Blacklisting is a despicable practice and it’s an outrage that it’s still being used in the 21st century, writes Alan Ritchie
For decades, the lives of thousands of construction workers have been ruined because of endemic blacklisting in their industry. They have always known that blacklisting existed and my union, UCATT, has campaigned for many years for the practice to be outlawed. The challenge has always been to prove beyond doubt that blacklisting was taking place.
Last year, UCATT began working with a number of journalists to re-examine the issue. Several investigations bore fruit quite spectacularly and the Government’s watchdog, the Information Commissioner’s Office, became involved.
In March 2009, the ICO raided the premises of the Consulting Association, a company run by a man called Ian Kerr. ICO officials found a blacklist containing the names of more than 3,000 construction workers. Over 40 major construction companies were subscribers to this blacklist. This was not some defunct list from the 1970s; Kerr was raking in a six-figure sum every year from his grubby trade.
The blacklisting focused on two main areas: membership of a trade union and health and safety. Many workers were blacklisted for raising health and safety concerns, whistle-blowing about dangerous sites or taking on the role of a safety representative.
Every year, more than 70 people in the construction industry are killed at work. Construction is the most dangerous industry in Britain.
Kerr could not be charged for blacklisting, since the practice is not against the law. However, the ICO was able to bring charges against him because of offences concerning the illegal collection of information.
The case was originally heard in May at Macclesfield Magistrates Court. Kerr failed to attend and pleaded guilty in his absence. However, magistrates decided that the maximum fine they could impose – £5,000 – was “wholly inadequate”.
The case was transferred to Knutsford Crown Court, where the judge had the power to impose an unlimited fine. Sentencing took place on July 16 2009. This time, Kerr was present to hear his legal representative tell the court a sob story about how he was a pensioner with no employment opportunities and few savings. The judge decided to accept these arguments and fined Kerr £5,000.
The failure to impose a greater penalty and the fact that Kerr could not be given a custodial sentence has angered many of my members, particularly those who have suffered because of his blacklist. They regard the fine as paltry and in no way a sufficient punishment
The legal issue may not yet have run its course. Following the sentencing, the ICO announced that it had served enforcement notices on 17 of the worst offenders among the construction companies. It added that “formal enforcement action” would follow. It is hoped that this amounts to far more than the proverbial slap on the wrist.
In public, the heads of major construction companies they are committed to improving safety. Now it has been shown that, behind the scenes, they have sough to ensure that people who know about construction dangers and who would be able to help make sites safer never set foot on them. Tragically, construction workers have been killed and maimed as a consequence of blacklisting.
Once the blacklist came to light, UCATT took action – industrially and politically. We have met many of the companies involved, told them their behaviour has been totally unacceptable and that we would pursue legal avenues against those involved. We have ensured that the worst offenders have been publicly exposed.
We have demanded that the Government implements swift measures to outlaw blacklisting once and for all. The practice should have been banned when the Government passed the 1999 Employment Act. Sadly, ministers hesitated then and held back from introducing the necessary regulations, arguing there was no evidence that blacklisting was still used. They were wrong.
In May 2009, the Government finally conceded its error and announced there would be a short consultation period before introducing legislation this autumn aimed finally outlawing blacklisting.
This is an important step forward, but there are issues surrounding the previous widespread use of blacklists that are not included in the consultation. These must not be ignored or swept under the carpet.
In UCATT’s view, those found guilty of blacklisting or assisting blacklisters should face the possibility of a custodial sentence.
Also, the draft regulations only deal with blacklisting for trade union activities. Yet much of the Consulting Association’s documentation did not cover specific union activity.
Instead, individuals were blacklisted for a wide variety of reasons. These included health and safety issues and membership of political parties. UCATT’s submission will argue that the regulations must be framed in order to ban all forms of blacklisting and ensure there are no loopholes.
Equally, we contend that victims of previous blacklists, who have been denied work illegally, deserve some form of compensation. Their lives and the lives of their families have been damaged.
Another matter, which UCATT resolved recently, was the future of the Consulting Association’s database. Originally, the ICO intended to destroy the blacklist this summer. UCATT persuaded its officials that this was too soon.
Many blacklisted workers have since left the construction industry and others are not union members. All construction workers need to be given the maximum opportunity to discover if they were blacklisted and by whom. The ICO has now agreed that the blacklist should not be destroyed until at least March 31 2010, when the situation will be reviewed again. We are also asking the ICO to better inform people of the existence of the blacklist and how they can find out if they were included on it.
Blacklisting remains a live issue. It is unlikely that the Consulting Association drew up the only blacklist being operated in construction or that construction is the only industry where blacklisting takes place.
For example, safety representatives in the offshore industry have been on the receiving end of blacklisting in the past. It is strongly suspected that there is also blacklisting in other casualised sectors, such as road haulage. As in construction, the difficulty lies in proving that blacklisting is being used.
Since the blacklisting story broke, my primary concern has been to provide help and support for UCATT members. We wrote to all of them, informing them of what they needed to do to find out if they had been blacklisted and what action they could then take.
The legal issues concerning blacklisting are very complicated. A worker must prove they have experienced detrimental treatment as a result of a particular company’s actions. UCATT is committed to taking on every case where we can prove that our members have been victimised in this way.
These cases are currently being put together. Our members have contacted their regional offices and supplied copies of their files. The information is shocking. Ironically, among the blacklisters’ favourite weapons were articles and news stories that appeared in the Morning Star.
There are still tortuous legal hoops to be overcome if a case is to be successful. And we have discovered that a large number of UCATT officials, executive council members and activists have been blacklisted. After checking my own records I discovered that I, too, was on the blacklist. If I had needed to seek construction work again at any time, I am sure my blacklist file would have prevented me from getting a start.
Blacklisting should have been a problem of the past. The fact that it remained endemic into the 21st century is absolutely scandalous. However, provided the Government fulfils its commitment, blacklisting should, at last, be outlawed this year.
Alan Ritchie is general secretary of UCATT
