Unite to force blacklisting construction boss to appear in court, as scandal marks 10th anniversary
- Monday 25 February 2019
Unite, the construction union, reveals today (Monday 25 February) that it is closing in on forcing Cullum McAlpine, one of the key architects behind the industrial scale blacklisting of construction workers, to account for his actions in court. The legal development comes on the 10th anniversary of the uncovering of the blacklisting scandal.
Fresh legal action
Unite is taking fresh legal action on behalf of workers who were blacklisted by the Consulting Association, which blacklisted 3,123 construction workers. The majority of the major construction companies in the UK used its services.
Unlike the previous court case which concluded in 2016, Unite will be seeking to ensure Cullum McAlpine, the original chairman of the Consulting Association and a director of Sir Robert McAlpine is required to give evidence in court under oath. The trial is set to begin on Tuesday 4 June and could last for six weeks.
The massive and systematic blacklisting of construction workers was revealed following a raid on the Consulting Association’s offices by the Information Commissioner’s Office (ICO) on 23 February 2007. It was subsequently discovered that widespread blacklisting checks were occurring on the Olympic Games build project.
As a result of the 2016 court action against construction companies: Balfour Beatty, Carillion, Costain, Kier, Laing O’Rourke, Sir Robert McAlpine, Skanska UK and Vinci Plc, Unite (including construction union Ucatt which subsequently transferred into the union) secured £19.34 million for 412 blacklisted workers. The compensation was for breach of confidence/misuse of private information, breach of the Data Protection Act 1988, defamation and loss of earnings.
Unite assistant general secretary Howard Beckett said: “Unite is totally committed to ensuring that the key individuals behind blacklisting workers and ruining the lives as a result are required to account for their crimes in the public arena of a court.
“This is the minimum that the affected workers deserve. They need to see those responsible in the dock and finally forced to account for their actions.
“The forthcoming court case will finally ensure this will happen.”
The ICO raid was a result of the Consulting Association’s failure to register as a data controller and the organisation’s head Ian Kerr was subsequently fined £5,000 for data protection offences.
The companies could not be prosecuted for blacklisting workers, blacklisting was not illegal in 2007.
Since the discovery of the Consulting Association’s operations, blacklisting has not been eradicated in the construction industry. In 2017 a debate in parliament revealed how contemporary blacklisting was still occurring on major projects including Crossrail.
Unite assistant general secretary Gail Cartmail said: “There remain employers in construction and other industries who continue to believe it is somehow acceptable to engage in the disgusting and deceitful practice of blacklisting, to ruin people’s lives. We are seeing blacklisting ‘outsourced’ to labour suppliers at the beck and call of large firms and acting as unaccountable instigators of union busting.
“That’s why Unite is still fighting for justice for those who were previously affected but is also fighting to stamp out contemporary blacklisting.”
Notes to editors:
Police blacklisting admission could lead to fresh legal action
For more information please contact Unite communications officer Barckley Sumner on 020 3371 2067 or 07802 329235.
- Unite is Britain and Ireland’s largest union with members working across all sectors of the economy. The general secretary is Len McCluskey.