Blacklist By Trade - GMB

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GMB@WORK Dave Smith said "Carillion are a multi-national corporation and seem to think they are above the law but they are not. I have not had an apology or one penny compensation from this company who kept me out of work costing me and my family hundreds of thousands in lost wages and I want justice from the courts I am saying my human rights were violated as I was repeatedly dismissed and refused work once my name appeared on the illegal Consulting Association blacklist after I had raised concerns about asbestos, poor toilet facilities and contaminated waste on London and Essex building sites controlled by companies in the Carillion Group. I discovered that I was on the construction blacklist for being a member of a trade union. My blacklist file runs to 36 pages and includes my name, address, date of birth, NI number, car registration full works history, photographs and copies of my safety reps accreditation with the Schal office stamp on it. My legal representative will argue that my case should be allowed to continue to the next stage of the legal process because the original ET the decision is in violation of the Human Rights Act and the European Convention on Human Rights - Article 8 (the right to privacy) and Article 11 (the right to freedom of association). Human rights are supposed to apply to "everyone" but in UK employment law, apparently the original tribunal decided that they only apply to direct employees. My legal team is arguing that existing UK law should be interpreted in such a way as to uphold human rights and therefore the tribunal should extend the legal protection to all "workers" and not just direct employees. I am taking this claim to highlight a major human rights scandal and to get justice for me and my family. Honest trade union members were blacklisted for nothing more than raising concerns about safety issues or unpaid wages. It is not illegal to be a member of a trade union - but it is illegal for big business to systematically breach an individual’s human rights. For many years Carillion played an active role in this secret conspiracy that MPs have described as a "National Scandal" Blacklisted workers will continue to expose Carillion and the other blacklisting firms until we get the justice we deserve." Electricians top trade on construction industry blacklist as GMB shows breakdown by occupation. http://www.gmb.org.uk/newsroom/blacklist-by-trade Page 4/8 Join online today at www.gmb.org.uk/join GMB Euston Office: 22 Stephenson Way, London NW1 2HD • Tel: 020 8391 6700 • email: info@gmb.org.uk
GMB@WORK Carillion in court in London today (26th February) for blacklisting Essex construction worker who seeks remedy for harm he suffered at their hands GMB, the union for construction workers, has disclosed the breakdown by occupation of workers on construction industry blacklist. This covers 1,864 (58%) where the occupation is known for the total of 3,213 on the blacklist. Earlier this month GMB disclosed that some on the list are green activists who have not worked in construction industry. GMB is asking if the security services were involved in them being put on the list. GMB also revealed that at least 240 on the list are women. A national newspaper has revealed that green activist Tamsin Omond is on the blacklist. Of 1,864 people on the list there are: 529 electricians (28.4%), 240 labourers (12.9%), 211 joiners/carpenters (11.3%), 174 pipe fitters/laggers (9.3%), 141 platers, erectors and other metal workers (7.6%), 105 bricklayers (5.6%), 99 welders (5.3%), 96 scaffolders (5.2%), 66 banksman/ riggers (3.5%), 63 others (3.4%). 33 miners/ tunnellers (1.8%), 31 plumbers (1.7%), 25 fitters (1.3%), 21 drivers/crane drivers (1.1%), 17 plasterers/painters (0.9%) and 13 engineers (0.7%).The occupation for 1,349 people on the list is not known. This disclosure co-incides with the hearing at the Employment Appeal Tribunal (EAT) in London today (26th Feb) on Carillion’s involvement in the construction industry blacklist as EAT hears an appeal from Essex engineer Dave Smith who was blacklisted by Carillion. See notes to editors below for EAT details and for statement by Dave Smith. Carillion's involvement with blacklisting came to light when in 2009 the Information Commissioners Office (ICO) seized a Consulting Association database of 3,213 construction workers used by 44 companies to vet new recruits and keep out of employment trade union and health and safety activists. Mr Smith took a case against Carillion to an Employment Tribunal in London in January 2012. In the judgment in March 2012 (Case no 1310709/2009) the judge said "It seems to us that he has suffered a genuine injustice and we greatly regret that the law provides him with no remedy". This was because he lost the case on the technical point that he was not directly employed by Carillion who blacklisted him but was "employed" by an employment agency. The appeal arises from this case. ICO confirmed that Dave Smith was one of 224 construction workers from around the UK who were victims of blacklisting by Carillion. These names were released in the course of the Dave Smith’s employment tribunal. The 224 people blacklisted by Carillion were either based in or tried to obtain work in the following http://www.gmb.org.uk/newsroom/blacklist-by-trade Page 5/8 Join online today at www.gmb.org.uk/join GMB Euston Office: 22 Stephenson Way, London NW1 2HD • Tel: 020 8391 6700 • email: info@gmb.org.uk
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Blacklist By Trade - GMB

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