Friday, 6 October 2017

VICARIOUS LIABILITY

Some blacklisted workers have made reference to a gun being held to their head last year by their union lawyers in relation to the High Court settlement figures.

More recently, blacklisted workers (including myself) have formally raised their concerns with their union about trade union officials and their involvement in the blacklisting. 

If trade union officials were involved in the blacklisting, then why was the union not liable to pay any compensation to blacklisted workers?

Independent Inquiry

It is now over four months since my correspondence to the General Secretary raising my concerns about the union's cover up back in 2005/2006, and other matters relating to the involvement of senior trade union officials and politicians in the blacklisting. This can be downloaded HERE.

Mr McCluskey rejected my correspondence by email stating that I was not a member of the union, which is incorrect. I have advised him of such, but as yet have received no response.

For those holding out for this so called independent inquiry, I would say the following:-

Please wake up and smell the coffee! 

This is not going to happen!

There will always be an excuse/reason to not conduct this!

And if one is eventually conducted, it will not be anywhere near the level of investigation needed if we (blacklisted workers) are to eventually get to the truth of this matter.

For if it is found that trade union officials were complicit in the blacklisting, then that could possibly lead to significant legal claims from blacklisted workers against their union.

Vicarious Liability
  
"Vicarious liability refers to a situation where someone is held responsible for the actions or omissions of another person. In a workplace context, an employer can be liable for the acts or omissions of its employees, provided it can be shown that they took place in the course of their employment".

The Current Excuse

Mr McCluskey states the following in his correspondence to members dated 24 August 2017.

"Presently Unite have a further 70 plus cases being taken for victims of Blacklisting. It is vitally important that any review of documentation does not disrupt that litigation"

This can be downloaded HERE.

That may be, but I have raised a number of significant facts, complete with the evidence to support them that fall outside of this scope, which Mr McCluskey has completely disregarded.

Internal Documents

Further, I have been handed internal documents that provide an insight into the current status of these claims. They read:

"Legal Services represent 41 new Claimants in High Court proceedings against the same construction companies, and individual directors, as in the successful group litigation concluded last year. The claims are for conspiracy, breach of Data Protection Acty, breach of privacy and confidence rights and, in may cases, defamation. Individual Particulars of Loss have been calculated and the claims are currently due to be served on the companies by 1 August. Legal Services is coordinating a further 17 new claims on behalf of former Ucatt members".

A Claimant in these proceedings has informed me that five figure offers have already been made by the construction companies and that they have been advised by the union to reject these.

These new claims have absolutely nothing to do with the matters raised by me to Mr McCluskey in MY REPORT dated 29 May 2017 and therefore should not hamper any investigation into such.

Legal Advice

Over the next few weeks I will be meeting blacklisted workers who feel they had a gun held to their head to discuss their experiences of the High Court settlements and hear their concerns. 

With their permission, I will be relaying this information to a team of solicitors who are assisting me with this matter.

The discussions will be held in complete confidence and on an individual basis. No information will be passed onto the solicitors or other blacklisted workers without the consent of the individual.

If you would like to discuss this with me you can email me direct at alanwainwright1963@gmail.com

Alternatively, you can call me on 07399 530323

It has now been eight years since we got our Consulting Association files. Eight years in which blacklisted workers have been raising their concerns about the involvement of trade union officials in the blacklisting. The unions could have launched an independent inquiry into all this over the last eight years.

They have not done so and have no intention of doing so. 

If you would like to view the documents posted in any of my posts, please hit the coloured blue links in the text.


Friday, 25 August 2017

BENT UNION OFFICIALS

It is common knowledge to everyone involved in the blacklisting over the last twelve years that the current Unite area official, Mick Tuff and the then General Secretary, Derek Simpson buried all my blacklisting evidence in 2005/2006, leaving me (a current member of the Amicus union at the time) isolated and alone with this, and allowing Ian Kerr and The Consulting Association to continue functioning.

The evidence presented to them was the exact same evidence, no more or less than eventually enabled David Clancy from the ICO to trace and close down the Consulting Association some four years later.

I have raised this with many Unite officials over the years and many senior Labour politicians (funded by Unite), who have all turned a blind eye to this. 

On learning about Mr McCluskeys' election pledge (to hold an independent inquiry into trade union official complicity in the blacklisting), I presented an extensive report to him on the evidence I’d collated on the cover up, trade union official collusion and other very important and relevant facts. I put it to him that the scope of this inquiry needed to be widened much further than just officer collusion. 

The report can be downloaded here: REPORT

The appendices can be downloaded here: APPENDICES

Mr McCluskeys' email response dated 24 August 2017 simply states:  
“Please find enclosed a letter which has gone out to all of our construction NISC”.

"I am advised that you are not a member of Unite and this is just to advise that my dealings on this matter will be solely through the official organ of the union, i.e. the Construction NISC and the Executive Council”.

The letter referred to can be downloaded here: LETTER

My report had clearly stated that I am a member of Unite. It also detailed my membership and branch number at the top of the page. 

Mr McCluskeys’ comment therefore strongly suggests that he had not even read the report, let alone considered the very important facts contained.



Monday, 10 July 2017

CARILLION LIES

As Carillion collapses and Howsen resigns, let us not forget all their lies in relation to the blacklisting.

It's all HERE


Tuesday, 4 April 2017

BENT UNION OFFICIALS

Been saying it since Mick Tuff and Derek Simpson buried all my blacklisting evidence in 2006 to protect the millions they were receiving from the construction companies at the time.

Rob Evans in today's Guardian Article 

Start HERE for the evidence on MICK TUFF and then via all the 'BENT UNION OFFICIALS' posts on this website via the INDEX


Tuesday, 28 March 2017

CAPENHURST

You bloody brilliant lot.

Friday, 17 March 2017

AGENCY BLACKLISTING - ICO INVESTIGATION

The legal claim against Balfour Beatty Engineering Services Limited (BBESL), (and recently rebranded as Balfour Beatty Kilpatrick Limited) was accompanied by claims against nine recruitment agencies from their preferred supplier list. These were all agencies I had applied to for the very same BBESL 'Delivery Unit Labour Manager' position. 

Similar to Balfour Beatty, many of these agencies had access to unlimited legal resources for the preliminary hearing in October 2016. I was an unemployed litigant in person against multiple legal teams for the respondents, and as such, was unable to convince the judge to progress the agency claims through to a full hearing. 

Notwithstanding this, the blacklisting claim against Balfour Beatty was progressed to a full five day hearing.

As the legal process in relation to these agency claims has now concluded, the Information Commissioner can now start the process of investigating the evidence presented to them. As previously reported, one of these agencies had previously made a legal application to prevent me from forwarding my evidence to the Information Commissioner and failed miserably. That agency was Construction & Property Recruitment Limited, who are based in Edinburgh, Glasgow and Inverness.

The full list of agency respondents in relation to the BBESL 'Delivery Unit Labour Manager' position were:

NRL - Nationwide

Advantage xPO - Based in Balfour Beatty's UK wide offices

Construction & Property Recruitment - Edinburgh

Orion Engineering Services - Inverness

First Military Recruitment - Cirencester

Application Recruitment - Edinburgh

Highfield Professional Solutions - Southampton

Westlakes Recruit - Cockermouth

Aventas Group - Glasgow

I am advised that the Information Commissioner's office has now opened its investigation into these agencies.

Please contact James Hayward (james.hayward@ico.org.uk) at the Information Commissioner's Office if you have any information on these companies. 

I will also now be publishing all the relevant evidence, witness statement, skeleton argument, etc relating to these claims as soon as I can.

Thursday, 16 March 2017

AGENCY BLACKLISTING - BCL RECRUITMENT

The following is an extract from a text message sent by recruitment consultant, Grace Griffiths from recruitment agency, BCL Recruitment to pipefitter Tim Irwin last Monday.

"Well done mate"

"You will be blacklisted from every agency in London and Kent now" 

"I've done this a long time so good luck getting another job" 

"You must be a special kind of stupid if you can't even read a text" 

The text (which can be downloaded HERE) continues with various insults towards him.

I have spoken to Grace, who informed me that she could not blacklist anyone as she did not have access to the computer system at head office. 

BCL Recruitment's website is HERE

On this they state the following in the 'About Us' section:

"BCL employ the creme of the crop in respect of our staff" 

The website details the actual company as Bullet Contracting Limited (Company 07781001). A Companies House search reveals the only registered Director as Francis Joseph Boyle. I did contact Mr Boyle for comment, only to be laughed at by Amy at his office.

Yesterday, Tim received a call from a man called Raman Sunmonu, who informed him that Grace actually worked for his company, Sidney Mould Recruitment (Company 10392824). 

Mr Sunmomu described the text from Grace as "disgusting" and informed Tim that Grace was no longer working for him as a result.

A Linkedin search earlier this week reveals Grace's actual employer for the last three years as BCL Recruitment. However, the Linkedin page was taken down yesterday. 

Saturday, 11 March 2017

BBC PANORAMA - MIKE CONNOLLY

Does anyone know the location of recruitment consultant Mike Connolly? Ex Carillion (Crown House), Amec, Balfour Beatty, NRL. Originally from Liverpool. 

Mike, if you're reading this, please get in touch. Panorama producer, Richard Cookson would like to talk to you about NRL's database records on blacklisted workers.

You can contact him direct on richard@richardcookson.org

The original post on NRL from 2014 can be viewed HERE and HERE



Monday, 6 March 2017

PHILIP GREEN, CARILLION & THE PM

The Department for Business, Energy & Industrial Strategy have now finally responded to my MP, David Hanson on this matter.

Mr Hanson originally wrote to Teresa May in October 2016, highlighting my evidence about Carillion's blacklisting lies. The Prime Minister then referred the matter to the Secretary of State for Business, Greg Clarke later that month.

Mr Clarke did not provide a response for over two months, which resulted in Mr Hanson having to write to him again on 10 January 2017. This was also ignored, which resulted in Mr Hanson having to further write to Mr Clarke on 9 February 2017.  

My original post highlighting Carillion's lies is HERE

The response (some four months later) from Margot James MP (received today) can now be downloaded HERE

Her carefully worded statement states that Philip Green no longer holds the position of advisor to the Prime Minister on corporate social responsibility.



Monday, 27 February 2017

BENT UNION OFFICIAL - MICK TUFF

In this post we are specifically going to look at the actions of Mick Tuff, current Unite area official for the West Midlands. The region Gerard Coyne boasts he has led for the last fifteen years in his Unite leadership election manifesto (albeit they did not merge with Amicus until 2007).

I alerted Tuff to the blacklisting at Balfour Beatty Engineering Services Limited (then Haden Young) back in 2005 and presented him with the two key pieces of blacklisting evidence in my possession:

1. The Haden Young blacklist checking sheets
2. The Jubilee Line, Royal Opera House and Pfizer lists

It was this exact same evidence, no more or less, that David Clancy at the ICO used to locate and close down the Consulting Association (CA) in 2009, some four years later.

It then took a further seven years to get any justice, in which only 771 of the 3,213 received meaningful compensation in May 2016.

So lets look at what Tuff did with the blacklisting evidence. There can only be one of two possible outcomes from the documents I'm presenting here.

Outcome 1. Senior Officials leaned on Tuff and forced him to bury this issue.

Outcome 2. Tuff buried this evidence of his own volition.

The first theory is supported by a Facebook exchange between myself and ex Amicus Official, Stuart Wallis, who is referring to conversations with Tuff in 2005. Stuart eventually left the union to work at the Electrical Contractors Association, and subsequently, CA member, Mathew Hall/SPIE.

I have just used extracts in this post, but the full documents are available to download HERE

In the first two pages of this facebook message exchange, Stuart talks about his labour management experience of Tom Hardacre blacklisting workers:

Stuart Wallis Quote:

By the way, Tom Hardacre was the worst for blacklist activity! Fucking disgusting man.

I don't know if he ever formally submitted stuff to Ian Kerr. What I do know is that he would publicly say to me and my ECA colleagues:

"You lot should be making public statements against blacklisting. You should be telling them to employ AN Other."

Then after the meeting he'd say: 

"You know I've got to say that, but don't touch him. He's a fuckin nightmare" 

Stuart then goes on to talk about his friend, Mick Tuff. 

You just mentioned Mick Tuff. I know him very well.

I remember Mick telling me on the day you had first contacted him - We were at the JIB National Conference in Bosworth Hall and he asked me what the fuck to do. I said he should represent you. I also know that he was leant on from above, because I know Mick wanted to take it on.

He confided in me because we were good pals. I've not seen him much since then but whenever I spoke to him since, and even until recently, he just says to me "They told me I had to leave it Stu, the bastards".

This exchange suggests that Outcome 1 is the correct one, and that the powers that be leaned on Tuff to bury the blacklisting evidence. 

Maybe they didn't lean on him, so let's look at Outcome 2.

A freedom of information request to Unite in 2012 revealed a number of very interesting facts. These are detailed in a letter from Tuff to Alison Humphrey at solicitors, Rowley Ashworth dated 21 July 2006. This is the period immediately after I had raised the blacklisting directly with Derek Simpson.

I will provide a download of the actual document below, but the letter details the following:

1. That Tuff believed my evidence did not prove anything and was just a set of names.

Fact: Tuff was in possession of the actual Haden Young blacklisting check sheets, and in particular, one which had the name of Michael Shakespeare on it, who had been rejected by Haden Young following that particular Consulting Association check.

Fact: Tuff was in possession of the lists of names of over 500 workers involved in industrial disputes at the Jubilee Line, Royal Opera House and Pfizer projects. Lists of names that had been exchanged between Balfour Beatty Engineering Services Limited (then Balfour Kilpatrick) and Drake & Scull.

2. That Tuff approached Neil Cappell (the Haden Young labour manager conducting the blacklisting checks) informing him that he had the blacklisting check sheets (that Cappell had processed) in his possession; and that he had questioned Cappell on whether a blacklist existed. 

3. That Cappell denied this and Tuff just accepted this.

4. That Tuff states that he did not encourage me to join the union and that I joined via the Mold office. 

5. That Tuff accuses me of being a liar. 

Fact: It is Tuff that is lying here, as he did encourage me to join. He did provide the joining forms and subsequently accompanied me to both grievance meetings with Haden Young, following which he came into possession of the blacklisting evidence.

Fact: This can be confirmed by John Hamilton, who was the regional official in Mold. John and I did have a brief conversation about the blacklisting, but he felt the matter was best handled by Tuff and that is how we moved forward.

Fact: My membership form dated 11 August 2005 can be downloaded here: A WAINWRIGHT - AMICUS MEMBERSHIP

Fact: I had previously been a member of the EETPU and AEEU for some years in my career, and had been a member of Amicus for ten months when I raised the blacklisting with Derek Simpson in June 2006.

6. That Tuff states the alleged blacklist was handed to him outside the offices of Haden Young. 

Fact: Tuff was already in possession of the Haden Young (Neil Cappell) blacklist check sheets and was handed the additional Drake & Scull Jubilee Line, Royal Opera House and Pfizer lists outside Haden Young's offices.

7. That Tuff states that he had carried out some investigations, but concluded:

"I am in the firm belief that Mr Wainwright is a compulsive liar".

8. That Tuff feels that he has acted correctly on behalf of Amicus and takes exception to my comments about his professional conduct as an Amicus full time official.

The full letters can be downloaded here PAGE 1 and here PAGE 2

Motive

So let's look at Tuff's motive for this cover up. Amicus Unite were receiving millions from the construction companies at the time in trade union subscriptions via a benefits scheme.

This is specifically reported on in this Radio 4 documentary at 12:10 THE REPORT

Conclusion

Therefore only one of these two outcomes can be correct. Either Tuff was leaned on to bury the evidence or he did this of his own volition.

Whichever is true, covering up this evidence prolonged the suffering of thousands of blacklisted workers for a decade, and the functionality of the Consulting Association would most certainly have continued unchallenged had it not been for the persistence of myself, Steve Acheson and David Clancy at the ICO.

In my opinion, this cover up by Tuff, for whatever reason, is the greatest single tragedy in the entire blacklisting scandal.

Tuff is still employed as the Unite area official for the West Midlands. A post he has enjoyed for the last twelve years or so, while the thousands of blacklisted workers he could have helped struggled to find work from 2005.

Isn't it about time he came clean and started telling the truth?