British state. 

These fat cats and their friends in the police took food off of our children's table, causing years of family hardship.
We take this personally.  A few quid and a mealy mouthed apology is a long way from justice.  We intend to continue our fight to expose those who orchestrated and colluded with blacklisting.  In any civilized society, the wretches would be in jail by now.

Blacklist Support Group would like to pay tribute to all the legal teams who have taken us this
far, especially Guney Clark & Ryan solicitors who have been working with us since the blacklist
was discovered in 2009.  Without the ground breaking work by GCR, there would never have been any High Court litigation at all.'

High Court Photo-Opportunity
Blacklist Support Group 
9:15am Wednesday 11th May 


UNITE the Union press release: 
THE biggest 'blacklisting' scandal in UK construction industry history has seen the court case end in victory as 256 workers are set to receive more than £10 million in compensation.    Construction ‘blacklisting’ victory sees £10 million pay-out to 256 workers.
Unite, the country's biggest union, said today (Monday 9 May) that the pay-outs could range from £25,000 up to £200,000 per claimant, depending on such factors as the loss of income and the seriousness of the defamation.   
Unite’s determined legal stance last week resulted in a further £4 million for 97 of the 256 claimants, whose original compensation offers the union deemed inadequate. This brought the total compensation package to £10,435,000.   
Unite waged a five-year fight, following the election of Len McCluskey as general secretary of Unite, against household names, such as Sir Robert McAlpine Ltd and Balfour Beatty Engineering Services as well as more than 30 other firms, which were part of a blacklisting conspiracy that saw hundreds of workers lose those jobs and have their lives ruined for carrying out legitimate trade union activities, such as health and safety.   
At the centre of the scandal were the machinations of the secretive Consulting Association which was raided by the Information Commissioner in 2009.   
Today (Monday 9 May) Unite general secretary Len McCluskey said:
‘The massive scale of the agreed damages - more than £10 million - shows the gravity of the misdeeds of these major construction companies which created and used the Consulting Group
as a vehicle to enable them to blacklist trade unionists on behalf of more than 30 construction companies.   
‘The sums to be paid out go a considerable way to acknowledge the hurt, suffering and loss of income our members and their families have been through over many years.   
‘Under the agreement they can once more apply for jobs in the construction industry without fear of discrimination.   
'This settlement is a clear statement on behalf of the trade union movement that never again can such nefarious activities be allowed to happen against decent working people trying to earn an honest living in a tough industry.   
 ‘The message is clear that there can never be any hiding place for bosses in the construction and any other industry thinking of reverting to shameful blacklisting practices against committed trade unionists.’
Unite director of legal services Howard Beckett said:
‘Unite is proud to have fought right to the end to get the maximum we believed was possible against companies that had to be dragged kicking and screaming to make unprecedented admissions of guilt last October.
‘In addition to financial compensation, admissions of guilt and formal apologies, the companies have agreed, as a result of this litigation, to issue guidance to site managers to ensure blacklisting is not occurring on a local level and to ensure that Unite members receive no less favourable treatment for job applications, as a result of this litigation.  
‘However, what remains outstanding from the agreement is the legislative definition of blacklisting, as outlined in the Employment Relations Act 1999 (Blacklisting) Regulations 2010.
‘We view the secret vetting operation carried out by the Consulting Association as a blacklist, and hence in contravention of the Act. This is the core reason as to why these companies should be answerable to a public inquiry and why the Westminster and the devolved governments should continue to ask serious questions of these companies before they are engaged for public contracts.
‘Finally, Unite would like to thank its legal team – Anthony Hudson QC at Matrix; Ben Cooper, counsel at Old Square and Richard Arthur and his team at Thompsons Solicitors – who stood should to shoulder with the trade union movement during this lengthy - and ultimately victorious - landmark case.’


The Unite case centred on a number of key legal issues, including defamation, breaches of the 1988 Data Protection Act, conspiracy and misuse of private information.
 
Blacklist Support Group






Monday, 4 April 2016

Mystery of Computer Blacklist File


THE computer used by the illegal blacklisting organisation The Consulting Association (TCA) has dramatically been found after being 'lost' of more than 7 years. The PC was seized during the Information Commissioners' Office raid in 2009 but unbelievably the ICO returned the computer to Ian Kerr, chief executive of the blacklisting body without even turning it on to analyse it. The government department believed they had enough evidence for a conviction but their actions were subsequently roundly condemned by MPs during a Select Committee investigation into the systematic victimsation of union members in the construction industry.

According to Kerr, once the PC had been returned, it was destroyed along with all the data on it. But this has now turned out to be incorrect. During research for his book 'Blacklisted: the secret war between big business and union activists', investigative journalist Phil Chamberlain acquired the PC from the one time TCA book keeper Mary Kerr, who is set to be a witness in the imminent High Court blacklisting trial.

Phil Chamberlain commented: 
'The Consulting Association and the construction industry went to great lengths to keep their operation secret but we've gone to even greater lengths to gather evidence of their activities. It was only at the end of hours of interviews at her home that Mary Kerr mentioned a computer stored in her garage. I hadn't expected to be driving home with that in the boot of my car. Despite their best efforts, the secrets of the construction industry blacklist are being dragged into the light. Investigative journalism should and can change the public discourse but it often relies on persistence and lucky breaks.'

Apart from one letter chasing an unpaid invoice, all of the documents relating to the blacklisting operation have been deleted from the computer. The hard drive from the PC is now undergoing expert forensic computer examination to discover if previously deleted emails, word documents and spreadsheets can be recovered from hidden historical archives and ghost files. Any retrieved documents would then be used as evidence in the High Court. Sir Robert McAlpine Ltd, Balfour Beatty, Carillion, Costain, Skanska, Kier, Vinci and Laing O’Rourke are the defendants in the trial.

The rediscovery of the computer has the potential to blown apart the wall of secrecy surrounding the blacklisting conspiracy.  Despite numerous Court Orders, the blacklisting firms have repeatedly failed to disclose documents and in some cases the High Court has been told about evidence being deliberately destroyed. Not a single set of minutes from 16 years of TCA meetings have so far been disclosed. Not a single letter or email to or from Cullum McAlpine, the founding chairman of the blacklist conspiracy has been disclosed to the court. In a few days, the entire cover up may start to fall apart at the seams.

Howard Beckett, Legal Director at Unite the Union said: 
'These defendants openly admit to the destruction of documents. Their attempts to deny meaningful levels of compensation and to deny conspiracy allegations rely upon the lack of records. This discovery allows the victims legal teams to further explore the possibility that undisclosed documents still exist showing the true extent of those involved in the disgraceful practice of blacklisting.'

The hard drive also has the potential to shed further light on the involvement of the police in the human rights scandal. In 2008, Detective Chief Inspector Gordon Mills from the National Extremism Tactical Coordination Unit (NETCU), one of the infamous and now disbanded police political surveillance units gave a PowerPoint presentation to senior managers and company directors at a TCA meeting in Oxfordshire. Ian Kerr claimed that a 'two way exchange of information' was established following the secret meeting. Both the police and the companies claim that no correspondence whatsoever relating to this meeting exists.   

Dave Smith, BSG secretary and core participant in the Pitchford inquiry into undercover policing commented: 

'Its like Indiana Jones finding the Lost Ark. No one knows what secrets might be locked away inside but if you're one of the bad guys, you might want to keep your eyes closed.  Lots of people involved in the blacklisting conspiracy will be having sleepness nights worrying what is about to come out. My heart bleeds for them.' 

Next Blacklisting High Court hearing Thursday 7th April Royal Courts of Justice, The Strand

Photo-opportunity with blacklisted workers at: 9;15am


'Blacklisted: the secret war between big business and union activists' has been shortlisted for the Bread & Roses Book Award . 



Blacklist Support Group: 



facebook: http://www.facebook.com/groups/blacklistSG/

Monday, 29 February 2016

Attempt to Gag Blacklist Claimants

CONSTRUCTION firms attempt to ban a number of blacklisted workers from giving evidence in the blacklisting super-trial was thrown out by the High Court on Friday (26 Feb). Edmund Nourse QC representing the blacklisting firms; Balfour Beatty, Carillion, Costain, Kier, Laing O’Rourke, Sir Robert McAlpine, Skanska and Vinci asked for the court to restrict the number of witness statements to 17 'lead cases' and rule out a number of blacklisted workers from giving evidence. The firms specifically tried to ban the witness statements from electrician Billy Spiers and bricklayer John Bryan. But Lord Justice Supperstone ruled against the companies attempt to silence workers who have been victimised over decades. 

After the ruling Billy Spiers, chairman of the UNITE national construction committee commented:
'I had a real bad time getting work on the cards after being put on the blacklist. I was sacked and apart from T5 and Isle of Grain where the union fought for me to be employed, I struggled, sometimes being out of work for a full year at a time. Along with a lot of my workmates who have been Shop Stewards or Health and Safety Representatives, its been difficult.  These blacklisters are still not showing any remorse. Trying to stop witness statements from blacklisted workers at yesterday's High Court hearing just demonstrates their attitude: shame on them'

John Bryan, blacklisted bricklayer from Bermondsey commented: 
'After waiting since the 1980s for some kind of justice, I cannot just walk away and leave our struggle without taking it as far as I can. I will support my mates in this fight. Blacklisted workers will not be silenced.' 

Additional information from the High Court hearing on Friday: 

1. A total of 240 cases have now settled. 
367 cases are still live.
Plus another 75 new claimants joined the litigation last week alone. 
Final deadline for claimants to join the group litigation was extended by 7 days til Friday 4th March. It is excepted that the total number of claimants going to the full trial will reach over 450. 

2. The full trial is scheduled to start on 7th May and finish on 31st July. 16 witness statements have been submitted by the comanies including directors of multinantuonal companies who held the role of chairman and vice chairman of the notorious Consulting Association

3. After being instructed by the court to go back and search again. The firms now claim to have found the computer servers where emails from Cullum McAlpine & Gerry Harvey were stored. They still haven't actually handed them over yet. 

4. There will be another case management hearing some time in first week of April.

5. German TV cameras filmed blacklisted workers outside the High Court.

6. Print quality photographs available from Guy Smallman (NUJ) guy.smallman@btopenworld.com



Blacklist Support Group

Thursday, 25 February 2016

Progress Report on Blacklist Case

Blacklist Support Group Photo Opportunity
9:30am Friday 26th February 2016
Royal Courts of Justice
The Strand 



2 weeks ago it emerged in the Daily Mirror and subsequent press stories that a small number of blacklisted workers had received between £15-20 million in compensation between them but the full blacklisting super-trial is still scheduled to start on 7th May. The construction giants; Balfour Beatty, Carillion, Costain, Kier, Laing O’Rourke, Sir Robert McAlpine, Skanska and Vinci have already admitted their guilt and responsibility for targeting union activists during their 1993-2009 operation of the Consulting Association blacklist and for decades beforehand under the guise of the Economic League. It is believed that over 100 new claimants with blacklist files have joined the litigation within the last week alone. 

This Friday is the first hearing since the stories in the press and also the first since witness statements were exchanged by the legal teams. 16 leading industry figures have given written statements, including Directors of multinational companies and former Chairmen and Vice-Chairmen of the Consulting Association. The glaring omission from the list of blacklisters is the name of Cullum McAlpine, the man who bankrolled and was founding chairman of the Consulting Association. In previous hearings, the High Court has been shocked to hear that not a single email or letter to or from McAlpine was disclosed, in fact many such documents were destroyed, despite a court order requiring full disclosure.  

Dave Smith, BSG secretary commented:
"As we get closer to May, we can nearly taste the victory. The prospect of directors of multinational corporations who violated our human rights being forced to give evidence under oath in the High Court is whetting our appetite.  
The British legal system needs to demonstrate that big business is not above the law. The guilty must be punished; in court and by their removal from publicly funded contracts. If there was any real justice, the wretches would already be in jail". 


Blacklist Support Group

Saturday, 13 February 2016

Now for the Cost of Blacklisting

CONSTRUCTION firms have paid out nearly £6m in compensation to just 71 blacklisted workers. The UCATT members were all claimants in the High Court group litigation and on average received £80,000 with some individuals receiving £200,000 for the years of hardship caused by the illegal Consulting Association blacklist. The companies involved in the legal action are: Balfour Beatty, Carillion, Costain, Kier, Laing O’Rourke, Sir Robert McAlpine, Skanska UK and Vinci PLC. A number of cases have now settled with a total payout so far by the firms in excess of £15m. Acceptance of the compensation offers for many was not their preferred option but was forced upon them because of the financial implications associated with a Part 36 offer. There remain around 340 blacklisted workers whose claims are still live, with the trial still scheduled for 10 weeks and set to start in May.

Public authorities across the UK and Europe have passed resolutions and issued procurement guidelines that would mean that if found guilty at a High Court trial they could be banned from future publicly funded contracts.  

Dave Smith, blacklisted engineer and Blacklist Support Group secretary commented:
"The offers of compensation are a cynical attempt by the companies to buy themselves out of a High Court trial. The blacklisting firms know they are guilty as sin and are desperate to protect their corporate brand. But the millions they will be ordered to pay by the High Court will be dwarfed by the potential billions they could lose out on if banned from government and local authority contracts across Europe
A large number of workers were put on the illegal Consulting Association database because they raised concerns about safety on building sites. By covertly targeting union safety reps, these companies appear to have given themselves a competitive advantage, as implementing proper health & safety measures on major projects has obvious financial consequences. Blacklisting is a human rights scandal but it might also be viewed as a secret cartel. I'm looking forward to the trail in May". 


Monday, 25 January 2016

Blacklisting Cost of Disclosure


1. HIGH Court orders blacklist firms to disclose further evidence and issues costs of £100k against them.

Last Friday (22 Jan), the High Court made judgements against blacklisting firms; Balfour Beatty, Carillion, Costain, Kier, Laing O’Rourke, Sir Robert McAlpine, Skanska UK and Vinci PLC ordering them to disclose further evidence from back up computer tapes of emails that despite previous court orders, they had failed to provide. 

The 2 day hearing before Lord Justice Supperstone and Master Leslie, heard revelation after revelation about the extent of destruction of documents by the firms relating to their involvement with the Consulting Association blacklisting body. The final decision of the hearing resulted in costs being awarded against the companies to cover the full 2 day hearing, estimated to be in excess of £100,000. 

Dinah Rose QC, representing the 600 blacklisted workers in the litigation told the court that household names such as "Sir Robert McAlpine Ltd, Balfour Beatty and Carillion had destroyed the lives of thousands of working men and women" and that their continued conduct was designed to "cover their tracks". 

The role of Cullum McAlpine, director of Sir Robert McAlpine Ltd (SRM) and founding Chairman of the Consulting Association blacklisting body came in for particular criticism. Despite a court order requiring full disclosure, not a single email or document to or from Cullum McAlpine, his personal assistant or from David Cochrane final chairman of TCA have been disclosed. The court was even told how in 2011 all hard copies of correspondence between Cullum McAlpine and the Consulting Association had been destroyed. Dinah Rose QC told the court that "Sir Robert McAlpine Ltd has been evasive with conduct intended to conceal the central role of Cullum McAlpine. Cullum McAlpine is a very important man, for the sake of retaining trust in the British legal system, he must not allowed to get away with a cover up."

The court was also shown evidence that David Cochrane (SRM) chairman of the Consulting Association at the time of its discovery had contacted the blacklisting organisation's cheif executive Ian Kerr instructing him to "ring everyone - destroy all the data". It was revealed that Cochrane had told Kerr to keep Cullum McAlpine's name out of the press and large sus of money were transferred to the bank account of Ian Kerr's daughters in the summer of 2009.   

Balfour Beatty were also highlighted when it was revealed that despite instructions to the contrary, the PC and laptop of Elaine Gallagher, main contact for the company with TCA had both been wiped in April 2013. Trevor Watcham from balfour baetty was chairman of the Consulting Association from 2004-5 but his entire email history was deleted in 2011 and not a single document from him has been disclosed. It was also disclosed to the court that an internal Balfour Beatty database containing the names of construction workers who had been involved in union activities had been discovered on the laptop of Gerry Harvey, director of Human Resources, still employed by the company at their Glasgow head office. The comments "not required" and "do not re-employ" appeared next to the names of the union members and the document was found after the discovery of the Consulting Association blacklist was exposed in March 2009.  Lord Justice Supperstone commented "If the firms were professional enough to cover up their actions, did they also cover up more internal databases?"

Edmund Nourse QC representing the McFarlanes defendants said that "no impropriety whatsoever" could be implied over the destruction of the documents, which were merely "unfortunate mistakes".

Dinah Rose described the McFarlanes position on non disclosure and destruction of evidence as "bonkers" and described an expert witness statement provided by the firms as "disgraceful and intended to mislead". 

Dave Smith from the Blacklist Support Group commented afterwards:
"All of the platitudes and half apologies, all their crocodile tears and claims of rogue managers from the companies over the past six or seven years are clearly nonsense. Documents have been destroyed and Directors of multinational companies are hiding stuff on their laptops. It calls into question all of the promises made to Parliament and the High Court. I am not a lawyer but I would have thought that destroying evidence that would almost certainly have been used in a court case might be considered perverting the course of justice.

The lawyers seemed particularly keen to keep any evidence about Cullum McAlpine being disclosed -  this wretch set up and was the funding chairman of the Consulting association. He was intimately involved in its operation over many years. What could he possibly have to hide?”

http://www.morningstaronline.co.uk/a-bda7-Blacklisters-pay-for-deleting-evidence

2. Undercover police targeting activists
More revelations have come out this week about undercover police spying on activists in court admissions by the Met Police and press articles exposing newly discovered spycops who targeted trade unions, grieving families of murder victims, community justice campaigns, environmental activists, socialist political parties and animal rights groups. The Pitchford public inquiry into undercover policing has been set up to investigate the abuses carried out by these secret police political spying units. All of the information that has so far been discovered is due to activists, dedicated researchers and investigative journalists. The police continue to use the strategy of 'Neither Confirm Nor Deny' as a way of thwarting the truth. The Blacklist Support Group working alongside other core participants and the Campaign Opposing Police Surveillance (COPS) is calling for Lord Justice Pitchford to demand that the police release the cover names of all the undercover officers who have operated since 1968. Only then, will we know the full extent of the peaceful campaigns infiltrated and undemocractic practices carried out by the secret state.  

3. Labour plan to ban blacklist firms from public contracts? 

4. Dave Smith's magistrates court case has been POSTPONED - and will not now be taking place this week. He has now been on police bail for nearly 12 months since his arrest for protesting about blacklisting on the Crossrail project. 

5. 'Blacklisted' book makes the Bread & Roses award longlist 
Phil Chamberlain & Dave Smith issued the following statement: "WOOP WOOP" 

6. Dates for the diary

1st Feb - High Court - pre-hearings continue

5th Feb - Trumbo - film about the Hollywood blacklist during the McCarthy era starring Brian Cranston (Breaking Bad) is released in UK cinemas. This is a great opportunity for supporters locally to write to local newspapers saying that blacklisting is not something that only happened 50-60 years ago in the USA. Its still going on today in the UK.  

6th Feb - National construction rank & file meeting in Glasgow
Blacklist Support Group



Friday, 9 October 2015

Blacklist Companies Wave 'White Flag'

DURING yesterday's hearing at the High Court for the blacklisting group litigation conspiracy trial, the majority of blacklisting firms in the trial represented by McFarlands solicitors submitted a revised set of legal pleadings.  The document accepts virtually all of the facts about the workings of the Consulting Association blacklist argued by lawyers representing the 700 claimants.  Hugh Tomlinson QC representing the blacklisted workers called the revised document a 'radical transformation' and a move 'on the path to righteousness.' 

David Kavender QC representing the major blacklisting firms told the court that his clients effectively accepted vicarious liability for the misuse of the blacklist. The admission and apology is the result of High Court legal action by the Blacklisting Support Group, Unite, GMB, UCATT and  against 40 major construction firms involved in blacklisting through the secretive Consulting Association and Services Group of the Economic League.  Those companies include Sir Robert McAlpine Ltd, Balfour Beatty, Carillion, Costain, Skanska, Kier, Vinci and Laing O’Rourke. It is estimated that compensation payouts could be around £100 million.

Full implications are still to be discussed and agreed as most lawyers have only seen the revised pleadings today.  Other remaining blacklisting firms have not made any decisions whether they are to prepared to 'hitch their wagons to the McFarlands caravan.'  Lawyers for blacklisted workers will now be discussing their combined response.

Dave Smith, secretary Blacklist Support Group was in the court and commented:
'The blacklisting wretches have run up the white flag.  They are guilty as sin and this is a desperate attempt to to try and avoid the spectacle of a High Court conspiracy trail.  Personally, I want to see the directors of this national scandal given evidence under oath about their involvement in this systematic human rights abuse.  Real justice would see those responsible for ruining so many lives sent to jail.

'Unfortunately the British legal system is unlikely to provide real justice but we will continue to push for full disclosure of the evidence that has been deliberately concealed and a public inquiry to expose the full extent of this national scandal.' 

Commenting Unite assistant general secretary Gail Cartmail said:
'Blacklisting has ruined lives and led to hardship and misery for thousands of people. The admissions from the blacklisters and the damages for the blacklisted are an important step on the road to justice in righting that wrong.  That road won’t be completed though, or the stain of blacklisting removed, until there is a full public inquiry and the livelihoods of the blacklisted restored by the firms involved giving them a permanent job.  Those Tory ministers, who profess to be on the side of workers, while attacking trade unions should take note of these landmark admissions.  They need to drop their draconian Trade Union bill which will make it easier for bad bosses to get away with injustices like blacklisting.'

Notes:
Blacklist Support Group claimants represented by Guney, Clark & Ryan solicitors
UNITE represented by Thompsons solicitors
GMB represented by Leigh Day solicitors
UCATT represented by OH Parsons

Saturday, 28 March 2015

Select Committee on Compensation Con!

1. Select Committee publishes final damning report into blacklisting
The Scottish Affairs Select Committee have published a final report that is absolutely damning of the construction firms involved in blacklisting and their compensation scheme. BSG wish to put on record once again our genuine appreciation for the tremendous work Ian Davidson and all the other MPs on the committee have carried out on behalf of blacklisted workers over the past 3 years.
2. Public Inquiry - Blacklisting / Undercover police
During the debate in House of Commons about police spying on MPs & activists, Home Office Minister Mike Penning confirmed the whistleblowers would be exempted from Official Secrets Act if they give evidence at #spycops public inquiry. This is a massive step forward and hopefully will spur on Peter Francis and other police whistleblowers to come forward.
3. Crossrail sackings & arrests
Protests on Crossrail have been temporarily suspended to allow a window for negotiations between UNITE and the Skanska- Costain joint venture.
Dave Smith was in Court today. The full trial is set for July 23rd at City of London Magistrates Court.
 
4. Blacklisted book
5. Blacklist Support Group will be promoting the Blacklisted book at various events throughout the summer including CWU, PCS, FBU, GMB conference.

Monday, 10 November 2014

MP Accuses Police of Blacklist Involvement




Dear Home Secretary,
Re: Police Involvement in Blacklisting
When the Prime Minister announced the setting up of the Leveson I asked him to set up an inquiry into the blacklisting of workers that had been exposed by the raids on the offices of the Consulting association by the Information Commissioner. I was particularly concerned at the allegation that the Police and Intelligence Services had been implicated in the practice of blacklisting trade unionists. See my intervention as recorded in Hansard on the 21st March 2012, ‘The Information Commissioner has confirmed that some of the information used by the Consulting Association to blacklist trade unionists could only have come from the police or the Security Service. When 3,000 people, mostly celebrities, had their telephones hacked, the Government set up an inquiry under Leveson. When 3,200 trade unionists have been blacklisted, and many have lost their livelihoods, the Home Secretary simply suggests that they go to the Independent Police Complaints Commission. Why is there one route to justice for celebrities, and another for working people?’.
At that stage the Prime Minister was not willing to establish an inquiry into blacklisting but assured me that any evidence of this practice would be investigated.
I am writing to you to bring to your attention a serious piece of evidence that has emerged confirming Police involvement in the role of the blacklisting organisation, the Consulting Association.
It is a handwritten note taken by the late Mr Ian Kerr, chief executive of the Consulting Association, of a meeting organised by the Consulting Association and addressed by Detective Chief Inspector Gordon Mills from the National Extremism Tactical Co-ordination Unit (NECTU)
The note describes the Powerpoint presentation given by the police officer to representatives from the following companies: Vinci, AMEC, Skanska, Costain, Sir Robert McAlpine, Emcor, and Sias Building Services.
Given this record of attendance at this meeting, it is shocking that in their evidence to the Scottish Select Committee’s inquiry into blacklisting directors of Skanska and Sir Robert McAlpine denied any involvement of the police.
DCI Mills was head of Police Liaison at NECTU and it is alleged that his role was to provide information from the Police to companies.
NECTU was subsequently subsumed into the National Domestic Extremism Unit of the Metropolitan Police but despite numerous requests under the Freedom of Information Act for documents relating to NECTU’s activities, the response has been that no documents relating to the meeting of DCI Mills with the Consulting Association exist. It appears odd that no report of such an important meeting was written and that no evidence of the meeting is now held by the Metropolitan Police.
In the light of this recent evidence implicating the Police in the blacklisting of trade unionists and others, I am writing to you to request you to intervene to ensure not only that all the documentation relating to NECTU’s relationship with the Consulting Association is put in the public domain but also that an independent inquiry is now undertaken into the role of the Police and Intelligence Services in blacklisting in this country over the last 40 years.
I would welcome a prompt reply.
Yours,
John McDonnell MP

Wednesday, 22 October 2014

GMB 'CROCODILE TEARS' PROTEST!

GMB “CROCODILE TEARS” PROTEST IN WOLVERHAMPTON
THURSDAY 23RD OCTOBER TO SHAME LIZ KEATES CARILLION HR MANAGER WHO BLACKLISTED 139 WORKERS
Managers like Liz Keates shedding crocodile tears now for her part in blacklisting 3,213 workers won't wash, neither will the Nuremberg Defence of "just following superior orders” says GMB
GMB will hold a protest demonstration in Wolverhampton on Thursday 23rd October to shame Liz Keates, Head of Employee Relations at Carillion plc named who was in Parliament as a blacklister. She has yet to come clean and apologise for the hurt and damage she did blacklisting 139 workers. See some examples below.
Blacklisting came to light when in 2009 the ICO seized a Consulting Association database, run by Ian Kerr, of 3,213 construction workers and environmental activists used by 44 companies to vet new recruits and keep out of employment trade union and health and safety activists.
This is the third date in a national “Crocodile Tears” protest tour to shame 63 construction industry managers named as blacklisters who have yet to come clean and apologise for their actions. See notes to editors 1 for the 10 dates in the first leg of a national tour and notes to editors 2 for the list the 63 managers and where they worked.
The details of the protest are as follows:

At 11am Thursday 23rd October,
Outside Carillion,
Birch Street
Wolverhampton, WV1 4HY
At the protest there will be a person in a crocodile suit accompanied by union members with flags and banners and slogans “Nuremberg defence on blacklisting won’t wash” and “Blacklisters come clean”.
GMB representatives from Carillion at Swindon PFI Hospital will be there. 51 GMB members are pursuing claims at an ET to hold Carillion to account for race discrimination, bullying and harassment and victimisation that Liz Keates failed to deal with at the hospital after 21 days of strike action in 2012. GMB members work as porters and housekeepers in catering and cleaning and other support roles. GMB members demanded that Carillion management act to stop the culture of bullying on the contract and for an end to discrimination in the application of pay and conditions on the contract.
Liz Keates (LK), Head of Employee Relations at Carillion plc was named by Ian Kerr as the main contact for Carillion / Crown House Engineering and Tarmac. She joined Crown House Engineering, which was part of Tarmac, in 1998.
The initials LK appear 92 times against 75 different individuals in the blacklist files while working for the company 3271/81, the code used for Crown House Engineering, Carillion and Tarmac. 64 separate workers have been refused work after Liz Keates checked their records with The Consulting Association. 11 of these were refused work twice and 2 workers refused work three times.
Carillion, and associated companies, have been described by Sir Robert McAlpine Ltd as ‘heavy users of the Consulting Association in terms of the amount of information provided by the Carillion Third Parties on workers. Further, the number of occasions on which the Carillion Third Parties are recorded as refusing employment to workers is particularly high compared to other members of the Consulting Association.’
These are some examples:

    · An electrician from Edinburgh blacklisted in 1977 applied to 3271/81 in March 2003, 26 years later and was not employed by LK.· An electrician from Dundee, blacklisted in November 1976 applied to work for 3271/81 26 years later in September 2002. LK given details and was not employed.
    · A pipefitter from Suffolk blacklisted in 1978 for being an alleged ‘strike leader’ in 1998 applied to 3271/81 and was not employed. He applied again in 2000, LK given details and not employed.
    · An electrician from Liverpool put on the blacklist by Costain in 1993 applied to work for 3271/81 in 2000, in 2003 and 2005. LK blacklisted him 3 times.
    · An electrician from Warrington was put on the blacklist by Haden Young with the comments ‘would not re-employ – assistant shop steward” applied to 3271/81 in 2003, LK given details and not employed.
    · An electrician from Essex was put on the blacklist in 1977.’ Applied to 3271/81 26 years later in 2003, LK given details and not employed.
    · Same contact, same outcome for a Glaswegian plumber blacklisted in 1978 when applying to 3271/81 for a job in October 2000, 22 years later.
    · One electrician from Tooting applied to 3271/81 on 4 occasions in 2000, 2002 and 2003. Refused work all four times, three of those times by LK.
    · A pipefitter from Essex was put on to the blacklist in 1980 because he was spoken to by a journalist from the Morning Star and their replies formed a feature article in the paper. Because of this he was not employed by LK in 2002 when he applied to work for 3271/81.
    · An electrician from London blacklisted by Morgan Est on the Jubilee Line’ in 1998 was refused work by LK and 3271/81 at their Norfolk & Norwich Hospital site. Another electrician from Gateshead was also refused work on this hospital site in 2000.
    · An electrician from Braintree, blacklisted in 1985 for being ‘politically motivated’ was refused work in 2003 by LK and 3271/81.
    · In 1977 an electrician from Manchester found himself put on the blacklist for being ‘mixed up with a left wing organisation’. He applied for work in 2003 with 3271/81, LK given details and not employed.
    · An electrician from Glasgow was put on the blacklist in 1978 as an ex-employee of Balfour Beatty. Despite further information stating that a company ‘experienced no problems’ with him and ‘did not regard him as an activist’ he applied to work for 3271/81 twice in 2002. On both occasions LK was given details and not employed.
    · A welder from Kent was put on the blacklist in 2000 by LK for being a ‘main agitator with mechanical sub-sub-contractor at Pfizer, Kent.’ After this he was refused work twice by Skanska.
    · A joiner from Hartlepool applied to work for 3271/81 on the GCHQ, Cheltenham contract. Danny O’Sullivan at Kier blacklisted him in 1997 for having been ‘drawn along by the course of events at JLE. Not in front-line of action’. He was refused work by LK in 2002 and again in 2003.
    · An electrician from Glasgow, blacklisted in 1974 for being a deputy shop steward at the Methil Power Station Site applied to 3271/81 for the Hymires Hospital contract in 2000. LK was given details and did not employ.
    · An electrician from Durham, blacklisted in 2003 by Costain at Barrow Power Station was refused employment twice in 2003 by LK.
    · An electrician from Croydon, blacklisted in 1985 was refused work by LK on their Gatwick Airport contract in 2000.

    On October 16th there was a hearing in the High Court on compensation for 122 GMB members blacklisted by Carillion and other construction employers on claims served in November 2013. GMB’s claims were joined with a further 449 claims by other unions and parties at a High Court Hearing in July 2014. The next hearing is 17th December
Talks between GMB and lawyers for Balfour Beatty, Carillion, Costain, Kier, Laing O’Rourke, Sir Robert McAlpine, Skanska UK and VINCI PLC on a compensation scheme broke down in June over the amount of money being put into the scheme. Employers have unilaterally launched a cut price scheme GMB estimates will cost less than 2% of the combined profits of the eight construction firms.
So far 1,724 out of the 3,213 on the list know they are on blacklist and of these 570 cases are covered by claims in the High Court. That leaves 1,489 still to trace. See notes to editors for details of where those blacklisted come from.

Justin Bowden, GMB national officer, said “Liz Keates and the rest might have thought they had got away scot-free, so shedding crocodile tears now for the systematic blacklisting of 3,213 building workers and environmentalists won't wash, neither will the Nuremberg Defence of "just following superior orders".
These so-called HR Professionals who ran the blacklists for the construction companies knew exactly what they were doing and they need to either apologise, come clean and say what they did, or get used to accounting in public for the damage they did to those they blacklisted and their families, especially with the Public Inquiry Labour has pledged after the next election.
Just as the construction companies who paid their wages are being called to account in parliament, the courts and the media, every single one of these secret blacklisters will have their role dissected in public.'
End
Contact Carolle Vallelley on 07912 181 476 or Justin Bowden on 07710 631351 or Maria Ludkin 07956 632 657 or GMB press office at 07921 289880 or 07974 251 823
For information on High Court action contact Leigh Day: David Standard 07540 332717 or Michael Newman 0795 223 9358 or Chris Benson on 07795425649.
For people to identify more names on the blacklist call please call Phil Read at GMB on 07840 897997 or email him blacklisted@gmb.org.uk
Contact Dave Smith 07882 579 452 re Blacklist Support Group
Notes to Editors
1 The dates for the first leg of the Crocodile Tears Tour are as follows:

    · Darlington - 21 October Lynne Day, Personnel Director, Cleveland Bridge: · Leeds – 22nd October Valerie Bennison, HR for Head Office Directorates and SCS at Child Maintenance Group, DWP: Quarry House, Quarry Hill, Leeds,
    · Wolverhampton 23th October Liz Keates of Carillion, Birch Street
    · Sandy Bedfordshire 28th October Paul McCreath, HR Director, Kier Group: Tempsford Hall, Sandy, Bedfordshire SG19 2BD..and Kathy Almansoor, Group Employee Relations Manager, Kier Group: Tempsford Hall, Sandy, Bedfordshire
    · Glasgow 29th October Gerry Harvey, HR Development Director at Balfour Beatty Engineering Services: Lumina Building, 40 Ainslie Road, Hillngton Park, Glasgow
    · Aberdeen 30th October Kevin Gorman, Vice President HR, Harland Group: Ocean Spirit House, 33 Waterloo Quay, Aberdeen AB11 5BS.
    · Reading University Tuesday 4thd November for lecturer in HR Shelia Knight, EMCOR.
    · London Wednesday 5th November Paul Raby, Group HR Director, Balfour Beatty: 130 Wilton Road, London SW1V 1LQ.
    · West Midlands on Monday, 10th November 2014 details to be confirmed.
    · Cheshire Tuesday 11th November - Arnold Nestler, Human Resources Services Director, AMEC: Booths Park, Chelford Road, Knutsford, Cheshire, WA16 8QZ.
2 Managers named as blacklisters- to be part of Crocodile Tears Tour 2014/15. (Most initial are from the files of those blacklisted.)
· Michael Aird (MA) - Balfour Kilpatrick - Glasgow
· Kathy Almansoor (KA) - Kier Group – Sandy, Bedfordshire
· Dave Aspinall (DA) - Carillion / Crown House - Wolverhampton
· Alan Audley (AA) – Vinci - Watford
· John Ball (JB) - Carillion / Crown House - Wolverhampton
· Ron Barron (RB) - CB & I – Tonbridge, Kent
· Valerie Bennison (VB) – Whessoe - Darlington
· Ernie Boswell (EB) - Kier Group – Sandy, Bedfordshire
· Richard Bull (RB) - HBG Construction (BAM) – Colindale, London
· Iain Coates (IC) – Emcor – Kew Bridge, Twickenham
· David Cochrane (DC) - Sir Robert McAlpine – Hemel Hempstead, Hertfordshire
· Ann Cowrie (AC) - Balfour Beatty Civil Engineering - Edinburgh
· Tony Crowther – AMEC – Knutsford, Cheshire
· John Dangerfield (JD) - Balfour Beatty Scottish & Southern - Basingstoke, Hampshire
· Lynn Day (LD) - Cleveland Bridge UK – Darlington
· John Dickinson (JD) – Skanska – Rickmansworth, Hertfordshire
· Frank Duggan (FD) - Carillion / Crown House - Wolverhampton
· John Edwards (JE) - Carillion / Crown House - Wolverhampton
· Kevin Gorman (KG) - Carillion / Crown House - Solihull
· Elaine Gallagher (EG) - Balfour Kilpatrick - Glasgow
· Gerry Harvey (GH) - Balfour Kilpatrick - Glasgow
· Roy Hay (RH) – Tarmac - Solihull
· David Hillman - Sir Robert McAlpine – Birmingham
· Keith Horner (KH) - Ballast Wiltshire
· Dianne Hughes (DH) – Tarmac / Crown House - Solihull
· Geoff Hughes (GH) – Costain – Maidenhead, Berkshire
· Greg Ingleton (GI) – Emcor – Kew Bridge, Twickenham
· Prue Jackson (PJ) - Haden Young - Watford
· Vince James (VJ) - Balfour Beatty Scottish & Southern – Basingstoke, Hampshire
· Armar Johnston (AJ) - Balfour Kilpatrick – Livingstone
· Liz Keates (LK) - Carillion / Crown House - Wolverhampton
· Sheila Knight (SK) – Emcor – Kew Bridge, Twickenham
· Ian Leake (IL) - Taylor Woodrow, Watford
· Tim Llewellyn (TL) - Walter Llewellyn & Sons Ltd, Eastbourne, East Sussex
· Alf Lucas (AL) – Mowlem
· Bridget May (BM) – Nuttall – Camberley, Surrey
· Cullum McAlpine - Sir Robert McAlpine – Hemel Hempstead, Hertfordshire
· Paul McCreath (PM) - HBG Construction (BAM) – Colindale, London
· Steve McGuire (SM) - Morgan Est plc – Warrington
· John Morrison (JM) - Morrison Construction - Edinburgh
· Arnold Nestler (AN) - AMEC – Knutsford, Cheshire
· Lisa O’Mahoney (LOM) - Laing O’Rourke – Dartford, Kent
· Danny O’Sullivan (DOS) - Kier Group – Sandy, Bedfordshire
· Sandy Palmer (SP) - Carillion / Crown House - Wolverhampton
· Harry Pooley (HP) - Rosser & Russell - Watford
· Derek Price – Morgan Ashurst – Stratford upon Avon
· Stephen Quant (SQ) – Skanska – Rickmansworth, Hertfordshire
· Paul Raby (PR) - Balfour Kilpatrick - Glasgow
· Murray Reid (MR) - NG Bailey – Ilkley, West Yorkshire
· Roger Robinson (RR) - Carillion / Crown House - Wolverhampton
· Sylvia Smith (SS) - Laing O’Rourke – Dartford, Kent
· Trevor Spice (TS) – Costain – Maidenhead, Berkshire
· Lisa Stevenson (LS) - Shepherd Engineering Services - York
· John Stoddart (JS) - SIAS Building Services - Keighley
· Alan Swift – Crown House Technologies - Manchester
· Pat Swift (PS) - BAM Nuttall - Guildford
· Alan Thorniley (AT) – Vinci - Watford
· Brian Tock (BT) - Carillion / Crown House - Solihull
· Ken Ward (KW) – Costain – Maidenhead, Berkshire
· Trevor Watchman (TW) - Balfour Beatty Major Projects – Redhill, Surrey
· Steve Wigmore – Crown House Technologies - Solihull
· Allison Wilkins – Skanska – Rickmansworth, Hertfordshire
· Carolyn Williams (CW) - Haden Young - Watford