23 January 2012
A construction worker who lost a case against a major firm that admitted blacklisting him for union activities and raising health and safety concerns may go to the European Court of Human Rights, arguing that UK law does not sufficiently protect agency workers.
Sitting on 20 January, the Central London Employment Tribunal ruled against Dave Smith, 46, who had worked in the past through an employment agency for respondents in the hearing, Carillion (JM) Ltd and Schal International Ltd (a wholly-owned subsidiary of Carillion). Despite the fact that the companies agreed, before the hearing, a joint statement of facts withSmith, in which they stated that they had blacklisted him, the Tribunal found that because Smith was not a direct employee of the companies, he could not win the case.
The extent of blacklisting of workers in the construction industry by some of its major players came to light in early 2009, following a raid by the Information Commissioner’s Office on a West Midlands-based firm called The Consulting Association. The firm charged construction employers to subscribe to its database containing the personal details of ‘’troublesome” workers.
Speaking after the decision outside the court, Dave Smith said: “The blacklisting conspiracy is a deliberate breach of human rights by big business. Human rights are supposed to apply to everyone but Carillion and their subsidiaries have got away with systematic abuse of power simply because I was an agency worker. If the British justice system does not protect workers’ rights then we will be taking our case to Strasbourg.”
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