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splurge  
#1 Posted : 13 October 2013 09:35:43(UTC)
Rank: Forum user
splurge

Are we likely to hear more about this gross violation, and who is responsible ?
johnmc  
#2 Posted : 13 October 2013 10:14:30(UTC)
Rank: Forum user
johnmc

It looks like the big players are going to throw money at it and admit nothing, hoping other stories will make this look trivial.
splurge  
#3 Posted : 13 October 2013 11:06:51(UTC)
Rank: Forum user
splurge

Yes John, you are right, but there are construction guys who have not been able to get employed because of this. IOSH and Job Centre's should be become more actively involved in investigating, in order to prevent it from happening again. Many don't even know they have been blacklisted. This is Health & Safety issue.
Zimmy  
#4 Posted : 13 October 2013 11:07:11(UTC)
Rank: Super forum user
Zimmy

I just wish people would stop asking questions when they don't want to hear the answers... Tell someone that they are in breach of a duty of care and ... well you know the rest I guess
splurge  
#5 Posted : 13 October 2013 11:48:52(UTC)
Rank: Forum user
splurge

Not to sure what you mean, regarding 'people asking questions', besides it is one's constitutional right to do so, and any breach in the duty of care by anyone, or any organization needs to be examined fairly. Construction 'workers' who may have been blacklisted, need to know why highlighting safety issues was wrong.
Graham Bullough  
#6 Posted : 13 October 2013 18:00:40(UTC)
Rank: Super forum user
Graham Bullough

splurge This discussion forum is a public one and read by a wide spectrum of people in the UK and also abroad. For the benefit of those of us who know little or nothing about the subject of your questions, please could you provide some information about it or least one or more links to relevant websites?
splurge  
#7 Posted : 13 October 2013 19:06:08(UTC)
Rank: Forum user
splurge

I am well aware of that. It is by now common knowledge that construction workers were blacklisted. An apology was put forward from some construction companies with an offer of compensation as a result of this. I'm sure IOSH could provide you with a detailed account of the issue that johnmc is also aware of.
johnmurray  
#8 Posted : 14 October 2013 07:36:22(UTC)
Rank: Super forum user
johnmurray

My union is quite interested in the application of justice on this subject. As is noted on their website: http://www.unitetheunion...onstructionblacklisting/ Note the international element..
walker  
#9 Posted : 14 October 2013 08:42:17(UTC)
Rank: Super forum user
walker

Not sure what this has to do with IOSH
johnmurray  
#10 Posted : 14 October 2013 09:01:34(UTC)
Rank: Super forum user
johnmurray

John M  
#11 Posted : 14 October 2013 11:29:52(UTC)
Rank: Super forum user
John M

..... and from my Union. http://www.gmb.org.uk/ Jon
NigelB  
#12 Posted : 14 October 2013 12:44:52(UTC)
Rank: Forum user
NigelB

Further to Graham’s request at #6: An organisation called the Economic League was started in 1919 with the remit to help prevent ‘subversion’ against ‘free enterprise’. This it did in the shadows of secrecy for many years, mainly by holding secret files on people supposedly a threat to companies and the nation. During the more public exposure of their activities during the 1980s and early 1990s it was revealed that a substantial amount of information they held was inaccurate. In part, information was used by Economic League supporters to stop people listed from getting work – hence the blacklisting terminology. Following a Parliamentary select committee investigation in 1990, the secret backstabbing activities of the Economic League received greater publicity and in 1993, they closed down. One of the League’s staff – Ian Kerr – was then approached by some Construction companies to keep the files on construction workers. This he did and then became the main director of The Consulting Association. With a few staff, The Consulting Association received financial, structural and organisational support from a load of construction companies, many of which were household names. In 2009 the offices of The Consulting Association were raided by officials from the Information Commissioner who took away only the files that related to the construction workers. It was closed down. 42 construction companies were identified as being involved. As the files were read it was found that, as well as being listed for being active ‘trade union’ members, many were listed because of raising health and safety issues. The ‘blacklist’ was deemed illegal and Mr Kerr was fined £5,000. Apparently the fine, Mr Kerr’s legal costs and other costs were paid for by a construction company. A number of companies who had paid for and used the illegal services of The Consulting Association were sent letters saying they should not use the information they had obtained. And that was it. However the trade unions and the Blacklist Support Group have not let the issue drop and recently several companies have indicated they will establish a compensation scheme for blacklisted workers. Of course this will be on the basis that these companies are not liable. It has also been confirmed by the Information Commissioner that some of the information held on the illegal blacklist must have come from the police and/or the security services. Rather ironically the Information Commissioner cannot release the specific information because it would be in breach of Data Protection legislation. As Richard Littlejohn might say ‘You couldn’t make it up’!! I was at a Construction Summit in 2001 at the QEII Centre in Westminster where the great and the good from the Construction Industry talked about ‘drinking in the last chance saloon’. This led to the ‘Respect for People’ initiative where industry leaders waxed lyrical about the need to change ‘industry culture’, eradicate the ‘macho culture’ and treat workers – and others – with respect etc etc. Indeed I have even heard construction Directors of Safety saying that a sign of a ‘positive health and safety culture’ is workers stopping work if they feel their health and safety is a risk. And all the while they were supporting, financing, using and maintaining an organisation whose information was helping to deny employment to workers who had raised health and safety issues on construction sites. If anybody wants further details of this despicable construction industry supported illegal activity, try: www.ico.org.uk/news/curr...s/consulting_association www.hazards.org/blacklistblog/ Cheers. Nigel
Graham Bullough  
#13 Posted : 15 October 2013 17:57:18(UTC)
Rank: Super forum user
Graham Bullough

Many thanks to JohnMurray, John M and NigelB for providing links to websites about the blacklisting of construction workers. Also, NigelB's response at #12 itself provides a very good summary as well as historical background. Though I've long been interested in history, I didn't actually know/remember about the Economic League started in 1919, although its formation was not surprising as a response to widely held fears at the time about the possibility of revolution in the UK. After all, the long-established imperial systems of Russia, Austria-Hungary and Germany, considerably weakened by WW1 (and likewise the UK, France and other countries), had just been replaced by republics! I did have some awareness of the blacklisting from internet sources and elsewhere, but such sources seemed to be sparse in content and sporadic - so my earlier plea was for more information mainly on behalf of others who might equally know little or even nothing about it. As some or many of those blacklisted were reportedly included simply for having raised concerns about health and safety, this is a very appropriate topic to air and discuss on this forum. NigelB - You commented that, rather ironically, the Information Commissioner cannot release the specific information because it would be in breach of Data Protection legislation. However, the ICO webpage you quoted includes the following section: "How do I know if The Consulting Association held information about me? Because people may have been denied employment because of the activities of The Consulting Association, the ICO has assumed control of the database. We are running a telephone service for people to check whether information about them was held on The Consulting Association’s database. This service will be provided by the ICO, not The Consulting Association. We intend to run the service until the related employment tribunal hearings are finished. We will then decide whether it’s necessary to continue the service." Therefore, do you and/or anyone else know how the ICO respond to anyone who thinks they have been blacklisted and decides to phone the ICO? i.e. does the ICO merely confirm to a caller whether or not they were included on the list? If someone was on the list, will the ICO provide any other available information held on the list about them, even if this is subsequently done by written correspondence rather than by phone? Another thought - the reported use of the blacklist by what seems to be all the big UK construction companies (any exceptions?) indicates that the managers involved had a lamentable understanding of OS&H and how employees and safety reps - people actually involved in carrying out construction activities - can help their employers by identifying problems and suggesting practical solutions!
Zimmy  
#14 Posted : 15 October 2013 19:12:06(UTC)
Rank: Super forum user
Zimmy

Regarding the post at #4 Sorry about that I was working on something else and pressed the wrong buttons.
bob youel  
#15 Posted : 16 October 2013 07:36:54(UTC)
Rank: Super forum user
bob youel

What's new? This sort of thing has gone on since one person worked for another person, is currently going on and will continue into the foreseeable future The only way this sort of thing can be fought is for all of the H&S community to be vocal, active and permanent in their crusade and the only certainty is that all loopholes are being looked at to stop info about such things getting out into the public domain
bob youel  
#16 Posted : 16 October 2013 07:40:55(UTC)
Rank: Super forum user
bob youel

with reference to the term 'constitutional' and rights under it - as far as I am aware we in the UK are officially still 'subjects' not citizens and nor do we have a written constitution
johnmurray  
#17 Posted : 16 October 2013 08:18:23(UTC)
Rank: Super forum user
johnmurray

Well, if you take the insular UK viewpoint. On the other hand, we are citizens of the European Union, with rights guaranteed by that union and by our "membership" of the wider world. You may remember that the present government has a "thing" about our european rights, but since it comes from the "forelock-tugging" generation.......personally, I would rather have some rights rather than none...
NigelB  
#18 Posted : 16 October 2013 13:32:05(UTC)
Rank: Forum user
NigelB

Graham #13 My reference was to the evidence the IC has about the police and security services supplying information on individuals to the Consulting Association - I understand this is the information that is being withheld. In passing: Mr Kerr died of natural causes not long after he had given his evidence to the Scottish Affairs Select Committee. However his wife gave an interview after her husband had died, saying that the IC only took the files related to the construction workers. Apparently this represented about 10% of the files being held at the time. She confirmed that for the three days following the IC raid, Mr Kerr burnt all the remaining files. How unfortunate. I assume the construction companies were pleased when an industrial tribunal did not allow a case to go ahead because the individual was not an employee; non-employees being the employment status of choice for many construction organisations. However European based law, which the UK has voluntarily signed up to - on its citizen's behalf - is often based on workers' rights, not employees only. So matters legal now get interesting for those workers who were blacklisted - if they can find out whether or not they were blacklisted, of course. Cheers. Nigel
Canopener  
#19 Posted : 16 October 2013 14:21:57(UTC)
Rank: Super forum user
Canopener

quote=bob youel] with reference to the term 'constitutional' and rights under it - as far as I am aware we in the UK are officially still 'subjects' not citizens and nor do we have a written constitution
I have heard the same before however, my passport says that I am a citizen! "The most acceptable evidence of British citizenship is a British passport.". Source - http://www.ukba.homeoffi...enship/aboutcitizenship/ "In some circumstances, British subjects are able to register as British citizens.". Source - http://www.ukba.homeoffi...onality/britishsubjects/ Although the UK/GB (they are different) does not have a single document identified as a constitution, it is if I recall from my NEBOSH law module days (that's a dim and distant memory) embodied within our general legal system. Happy to be wrong though!
A Kurdziel  
#20 Posted : 16 October 2013 15:24:13(UTC)
Rank: Super forum user
A Kurdziel

There is this myth that we are subjects not citizens; that has not been the case since the British Nationality Act 1948 established the status of Citizen of the United Kingdom and Colonies for us. Since then we have been largely reclassified as British citizens, with a separate category for British Overseas Territories citizens. The other myth is that we do not have written constitution- we do but it is a) not a single document but bits of legalisation describing how parliament etc works and could be said to include the Human Rights Act and b) is not legislation subject to special procedures for amendment like most countries’ constitutions. The issue of the black listing is relevant to H&S as one of the reasons people were put on the list was for raising H&S issues which is matter protected under the Employment Rights’ Act 1996 (‘the whistle blower act’) and this seems to be a case of companies (major companies) conspiring to get around this piece of legislation.
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