Monday, 19 September 2016

CARDIFF EMPLOYMENT TRIBUNAL - 26th & 27th OCTOBER

Preliminary hearings for the new blacklisting claims will be held at the Cardiff Employment Tribunal on 26th and 27th October 2016, in which the respondents will attempt to have my claims struck out.

In response to this, I have presented a witness statement and evidence that will prove that Balfour Beatty and ten of their preferred recruitment agencies suppliers are at the heart of contemporary blacklisting in the UK.

I understand that these documents will become public on those dates and will therefore be available for anyone and everyone to download and draw their own conclusions.




Sunday, 26 June 2016

JOHN McDONNELL - NO FRIEND OF THE BLACKLISTED

Many many politicians have failed the blacklisted workers over the last eleven years. You would expect this from Tory MP's, but for me, it is the many Labour MP's I have contacted for help over this time who should hang their heads in shame for their total inaction on this matter.

A recent addition to this list is the (soon to be fired) shadow chancellor, John McDonnell. It is public knowledge that I have recently brought legal proceedings against over thirty companies and recruitment agencies for breach of the new 2010 blacklisting regulations, but he is supposedly "too busy" to even re-tweet my appeal page, let alone do anything else to help this current campaign.

He has been fully briefed on the new legal claims in a briefing document drafted by myself and my legal advisor, but has chosen to join both Unite and Ucatt in their blatant refusal to help (let alone even mention) my current campaign.

I have had some difficulty in trying to understand why someone who professes to be such a huge supporter of the blacklisted workers would be so reluctant to help with the new campaign. One that if successful could ultimately lead to the full Public Inquiry we so desperately need.

He is however not too busy to turn up for photograph opportunities with compensated blacklisted workers outside the Royal Courts of Justice or to attend the video shoot of the excellent new Blacklist No1 song.

The current response from John and his team is that he is simply too busy to help in any way. Not even a re-tweet. So why would he be so reluctant to help a leading blacklisting campaigner with such a credible record in this matter? The answer lies in his relationship with Unite.

It is no secret that I have been outspoken about the role of Unite in the blacklisting, including the complicity of their senior officials as a source of information on many of the blacklist files and their deliberate cover up of my evidence back in 2005/2006 to protect the millions they were receiving from the construction companies.

I have it on very good authority that Unites' deal with the construction companies to settle the High Court litigation was made last November, despite their rhetoric to fight to the death in the run up to the trial in May.

A simple electoral commission search reveals that Unite paid Jeremy Corbyn (in addition to the money they donate to the Labour Party) £130,000 in the last twelve months to assist his campaign. John McDonnell was Jeremy Corbyn's campaign manager.

So while Unite profess to be a friend of the blacklisted workers, their money and it's control over whoever they donate to always has the final say.


Unite never wanted the full trial to go ahead in May, as the full scrutiny of this would have revealed their complicity, cover up and Gail Cartmail's internal (white wash) investigation into their own complicity in the blacklisting in 2011. 

There was no way the construction companies were simply going to ignore all that evidence on the blacklist files.

Unite are also quite happy to call for a public inquiry, in the absolute certainty that this will never happen under a Tory government.

With the preliminary hearings on the new legal claims to be heard in September, I have reached out to Unite, Ucatt and the Labour Party over the last six months for help. Both Jim Kennedy, Brian Rye and John McDonnell have now informed me that they, or the organizations they represent will not be providing any.

In addition to this, only two of the 771 blacklisted workers who received over £30 million in compensation recently have come forward and made donations to the new campaign.

£50 pound from each of the remaining 769 would provide the legal resources needed to ensure these claims are properly presented to the employment tribunal, but as yet, nothing.

So:
  • No help from Unite - Confirmed
  • No help from Ucatt - Confirmed
  • No help from John McDonnell - Confirmed
  • No help from 769 blacklisted workers who received in the region of £30 million recently - Pending 

Let's see what the next few weeks bring. If the current reports in the press are correct, then John McDonnell will be history.

Donation to the legal costs required to bring these claims can be made here at My Crowd Fund Page


Wednesday, 15 June 2016

NEW LEGAL CLAIMS

Thank you to James Hickey and Mike Shakespeare (2 of the 771 who received £30 million compensation recently) for their kind and very generous donations to the legal costs for the new blacklisting claims.

Donation can also be made via my CROWD FUND APPEAL 

Wednesday, 1 June 2016

WELCOME

Welcome to my website, where you can learn everything about the construction industry blacklisting. From the blatant abuse by the companies and agencies involved, to the complicity and attempted cover up by the Unite trade union.

This website is extensive and covers 10 years work, so please start with the 10 minute version at my Crowd Fund Appeal for the new legal claims.  

It provides a concise summary of the last ten years, including links to the relevant BBC News, Radio 4 and Guardian articles.

You can then come back and access the different sections via the Index

Twitter Account: @AlanWainwright1
Contact: textatemp@btopenworld.com 
Facebook: Nye Bevan News

 

Thursday, 19 May 2016

THE NEW BLACKLISTING CLAIMS

Preliminary hearings for the new claims will be heard in the coming months.

These new legal claims would not have been possible without the help of Maria Ludkin and Justin Bowden at the GMB and Michael Newman at Leigh Day, who have been there for me when needed.

In contrast, Unite and Ucatt are refusing to help. They should be ashamed of themselves.

End The Blacklisting - 10 Minute Version

I am the whistle-blower who exposed the secret blacklisting of 3,213 workers by over 40 of the UK's leading construction companies from 1993 to 2009.

Rob Evans best sums this up in this Guardian article from 2009.

I've created this page to help raise the money needed to fund the legal help required for the next stage of my new blacklisting/whistle-blowing claims (the preliminary hearings), which are due to be heard between June and September 2016.

It's a 5 - 10 minute read and is a real life account of how the corporate rich and powerful work together to suppress whistle-blowers.

Keeping whistle-blowers  down spreads the fear and prevents others from coming forward.

There are far too many similar stories to mine, in which whistle-blowers are isolated, ill treated and forced out.

This has to stop if we want a fair, honest and just society.

Background

I was employed in senior human resources positions within the construction industry from 1993 to 2005, including:

National Labour Manager at Carillion
Business Improvement Director at Emcor Drake & Scull
Regional Production & HR Manager at Haden Young

As a result, I gained direct experience of how the blacklisting operated.

Balfour Beatty Cover Up

In 2005, while at Haden Young (a Balfour Beatty subsidiary), I made various disclosures under the whistleblowing procedure to their Directors about their use of the blacklist and widespread financial fraud relating to their labour costs controls.

These were dismissed, which led me to subsequently raise them with Balfour Beatty's Group HR Director, Paul Raby and the Company Secretary, Chris Pearson. Raby was subsequently named by Ian Kerr as a main contact with the Consulting Association (the company set up and funded by the construction companies to run the blacklisting) in his evidence to the select committee inquiry in 2012).

They too dismissed my claims, which left me isolated, alone and unable to return to Haden Young. I had been signed off sick by my doctor with 'work related stress' at this time, and Raby and Pearson's inaction left me with no other option than to resign.

I was also unaware at the time that Balfour Beatty's Trevor Watchman was the current Consulting Association Chairman. Raby and Pearson would most certainly have known this.

Ten years on and I'm now vindicated.

Balfour Beatty and their subsidiaries, Haden Young and Balfour Kilpatrick (now merged as Balfour Beatty Engineering Services) were found to be prolific blacklisters following the raid on the Consulting Association in 2009, and have recently reported a series of substantial profit warnings/losses of around £500 million, relating to poor costs controls.

Raby however is still employed as Balfour Beatty's HR Director.

I could not understand how a person with such complicity in all this could still be employed after all this time until it was explained to me by a BBC researcher.

Her explanation was simple. "He knows where all the bodies are buried".

Exposing the Blacklisting

In March 2006, I created a website to help publicise the blacklisting. This was the first time the existence of the blacklist and a description of how it operated were made public. I made contact with a number of blacklisted workers and helped them with their claims to the employment tribunal.

Trade Union Cover Up

I also provided my blacklisting evidence to senior trade union officials at Amicus/Unite in 2005 and the then General Secretary, Derek Simpson in 2006, who buried this to protect the millions they were receiving in union subscriptions via a deal with the construction companies at the time.  You can learn all about this from this Radio 4 documentary in 2013 (from 9:00 to 15:00).

Derek Simpson subsequently retired from Unite in 2011 with a £510,659 retirement package.

Not only had I been let down by my employer and their parent company, I had now also been let down by my union, who did not get involved in taking any legal action on the blacklisting until six years later in 2012.

Carillion

In August 2006 I started work as a HR Business Partner at my previous employer, Carillion plc. After about six weeks, I met Liz Keates, who was later exposed as a prolific Consulting Association user and source of information on many many blacklist files. The next day I was told that my contract had been terminated with immediate effect, with no reason given.

My Tribunal

In November 2006 I took Haden Young to an employment tribunal. It was me against the unlimited financial and legal resources of Balfour Beatty. They lied, I lost, and they were able to continue their blacklisting.

The Labour Government

In January 2007 I met with a senior official from the DTI under the Labour Government and presented him with my blacklisting evidence. They also failed to take any action and the blacklisting continued. This was reported in this BBC report.

I also wrote to many senior Labour politicians at the time, but none of them did anything.

My Blacklist File

As a result of my ongoing campaign to expose the blacklisting, I too was placed on the blacklist sometime between January and April 2007.

My blacklist file entries include details of an employment tribunal in Manchester (where I appeared as a witness for the successful claimants), the judgment, and coverage from the Morning Star.

The evidence I gave in that employment tribunal was directly responsible for the Guardian’s investigation, which in turn led to the Information Commissioner's investigation (in which I assisted), and the raid on the Consulting Association in 2009.

Had it not also been for the efforts of the following:

Steve Acheson - electrician
Graham Bowker - electrician
Tony Jones - electrician
Rob Evans - journalist
Phil Chamberlain - journalist
David Clancy at the ICO
Liam Dunne & Sean Curran at Guney, Clark & Ryan

the blacklisting would most certainly still be the Construction Industry's dirty little secret.

My New Website

I continued to campaign about the blacklisting and published many articles and much new evidence on my new blacklisting website from 2009 to 2016. I also gave evidence to the Scottish Affairs Select Committee for their Blacklisting Inquiry in November 2012.

It's been a long hard journey.

The High Court Claims

Ten years on around 771 of the 3,213 blacklisted workers have now received approximately £30 million in compensation from eight of the construction companies involved (Balfour Beatty Group Limited, Carillion plc, Costain Group plc, Kier Group plc, Laing O’Rourke plc, Sir Robert McAlpine Limited, Skanska UK plc, Vinci plc).

The companies settled the matter a few days before a High Court trial was to begin on 9 May 2016. They had previously spent tens of millions on lawyers to resist the claims for years in a bid to break the resolve of the claimants.

This £30 million will also get passed down to the other thirty or so Consulting Association members in part 20 claims, which could average less than a million for each of the forty companies.

This is buttons to the likes of Balfour Beatty, who enjoy an annual turnover of around £14 billion.

The Personal Effect

My efforts to expose the blacklisting have had major consequences. I lost my career, and my relationships with my long-term girlfriend and my son and daughter. I also recently lost my home.

I turned down an offer of £20,000 from Balfour Beatty in 2006 (which included a gagging clause) and then had to borrow an additional £20,000 (adding and extra £1,500 a year interest to my mortgage) to hire a barrister to represent me at my tribunal (which at least enabled me to get the blacklisting evidence into the public domain).

I also had to pay around £40,000 in credit card interest between 2007 to 2015 on the £15,000 debt accumulated while I was unemployed back in 2006/2007.

I have also now been unemployed for the last 18 months, after making hundreds of applications for work.

The New Blacklisting Regulations

As a result of my disclosures and the subsequent raid on the Consulting Association in 2009, the Labour Government brought in new Blacklisting Regulations in 2010.

These also relate to job applications made via recruitment agencies, which is essential, as the companies take advantage of this additional wall of protection when it comes to their recruitment practices.

I am certain that blacklisting did continue beyond the raid on the Consulting Association in 2009 and is no longer a secret database held in a secret location.

Recruitment agencies have also built up their own records on blacklisted workers, evidence of which is available on my website.

Blacklisting by these companies and their recruitment agency suppliers has evolved and will continue to evolve unless serious attention is given to eradicating it forever.

The High Court settlement will not achieve this.

The New Blacklisting Legal Claims

I currently have over fifty legal claims accepted by the employment tribunal with thirty four respondents (including Balfour Beatty, Carillion, Laing O'Rourke, Kier and their recruitment agency suppliers) for breach of the new blacklisting regulations and other whistleblowing legislation.

Rob Evans best sums this up in this Guardian article from April this year.

I am certain that this is an opportunity to prove that blacklisting is current and widespread in the UK construction industry, but Unite have again refused to help following a recent approach.

I have received some legal assistance, but the window to prove contemporary blacklisting will pass if I don’t now get the urgent financial support and help I need to take these claims forward.

There does however have to be a real willingness to do this from all the trade unions, politicians and blacklisted workers involved.

Only 771 of the 3,213 blacklisted workers were fortunate enough to be represented in the High Court claim, and as mentioned, they have recently received in the region of £50 million in a settlement agreement.

I am now therefore appealing to them, their trade unions and any other interested parties to make a donation to help fund the legal assistance required to ensure these new blacklisting claims are upheld.

How Will The Money Be Used?

Previous donations have already ensured that the claims were correctly drafted and presented to the employment tribunal, but further funds are now needed to ensure they are correctly presented at the preliminary hearings.

These will take place between June and September 2016, so it's vital that further funds are raised as soon as possible.

Please however do contact me if you would like me to explain further about how the donations will be used.

The Future

On a positive note, my relationships with my girlfriend and daughter are reconciled, but I lost them both for many years that I will never get back. We are working on my son.

I still however have to find a way to return to work.

Please Donate

Thank you for reading this appeal.

Blacklisting is a covert abhorrent practice that prevents certain people (with a social conscience who have stood up to management and raised legitimate concerns about health & safety, fraud, corruption, etc) from working in this country.

Please do not leave without making a small donation to help me stop this via My Crowd Fund Page

If you want to donate anonymously,  I will never disclose your identity.

Please also do get in touch if you can help in any other way.

If you cannot afford to donate at this time,  please share as far and wide as you can.
 

But Please Donate
 

Thursday, 14 April 2016

CARILLION LIES

Carillion Mythbusters Statement

"Crown House, the only Carillion subsidiary to use the Consulting Association's database, stopped doing so back in 2004. The practice was proactively stopped because the HR manager responsible for checking the database believed it was wrong."

CARILLION MYTHBUSTERS LINK 

A total pack of lies.

Here is my latest correspondence to Philip Green and the other current non-executive directors at Carillion (dated 14 April 2016), further proving that Tarmac/Carillion were at the heart of the blacklisting scandal.

You'd think Mr Green and the other Non-Execs would be investigating all this under their governance responsibilities wouldn't you? *;) winking  

CARILLION NON-EXECS LETTER (pg1) 

CARILLION NON-EXECS LETTER (pg2) 

EVIDENCE 

The previous correspondence (dated 9 March 2016) is here:

CARILLION NON-EXECS LETTER (pg1) 

CARILLION NON-EXECS LETTER (pg2) 

EVIDENCE 

The previous correspondence (dated 27 January 2016) is here:

PHILIP GREEN LETTER - PAGE 1 

PHILIP GREEN LETTER - PAGE 2 

PHILIP GREEN LETTER - PAGE 3 

PHILIP GREEN LETTER - PAGE 4 

The evidence is here:

CARILLION MYTHBUSTERS




Wednesday, 6 April 2016

CONTEMPORARY BLACKLISTING - BENT UNION OFFICIALS

As the High Court trial date nears, it is hard to ignore the many blacklisted workers' concerns on social media about Unite and Ucatt's sudden reluctance to support them past the part 36 offers.

This sudden withdrawal of support came as no surprise to me, as to why would such complicit trade unions in all this want to put themselves through the scrutiny of a full trial? A trial that would expose their own complicity and cover up (by Micky Tuff and Derek Simpson at Unite) as far back as 2005. 

If it were not for the diligence of myself and Steve Acheson, and the journalistic efforts of Rob Evans and Phil Chamberlain, Simpson and Tuff's attempted cover up would most certainly have succeeded and the Consulting Association would most definitely still be covertly working away behind the scenes.

The 700 or so who were fortunate to be represented at the High Court from 2012 will now receive substantial amounts of compensation as the construction companies use this legal tool (the part 36 offer) to avoid the full scrutiny of a trial. 

If the £5.6 million compensation for the 70 or so reported in the Daily Mirror is correct, then this could amount to over £50 million in total for the 700 or so. The rest of us got little (from the compensation scheme) or absolutely nothing.

Those who are being forced to accept the offers have my full sympathy, as we all want the full exposure of what happened to us to come out. But you picked those unions to represent you and you kept quiet (in full knowledge) about their complicity and attempted cover up for all this time.

All of which can be read about from the links at the foot of this post.

Considering everything we now know about the blacklisting, a lot can be done to get to the truth in all this with a fraction of that £50 million. A remaining 30 companies appear to have got off scot-free. One of these (Diamond M&E) is a currently trading recruitment/employment agency.

DIAMOND M&E 

AGENCY BLACKLISTING

Which brings me on to another concern being raised by blacklisted workers on social media. Contemporary blacklisting by employment agencies. From my own experience, I am certain that blacklisting subsequently extended beyond the construction companies to their (wall of protection) agency suppliers.

It is common knowledge that I currently have over fifty legal claims with the employment tribunal against Consulting Association members and their agency suppliers for breach of the new 2010 Blacklisting regulations.

It would not be sensible to report on these at this juncture, but they are live claims, accepted by the ET, and pre-hearings will soon be listed.

Help Refused

I am going to need some help with these, as (the same as it was back in 2005/2006), it is just me against the unlimited legal resources of these multi billion pound turnover companies.

I have recently reached out to Brian Rye at Ucatt and Jim Kennedy at Unite for help with these, but they have both now refused. They can never say they were not asked in my time of need.

Maybe I should have been less vocal about their union's complicity in all this? Who knows. But then I become part of the problem as I see it.

I have previously been a member of Unite (EETPU, Amicus) on a number of occasions in my career going back to 1979 to 1984 when I was a JIB indentured apprentice.  

I was a member of Amicus when I reached out to Derek Simpson in 2006, but could not continue to pay my subscriptions whilst out of work for so long following my prior departure from Balfour Beatty.

My Amicus membership form from 2005 is here:

A WAINWRIGHT - AMICUS MEMBERSHIP 

Micky Tuff did encourage me to rejoin the union back then, he did provide this application form from the boot of his car in a pub car park in Shropshire and he was promising to fully investigate the evidence I'd provided and make an application to head office to support my claim to the employment tribunal.

Behind the scenes however he was running my clock down and calling me a liar and then a compulsive liar to the union's lawyers (see correspondence below from Tuff to Amicus's lawyer).

MICKY TUFF LETTER (Pg1) 

MICKY TUFF LETTER (Pg2) 

On one hand Tuff is calling me a liar and on the other he's confiding in a close work colleague at Amicus at the time, Gareth Wallis. Wallis's facebook conversation with me reveals that Tuff told him he was ordered to stand down on the investigation into the blacklisting.

FACEBOOK CONVERSATION (Pg1) 

FACEBOOK CONVERSATION ((Pg2) 

FACEBOOK CONVERSATION (Pg6)

FACEBOOK CONVERSATION (Pg7)

FACEBOOK CONVERSATION (Pg8) 

Tuff is contradicting himself. On one hand he is calling me a liar to the union's lawyers and on the other he's confiding in work colleagues that he's being ordered to stand down on any investigation relating to the evidence I'd provided.

Evidence he calls "just a list of names". 
 
Wallis (who subsequently became a Labour Manager for Consulting Association member SPIE Matthew Hall) also makes reference to senior Amicus trade unionists such as Tommy Hardacre and their involvement in the blacklisting in these conversations. 

The Unite Cover Up

Q: Why therefore would senior officials like Mick Tuff and the then General Secretary, Derek Simpson attempt to cover this up?

A: £ millions

This is all explained in the BBC radio 4's The Report from 2013 (at 9:00 to 15:00 minutes)

BBC RADIO 4 - UNITE COVER UP 

Simpson subsequently received a £500,000 golden handshake when he retired.

DAILY TELEGRAPH - DEREK SIMPSON 
 
Roy Bentham v Laing O'Rourke

An email circular from the Blacklist Support Group in August 2012 revealed the following:

"Roy Bentham - blacklisted bricklayer from Merseyside has had his blacklisting Employment Tribunal thrown out for being "out of time".

This was again by Judge Brain in Manchester - he has thrown out virtually every case that has come in front of him -
Brain criticized UCATT during his summing up, saying the reason the case was considered "out of time" was due primarily due to the length of time the union sat on the file."

Legal Update

I am now receiving some legal help for my current claims, for which I am very grateful, but it's basically me against the unlimited legal resources of these multi billion pound turnover companies again.

Unite and Ucatt are not interested in providing any help, so I'm now reaching out to all you blacklisted workers who are about to receive this £50 million in compensation for help. 

You can put a fraction of that to good use if you really believe that contemporary blacklisting exists by getting behind my claims and providing a small donation towards my legal costs. 

Alternatively you can just take the money, turn a blind eye to your union's complicity and walk away. What you cannot do is subsequently moan that blacklisting is contemporary and that you are still affected by it. 

1. You are fully aware of your union's complicity and their attempts to suppress the exposure of the consulting agency between 2005 and 2009.

2. You also have an opportunity to get involved and support my claims, either by providing a fraction of your compensation to help my claims or alternatively lobbying your union to support me.

3. You should be using your collective power (and potentially some of your compensation) to lobby for a full independent investigation into your own union's complicity in all this.

BENT UNION OFFICIALS INDEX

THE TRADE UNIONS & THE BLACKLIST SUPPORT GROUP
BENT UNION OFFICIALS? (1)  
BENT UNION OFFICIALS? (2)  
THE TRIANGLE OF MONEY  
RUINED LIVES?  
CROSSRAIL & THE BLACKLISTING 
FRANK MORRIS & THE BLACKLISTING  
BENT UNION OFFICIALS? (3)  
HYPOCRITES  
BENT UNION OFFICIALS? (4)
BENT UNION OFFICIALS? (5)  
BENT UNION OFFICIALS? (6) 
CROSSRAIL PRESS RELEASE  
UNITE, UCATT & THE BLACKLISTING 
CROSSRAIL & THE BLACKLISTING  
ICO LETTER TO THE SCOTTISH AFFAIRS COMMITTEE
BENT UNION OFFICIALS? (7) 
BENT UNION OFFICIALS? (8) 
2015 ELECTION 
BENT UNION OFFICIALS? (9) 
BENT UNION OFFICIALS? (10) 

GUNEY CLARK RYAN
GUNEY CLARK RYAN & THE BLACKLISTING