Blacklist Support Group: Spy Cop's Inquiry

Dave Smith, core participant in the undercover policing public inquiry was scheduled to make the opening statement on behalf of the Blacklist Support Group at 4:15pm, Friday 6th November. There has been a last minute legal challenge over the content of the statement, which will now not take place. A meeting before Sir John Mitting, chair of the Inquiry into undercover policing, is set for Monday morning.

Unions meet Sir John Mitting on blacklisting!

On Wednesday 11th July, blacklisted workers and lawyers representing the FBU and UNITE the union held a 2 hour private meeting with Sir John Mitting, the judge in charge of the undercover policing public inquiry. There are legal restrictions on what can be disclosed about the discussions. 

Dave Smith, Blacklist Support Group co-secretary commented:

'We had a frank exchange of views about the future direction of the public inquiry. We hope that Mitting is now fully aware of our serious concerns about a number of issues that we feel will impede the truth about the activities of the UK's undercover political police units being fully investigated. We continue to have fundamental disagreements with many of the decisions being taken by the Chair and believe that the Home Secretary should set up a panel that will allow for a greater understanding of issues such as sex, race and class bias that are at the heart of the public inquiry. However, for a number of our specific concerns relating to state spying on trade unions, we were given assurances that we view as positive. But the proof of the pudding is in the eating and until we see concrete action rather than fine words, our view of the public inquiry remains highly skeptical.'  

Blacklist Support Group

book: http://newint.org/books/politics/blacklisted-secret-war/

video: https://www.youtube.com/watch?v=eNcgrNs6pB8

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

blog: www.hazards.org/blacklistblog

Public inquiry says Mark Cassidy was police spy

Undercover police officer HN15 = Mark Cassidy = Mark Jenner 

THE undercover policing public inquiry has finally confirmed that the joiner many of us knew as Mark Cassidy was in truth an undercover police officer.  His real name is Mark Jenner and 

between 1995-2000, he infiltrated the construction UCATT (his subs were paid from a bank account set up by Special Branch) 

He also infiltrated rank and file groups including the Building Worker Safety Campaign, the meetings of which he chaired at the Colin Roach Centre in Hackney. Jenner / Cassidy also targeted RMT, Unison, CPSA, TGWU and was on numerous picketlines including Dahl Jenson at Waterloo, JJ Fastfoods at Tottenham Hale and L.B. Southwark DLO.

Mark Cassidy / Jenner was first publicly named in by an article by journalist & union activist Mark Metcalf and in Blacklisted book by Phil Chamberlain & Dave Smith.  The Met Police issued a public apology to 'Alison', the activist he lived with during the five years of his deployment. It is shameful that the Met and the public inquiry have taken so long to admit that Mark Cassidy was an undercover police officer from the Special Demonstration Squad, something that everyone has known for years.  

'Alison', Mark Metcalf, UCATT (now part of UNITE) and blacklisted workers Brian Higgins, John Jones, Steve Hedley, Frank Smith, Dan Gilman & Dave Smith (who attended meetings, protests and pickets with Mark Cassidy / Jenner) have all been granted core participant status in the undercover police public inquiry. 

This public confirmation about Mark Cassidy comes just a week after the Met confirmed that police provided information to the building industry blacklist. 

Blacklist Support Group send a huge hug to 'Alison' and all the women activist at Police Spies Out of Lives for their inspirational battle to force the authorities to tell the truth about the undercover police officers that abused them.

https://policespiesoutoflives.org.uk/finally-confirms-hn15-mark-cassidy/

Full story on Mark Jenner: http://powerbase.info/index.php/Mark_Jenner

Police admit role in construction blacklist scandal

 sent by Trevor Hoyle (Rochdale)

THE Metropolitan Police has confirmed undercover Special Branch officers supplied information to the construction industry blacklist.

Blacklisted workers have fought tirelessly to expose wrongdoing photo

The admission follows a campaign by blacklisted workers to prove they were spied on by the police.

It comes in a letter sent by Deputy Assistant Commissioner, Richard Martin in response to a complaint made by the Blacklist Support Group to the Independent Police Complaints Commission.

The letter states: “Allegation: Police, including Special Branches, supplied information that appeared on the Blacklist, funded by the country’s major construction firms, The Consulting Association and/or other agencies, in breach of the Data Protection Act 1998. 

“The Report concludes that, on the balance of probabilities, the allegation that the police or Special Branches supplied information is ‘Proven’. 

The letter goes on to explain: “Sections of the policing community throughout the UK had both overt and covert contact with external organization, including the Economic League” 

It also conformed an “improper flow of information from Special Branch to external organisations, which ultimately appeared on the Blacklist”.

The blacklist scandal has seen more than £75m in compensation paid to workers by major contractors.

Allegations of police collusion in blacklisting were first made back in 2012 but the claims were strenuously denied by the authorities.

MP John McDonnell said: “It is now abundantly clear that various arms of the state including the Police colluded in the blacklisting process.

“This is one of the hidden scandals of the abuse of civil liberties in our country that needs to be recognised fully and addressed. The people involved need to be brought to book.” 

Dave Smith, secretary of the Blacklist Support Group said: “When we first talked about police collusion in blacklisting, people thought we were conspiracy theorists.

“We were told, ‘things like that don’t happen here’. With this admission from the Met Police, our quest for the truth has been vindicated.”

“The police are supposed to detect crime, instead they infiltrated trade unions and provided intelligence to an unlawful corporate conspiracy.”

Unite assistant general secretary Gail Cartmail, said: “This is a major breakthrough the police have finally been forced to admit what we already knew that they were knowingly and actively involved in the blacklisting of construction workers.”

http://www.constructionenquirer.com/2018/03/23/police-admit-role-in-construction-blacklist-scandal/

Dave Smith, the excellent representative for his union members, was interviewed (fairly) by Sarah Montague on Radio 4 this morning. I will put the link up later. 

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MASS WALK-OUT AT MITTING INQUIRY

VICTIMS of undercover police units and their lawyers staged a mass walk out during today's hearing of the undercover policing public inquiry calling for the removal of Sir John Mitting as the new judge in charge of the inquiry.  Sir John Mitting has told the inquiry, that victims will be be met with a 'wall of silence' in key parts of the inquiry and is granting anonymity to almost every police officer - so the public inquiry will be held mainly in secret.  This will not be justice. We are not prepared to participate in a process in which the victims are merely window dressing. 

Below and attached is the full transcript of the submission made by Phillipa Kaufman QC, representing over 200 of the 'non-state, non police core participants' in the inquiry including Doreen and Neville Lawrence, women activist who were deceived into relationships with undercover officers, anti-racist campaigners and trade unions. 

Blacklisted workers and the Blacklist support Group have been granted 'core participant status' in the inquiry because of undercover police infiltration of trade unions and were part of the walk out. 

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Blacklist Support Group Statement for Undercover Policing Public Inquiry hearing on Wed 21st March 2018:

'Blacklisted workers who have been kept under surveillance by political policing units were always skeptical about whether the British state investigating itself would truly provide justice.  But under John Mitting, the public inquiry has descended into a good old fashioned establishment cover-up.

'Mitting was put in charge to carry out a job of work on us - and he's doing it.  Time and again he gives the police the benefit of the doubt, to the detriment of those whose lives have been torn apart by this human rights scandal.

'Tinkering around the edges isn't going to change things.  We have no confidence in Mitting.  He must go and needs to be replaced with a panel of experts who have have at least some degree of empathy with the victims and are prepared to question the accounts of undercover police officers who have been trained to lie.'

Dave Smith: core participant in 
'union strand' of public inquiry (21/3/18).

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Blacklist Support Group progress report:

Roy Benthan reports:

'Cheers for the heads up there Brian.  It [the Tameside MBC's broken model] looks like a carbon copy of our predicament here on Merseyside and i will be using your broken model when the time arises' 👍

Blacklist Support Group update - 6th March 2018. 

1. Model Blacklisting working group resolution which can be presented to all Constituency Labour Parties (CPL) passed at Liverpool Wavertree Constitutuency Labour Party last month. 

Model resolution (please amend as required):

This Constituency Labour Party notes Liverpool City Council’s ill-fated relationship with two of the most prolific Consulting Association blacklisters - namely Carillion and Laing O’Rourke, which has been brought into even sharper focus by the recent collapse of Carillion.

The CLP shares the Blacklist Support Group’s dismay that these rogue contractors have been securing public contracts within our city, thereby rendering the Cabinet's motion, passed in 2013, meaningless. It also contravenes the ethos of the document referred to as the 'Workers Charter'

The CLP therefore resolves to remind the Council that blacklisting was and still is an unacceptable practice, which cannot be condoned. We therefore urge that those companies who were members of the clandestine organisation, the Consulting Association, and any others found to be engaging in blacklisting, be removed forthwith from the approved list for future construction work procured by the Council.

Since these discredited contractors have continued to be awarded work in the city, this CLP calls for a working group to be set up, comprising two elected members of the Blacklist Support Group and the appropriate cabinet council members, to monitor this process of disengagement.

Roy Bentham, blacklisted carpenter from Liverpool and BSG joint secretary noted:

It’s a groundbreaking motion which sailed through a vote our CLP and it recognised the need for change within planning and the procurement processes. Carillion was a Grenfell moment within the construction industry and we can act as a vanguard against unethical companies with this resolution. 

The old model was broken and we need to face upto that.. Its now up to us fix it with the firm implementation of the workers charter. There can be no other way". 

http://www.left-horizons.co.uk/index.php?section=10&page=216

2. Spycops - Serious concern over ongoing delaying tactics at inquiry into undercover political policing 

http://campaignopposingpolicesurveillance.com/

http://campaignopposingpolicesurveillance.com/2018/02/14/which-justice-campaigns-spied-on/

3. Was my friend an undercover police officer? 

Shocking revelations here too

http://undercoverresearch.net/1260-2/

4. Mark Constantine introduced our session at the Lush Summit 2018 by saying, “Spycops is THE most important campaign in the UK today”

5. BSG out in force with banners and showing support for the Keep NHS public day on Saturday 3rd March and RMT train drivers strike too 

6. Big feature article on John McDonnell in the FT on Friday 1st March. Both joint secretary’s Dave Smith and Roy Bentham contributed to the article of one of our founder members. 

McDonnell lists his hobby in Who’s Who as “fermenting the downfall of capitalism”. 

"Our objectives are socialist. That means an irreversible shift in the balance of power and wealth in favour of working people,” he explains. 

Dave Smith, head of the Blacklist Support Group, says he would often encounter McDonnell at a picket at 6.30am:  “When no one else was prepared to talk to us he was there . . . representing working people fighting for justice.”

Royston Bentham, a blacklisted construction worker from Liverpool, says McDonnell sometimes visits Anfield:  “People come over all the time and shake his hand and chant his name in the pub . . . he has been through the bad times in the Labour Party and is now on the cusp of something big.”

https://amp.ft.com/content/d9c2b1be-1c10-11e8-aaca-4574d7dabfb6?__twitter_impression=true

7. BSG member Jack Fawbert scribes another brilliant piece on his Blacklisting experiences here 

http://www.left-horizons.co.uk/index.php?section=10&page=204

8. Mears dispute has been won by the brothers and sisters emphatically up in Manchester. 

We send our solidarity upto the Nw on a magnificent victory 

http://www.theconstructionindex.co.uk/news/view/mears-settles-manchester-dispute

9. And finally we stand shoulder to shoulder with our UCU comrades striking for pay and pensions in education and the Crossrail electricians in dispute with Balfour Beatty. They have our full support in their struggles.. 

http://shopstewards.net/2018/02/4802/

In solidarity 

Roy Bentham  

Manchester Mears Group Strike explained

NV Editorial comment on Mears dispute:  Dave Smith, joint secretary of the Blacklist Support Group, wrote to a shop steward involved in the strike at Mears Group plc [see e-mail below].  Mears is a housing repair and maintenance body.  The Mears workers walked out in a strike over pay and conditions, begining with a 48-hour stoppage on the 16th, November 2017.  Some  180 Unite members who work at Mears in Manchester and at 'Manchester Working', a joint venture organisation operated by Mears, voted in favour of industrial action in a ballot last in October 2017.  The affected employees undertake housing maintenance work across 12,000 properties managed by the housing association Northwards, via a contract tendered by Manchester council.
The dispute seems to be complicated by the fact that  Manchester City Council was in the process of breaking up the joint venture company and much of the workforce has been TUPE – [Transfer of Undertakings (Protection of Employment) Regulations] transferred to Mears.In the run-up to the TUPE transfer in January 2017, Mears reneged on a previous commitment to tackle pay differentials.  In the run-up to the TUPE transfer in January 2017, Mears reneged on a previous commitment to tackle pay differentials.  
The new contract the Mears workforce are expected to follow demands a more flexible approach to shift working, additional working hours and days as well as greater use of technology, without any real increase in pay.  Mears is also seeking to introduce a ‘productivity procedure’ which is effectively a ‘sackers charter’ and has been pressurising the workforce into accepting poorer conditions regarding sick pay and vehicle policies.
 Even before the collapse of Carillion, the workforce was disappointed with the attitude of Manchester City Council, which was aware of the ongoing problems at Manchester Working but went ahead with the TUPE process regardless.

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Hi people,

SEE below email from the steward at Mears who are building workers in Manchester who have been on strike for the past 8 weeks now.   I've only just really heard about the dispute, so forgive me if its a really big deal up in the North West..  Any chance some of you guys contacting him and hopefully organizing some solidarity?

Dave

Hi Dave,

Unfortunately, Brother we are still very much out.

We are in our 7th week of a 12 week Strike Action with work only being undertaken on a Wednesday. This is our second wave of action in the same dispute.  Back in May 2017 we had our first 12 week strike that ended in 24/7 action against the companies MWL (a JVC) and Mears.

Any show of Solidarity is food for our members here in Manchester, be it a financial donation or just a message of support to remind us we are not alone.  This has been a difficult Winter for all involved in the action with Christmas falling within the period of action.  Truly a testing time for our members, there spouses and dependants.

Our Fighting Fund has helped releave the pressure on many of our younger members who are sole income householders woth young families and large mortgages.

One of my fellow Workplace Reps William Sinclair became a victim of Blacklisting here in Manchester back in the day.  He tells me how he had to find alternative employment away from the Building Trade at that time. Appalling.

Your Solidarity is greatly appreciated Dave and any monies raised will continue to go to those members in need to help bolster our resolve and prevent any considerations of a return to work through hardship. Our fund details are....

UCATT UD.393 Manchester 1st Branch

Sort Code  60-83-01

Account no.  46034412

Col Pitt

07930276010

Blacklist Support Group comment on Carillion

CARILLION admitted in the High Court that they blacklisted workers who complained about safety on their building sites, while at the same time milking public sector contracts for millions.  Workers on projects run by Carillon need to be paid and are entitled to their pensions but no more public money should be given to the bosses of the disgraced company.   In any civilized society, these people would be facing criminal charges. 

When you invite blacklisting human rights abusers to run the NHS and school meals, don’t be surprised when vampire capitalism attempts to suck the taxpayer dry.  The government should bail out the NHS not Carillon or their bankers.  The government should nationalise Carillon now at the current market value of their shares (nothing) and go further by banning all of the construction companies involved in the blacklisting human rights conspiracy from any publicly funded contracts.  

Roy Bentham, blacklisted carpenter from Liverpool and Blacklist Support Group joint secretary commented:

‘Carillion going bust to me is Karma.  No tears crocodile or otherwise from me.  They were up to their neck in blacklisting union members for raising safety concerns.  They got caught and said sorry but they were only sorry for being caught.  The fact I couldn’t get employment on the Liverpool Royal Hospital or Anfield shows they never changed their spots.  The fact that the manager who placed me on the Consulting Association files back in 1995 was still working there up until this morning shows how serious they took this as a human rights abuse.  No one disciplined, never mind sacked over the scandal tells you all you need to know.’

Dave Smith, BSG joint secretary posted on his Face Book page:

'Carillon blacklisted me after I raised concerns about safety on their building sites; it ended up in the European Court of Human Rights.   At the very same time the company were milking public sector contracts including in the NHS.   Not another penny of taxpayers money should be given to these wretches.'

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Instirute of Employment Rights for blacklist inquiry

14 December 2017:
A new report published by independent think tank the Institute of Employment Rights recommends a public inquiry is conducted into the blacklisting scandal, and sets out a 'Manifesto Against Blacklisting', proposing changes to the law, including criminal sanctions for employers operating blacklists.
It has been eight years since the Information Commissioner's Office (ICO) raid of blacklist operation The Consulting Association found evidence that thousands of workers had been locked out of employment in the construction industry for such reasons as highlighting dangerous working practices or being a member of a trade union.
Despite continued legal action, justice has not yet been served, with Unite the Union now seeking compensation for 70 further workers who did not benefit from previous out-of-court settlements, and new evidence of continued blacklisting in the construction industry being debated in parliament.
In the latest IER publication – Blacklisting: The need for a public inquiry – Secretary of the Blacklist Support Group, Dave Smith, maps out the barriers to justice experienced by workers, both in terms of accessing the tribunal system and in securing a guilty verdict for their former employers. He emphasises that what the thousands of victims of blacklisting want the most is for the individuals responsible for their plight to be publically held to account.
"It's been an ongoing fight for decades and the end still seems distant," Dave Smith, Secretary of the Blacklist Support Group and co-author of the report, said. "Before the 2009 ICO raid that finally proved us right, we were labelled conspiracy theorists, and even after we had the evidence it was an uphill struggle to be heard in court.
"Even for those who eventually received compensation, money alone is not justice.  Blacklisted workers spent years of their lives struggling to make ends meet, with many reporting to me that the strain stretched beyond finances, to their families and relationships, their mental health, their social lives."
What blacklisted workers most want to see is the individuals responsible for their suffering to be held to account.  We want a full public inquiry to investigate the truth behind what happened, and we want a change in the law to prevent other workers from going through what we have."
The publication concludes with a Manifesto Against Blacklisting drafted by employment law expert Alex Just, who makes several recommendations for changes in the law. Key recommendations include:

• Criminal sanctions for employers that illegally blacklist workers, including personal criminal liability for staff who knowingly blacklist
• A 10-year ban on holding a directorship for any person found guilty of blacklisting
• A ban from public contracts for firms that illegally blacklist workers
• Compulsory training for HR directors and staff on the law around blacklisting
• Stronger powers for the Information Commissioner's Office (ICO) to investigate cases of suspected blacklisting
• The establishment of a new UK Data Court to consider civil and criminal charges jointly so that judges are able to hear all of the evidence pertaining to a case
  

"It is clear that the law as it stands is not robust enough to protect workers or to bring those operating illegal blacklists to account. Not only is there still a requirement for further legal action eight years on, but the employers involved continue to make billions in profit from public contracts having been able to evade being found officially 'guilty' of acts they have publically admitted to," employment law expert and co-author of the report, Alex Just, explains.
"A thorough examination of the obstacles faced by blacklisted workers over the last eight years has revealed several key factors that we recommend are reviewed and changed in order to prevent another years-long scandal being dragged through the courts in the future. The law must provide justice to those workers who have lost years of their lives, and it must act as a deterrent to the secret continuation of blacklisting by holding those responsible to account."
 Ÿ  IER news release

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Blacklist Complainants Object to Inquiry Chair!

Secret Court of the Investigatory Powers Tribunal 

A PACKED meeting in parliament of core participants, other activists and lawyers for those targeted by undercover police voted unanimously for Sir John Mitting to be removed as chair of the public inquiry into undercover policing.  This follows deep unease by those spied on by police about the 'Minded To' Notes published by Mitting on the UCPI website which appear to be heading in the direction of an inquiry held in secret rather than an open transparent and public inquiry.  Mitting is one of the hand picked members of the senior legal profession to sit in the secret court the Investigatory Powers Tribunal - the antithesis of open and transparent justice.

'paradigm shift'

Neville Lawrence told the meeting he and many other victims of undercover police spying had 'lost faith' in the inquiry given the new direction taken by Mitting.

Imran Khan, lawyer for Doreen Lawrence and the Blacklist Support Group told the meeting that there had been a 'paradigm shift' since Mitting took over from the former head of the inquiry Lord Justice Pitchford who was forced to stand down due to ill health. 

The public inquiry was announced 3 years ago by the then Home Secretary Theresa May but to this day not a single witness has given evidence and not a single document disclosed to the lawyers of the victims.  Suresh Grover from the Monitoring Group told the meeting that "the police have deliberated obstructed justice". 

Garrick Club & 'institutional sexism'

Helen Steel argued that his credentials as a member of the men-only Garrick Club meant he was the wrong person to rule on institutional sexism of the undercover police.  A new 'timeline' on the inquiry website fails to mention the public apology made by the Metropolitan Police to the women activists deceived into long term relationships by the police spies.

Stafford Scott, from Tottenham Rights told the meeting that "families of murder victims are being denied access to files kept on them" due to ongoing institutional racism by the Met Police. 

Dave Smith, blacklisted union activist said that victims had "always been sceptical whether the British state would truly expose the truth about the UK's secret political police units". 

The meeting was chaired by Naz Shah MP who said she would raise the concerns on the Home Affairs Select Committee and with the Home Secretary.

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Blacklist Support Group update 10th July 2017:

1. One word. Shocking. Undercover Police Monitored And Spied On Jeremy Corbyn for 20 years. Jeremy as ever has the BSG's full support

http://londonwebnews.com/2017/06/30/police-monitored-jeremy-corbyn/

2. Did Undercover Police Target Grenfell Residents Who Raised Fears About Safety?

Dave Smith representing. As above with Jeremy, the Grenfell residents can count on the BSG's support. As a Hillsborough survivor, i can assure the victims of the fire that they can count on our solidarity too

http://morningstaronline.co.uk/a-fcb3-Did-undercover-police-target-Grenfell-residents-who-raised-fears-about-safety#.WWB_tX_TXYW 
3. Blacklisted worker Roy Bentham causes the establishment and mainstream media to go into frenzy after being elected to a union liaison role in Wavertree Labour Party 
 http://www.dailymail.co.uk/news/article-4670494/Luciana-Berger-threatened-deselection-hard-left.html

https://www.theguardian.com/politics/2017/jul/06/labour-mps-critical-of-corbyn-fear-deselection-after-get-on-board-warning?CMP=share_btn_fb

4. Protest in solidarity with great comrade of the Blacklist Support Group Bob Carnegie  over Lendlease. Special mention to BSG member Keith Dobie in coordinating last weeks demonstration against Haringey Council regarding their partnership with the rogue company. 

https://m.youtube.com/watch?feature=youtu.be&v=3aZbDY1MvOw

5.  There was a protest outside Housing conference  in Manchester Central (GMEX) on Thursday 29th June when the Mears CEO was speaking. 

Maintenance workers, employed by Mears and working on social housing in Manchester, are in the middle of 12 weeks of strike action over unequal pay and attacks on terms and conditions. 

The BSG sends its support and solidarity 

http://www.unitetheunion.org/news/mears-using-manchester-pay-to-suppress-wages/

6.  'Blacklisted' book (echoing union activists) describes umbrella payroll companies in the construction industry as a giant scam designed to deny workers basic employment rights and at the same time deprive the tax man of billions in revenue. 

Now the bosses who orchestrated these schemes are starting to be sent to jail.

http://www.constructionenquirer.com/2017/06/14/umbrella-payroll-cheats-jailed-for-pocketing-45m/

7. Blacklisted workers travelled from across the country to the big Tories Out demonstration last Saturday. 

#NotOneDayMore 

http://www.bbc.co.uk/news/uk-40468881

8.  Calling all blacklisted workers or associates in the Manchester area!

MIF are working with the Turner Prize-nominated visual artist Phil Collins on a project for the Manchester International Festival on July 16th. Phil’s project is a very timely examination of current day working practices - minimum wage, zero hours contracts, blacklisting and exploitation. 

Get yourself along if you are in the area. 

http://mif.co.uk/mif17-events/ceremony/

9. Great result at the Football Supporters Federation AGM on Sunday at the FA National Centre in Burton. 70 Football fan groups voted in favour of boycotting the S*n from their respective clubs. 

http://www.independent.co.uk/news/uk/home-news/hillsborough-disaster-latest-news-the-sun-boycott-fans-70-football-clubs-liverpool-sheffield-a7820391.html

10. 21st June. Jeremy Corbyn received one of our justice campaigns banner t shirts at a recent Unite Executive Council meeting in Holborn during an impromptu visit.

http://www.liverpoolecho.co.uk/news/liverpool-news/jeremy-corbyn-receives-special-scouse-13217190

11. Durham Miners Gala. 8th July

Plenty of BSG members in attendance at an event which garnered record crowds with Jeremy addressing a reported 200,000 supporters. Don't forget Tolpuddle this weekend.  

12. Private Investigators spying on union and fracking activists

https://thebristolcable.org/2017/07/private-investigators-spying-fracking-trade-union-activists/

And finally best wishes to brother Dave Smith who is studying hard to get his PHD nailed. 

I'd also like to thank everyone within the group for campaigning magnificently on behalf of the Labour Party during the election too. 

Never forget. We are the many 

Roy Bentham (joint secretary)

Blacklist Support Group 

European Court: Defeat for Worker's Rights

FOLLOWING a decision in the European Court of Human Rights in Strasbourg released this week, campaigners are challenging politicians to provide legal protection to agency workers. The ruling in the case of Smith v. the United Kingdom (Application Number 54357/15) was handed down by ECHR President, Kristina Pardalos, relates to Dave Smith, an engineer from Maldon in Essex, who was one of thousands of construction workers who appeared on the notorious Consulting Association blacklist operated on behalf of the UK's major building contractors.  Smith was blacklisted after he being elected as a safety representative for the construction UCATT (now part of UNITE).

His Employment Tribunal against various companies in the Carillon Group became a test-case for blacklisted workers but the Strasbourg decision has implications far beyond just the construction industry.  At the original Employment Tribunal, the company admitted that their senior managers had provided information to the blacklist because Smith was a union member who had raised concerns about safety issues on their projects.  But the ET found against Smith because as an agency worker he was not covered by UK employment law.  Millions of agency workers are currently excluded from basic employment rights such as unfair dismissal, redundancy and protection from victimization for raising safety issues.    

Smith's legal team appealed the case all the way to the Court of Appeal before it was finally rejected at the Supreme Court.  A submission was made to the European Court of Human Rights arguing that the Consulting Association blacklist conspiracy was a violation of Article 8 of the European Convention on Human Rights, which are supposed to apply to everyone not just direct employees.  

Paragraph 36 of the ECHR judgement reads: 

"At the outset, the Court considers that in light of the criminal proceedings pursued against the Chief Officer of the Consulting Association by the Information Commissioner for failing to register as a data controller under the Data Protection Act and the admissions made by the defendant companies in the High Court proceedings, it is clear that the retention of personal data by the CA interfered with the applicant’s Article 8 rights". 

However, because of the campaign led by the Blacklist Support Group alongside the UNITE and GMB trade unions, which resulted in a Select Committee investigation and a multi-million pound settlement in High Court litigation, the ECHR ruled that Smith's case had been 'duly considered' by the British legal system and was therefore declared 'inadmissible'. 

While Smith was paid compensation during the High Court settlement, the ECHR ruling leaves the issue of the second class treatment of agency workers by UK employment law completely unresolved.  If even a blacklisted worker whose human rights have been infringed cannot win legal redress in either the UK Employment Tribunal system or the highest court in Europe, what chance do care workers, teachers or nurses engaged via employment agencies stand?  The current differential treatment of agency workers amounts to a EU sized loophole by which unscrupulous bosses can exploit agency workers with absolute impunity.  

John Hendy QC represented Smith in his test-case and commented on the ECHR decision:

"The use of agency workers and false self employment now deprive several million workers from full employment rights. The use of employment tribunal fees defeats the rights of those workers who do have them. As Dave Smith's case shows these problems cannot be left to the courts: they require urgent and fundamental legislation. The election provides the opportunity to vote on this issue".

After receiving the decision, Dave Smith commented:

"This ECHR decision is a green light to bad employers.  If UK and EU judges either can't or won't protect agency workers. I challenge all political parties in the General Election to commit themselves to extending full employment rights to the millions of workers engaged via employment agencies. In an era of zero hours contracts and casualisation, this is a defining issue for any politician claiming to stand up for workers rights". 

Gail Cartmail, UNITE Assistant General Secretary stated: 

“As this disappointing decision is being digested we know the paucity of legal protection from blacklisting means that third parties are instructing “do not engage” or if an activist slips through the net, dismiss.  Tomorrow is International Worker’s Memorial Day when we will mark 43 construction workers death from April 2015 to April 2016. In the past and today major players in construction have singled out trade union activists for raising legitimate safety concerns.  We need a full Public Inquiry and it is good to know this is a Labour pledge.  Remember the dead and fight for the living.”

UNITE member, Terry Brough, was the only other blacklisted worker to have a case submitted to the ECHR.  His case was ruled 'inadmissible' in September 2016. Brough commented:

"I extend my solidarity, respect and best wishes to Dave and his team in this, his latest involvement in the fight for justice. Blacklisted workers have not achieved justice through the courts: Corbyn should pledge a full public inquiry on the blacklisting scandal".  

Blacklist Support Group

Joint Trade Union Statement on Police Spies

Joint Union Statement: 

We the undersigned are outraged at the news that despite court orders to the contrary, the Metropolitan Police Service has destroyed evidence required for use in the Undercover Policing Public Inquiry. State spying on trade unions and political campaigns is a human rights scandal that affects millions of British citizens.  

Despite continued reassurances, the Pitchford Inquiry has failed to secure the documents that will be central to the investigation. Trade union core participants are beginning to question whether the Inquiry team has the ability to stop the police from obstructing the pursuit of justice. Lord Justice Pitchford needs to act now to restore our faith.  

We are calling on Lord Justice Pitchford to announce an urgent Inquiry hearing to examine the destruction of evidence by the police. The Commissioner Bernard Hogan-Howe should be forced to give evidence under oath to explain why, how and under whose authority documents have been destroyed. 

Lord Justice Pitchford needs to take immediate measures to secure all documentation held by the police, in order to prevent future destruction and avoid the entire inquiry descending into a hugely expensive cover-up on the part of the Metropolitan Police.  

SIGNED:

Len McCluskey (General Secretary) and Gail Cartmail (Acting General Secretary) UNITE the Union, incorporating UCATT 

Matt Wrack (General Secretary) Fire Brigades Union

Chris Kitchen (General Secretary) National Union of Mineworkers

Tim Roache (General Secretary) GMB union 

Mick Cash (General Secretary) Rail Maritime and Transport union 

Michelle Stanistreet (General Secretary) National Union of Journalists 

Dave Smith and Roy Bentham (joint secretaries) Blacklist Support Group