Call for action over 'rampant' blacklisting of workers
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Independent Minds
The Government was urged to take immediate action today to outlaw the blacklisting of workers after new evidence that the practice was "rampant".
Unions and MPs expressed alarm after an investigation by the Information Commissioner revealed that major construction firms broke data protection laws by paying for information on their employees.
Deputy information commissioner David Smith said information on around 3,000 workers was held by the Consulting Association in paper files and a card index database.
Around 40 construction companies would send the association lists of people they were considering hiring to work on building sites and would then receive details from their files over the phone, he said.
Notes about individual workers included descriptions such as "ex-shop steward, definite problems", "Irish ex-Army, bad egg", while others related to workers who had raised concerns over health and safety issues on sites, such as asbestos removal.
Mr Smith said the companies - including household names and major players in the industry - must have known that what they were doing was wrong.
Alan Ritchie, general secretary of the building workers' union Ucatt, said: "Ucatt members know from bitter experience of being refused work that blacklisting exists in construction.
"However, the extent of the practice and the fact that most of the major companies in construction are involved in the practice is truly shocking.
"It is outrageous that construction workers have been barred from jobs simply for being trade unionists."
Ucatt said it believed Consulting Association was run by an individual formerly employed by the Economic League, the company involved in most of the blacklisting in the 1970s and 1980s.
The revelation of widespread blacklisting has huge implications for construction safety, said the union, adding that Ucatt members and safety representatives have been victimised and dismissed after complaining and whistle-blowing about dangerous sites.
Mr Ritchie added: "Ucatt members have been working to reduce deaths and injuries on sites and trying to work with companies to achieve these aims. We now know that those same companies have connived to dismiss them and block their future employment."
The Government intended to make blacklisting illegal as part of the 1999 Employment Relations Act but the regulations were never introduced on the grounds that the Government believed blacklisting no longer existed, said Ucatt.
Mr Ritchie said: "Blacklisting remains rampant in the 21st century. We will be writing to the Government immediately, demanding that they bring forward the existing regulations and introduce them into law immediately. It is the only way to protect the rights of trade union members."
Labour MP John McDonnell (Hayes and Harlington) said: "This latest expose of blacklisting demonstrates that blacklisting is still rampant in some industries. The Government must act swiftly now to outlaw blacklisting once and for all.
"It is widely suspected that the Government caved in under pressure from employers' organisations when I raised this issue last time in Parliament.
"This new evidence demonstrates that the Government needs to act, and act now, to prevent this discrimination that can blight the lives of many workers."
Mr Smith told BBC Radio 4's Today programme: "It was a wide range of information about these workers, but not the sort of thing that you or I would want down about us.
"Some of it was to do with trade union membership, some of it could be used to unlawfully discriminate against people. It was the sort of information that nobody had a chance to correct or put their side on it.
"There are some indications that those who raised genuine safety concerns may have been prejudiced by this database."
Mr Smith explained the action being taken by the Information Commissioner's Office: "We are prosecuting the owner of this business, the Consulting Association, because he should have been registered with our office and he wasn't and that is a criminal offence. That's a clear prosecution.
"The construction companies that were his customers, we have to investigate and find out just what their involvement is, but we are looking to take enforcement proceedings against those who were involved and that will put them on notice that if they get involved in this illegal trade again, then they will face prosecution.
"What's so disappointing about this case is that we have got most of the major names in the construction industry there. They must have known that they were doing wrong. If not, why run this database underground? It has been going for 15 years.
"We wouldn't expect that sort of illegal activity from household names. Leaders of businesses really must get the message that they have got to take their data protection responsibilities seriously. They can't flout the law."
Business Secretary Lord Mandelson told BBC Breakfast: "I'm sorry the practices have taken place but I welcome the fact that the information commissioner, on the basis of the legislation that already exists, has stepped in and taken the action that he has.
"He will need to look into this further to see whether these practices are more widespread and take the appropriate action, as he's already done in this case.
"I'm glad the information commissioner has stepped in and the Government will certainly support him in any further measures he needs to take."
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Comments
This needs to be pursued and rooted out like a canker, is it not enough that people can supply a disclosure without having everything else placed under scrutiny, no wonder its hard to break into the jobs market, even harder if you are subject to illegal employment practices.
we are all on the edge of a big trasformation. the theme is an unending well for the sci-fi writers: a few major multi-national corporations running the earths political system, controlling the society.
all these are the steps that are being taken in order to achieve that goal. not only simple workers but the white collars will be tamed as well...
we will be enslaved (who can say we are not slaves now as well) by those who has income like a smal country budget...
that is why religious or spiritual stuff are mostly encouraged and well advertised all around the world: feeding the simple minded people with bulshit so that not one of them can counter act by uniting in groups...
If this is a list of site workers who have shown concern over healthy and safety issues and bad practise, well I am very very concerned.
But if this is a list of thieving trouble makers with a slipshod working attitude who have brought the construction companies reputation into disrepute, and are costing the companies alot of money re drug taking and bad workmanship, well that is a good idea. So what is the problem.
It is about time the NHS and Teaching took up the same idea. GET RID OF BAD WORKERS. DO NOT EMPLOY THEM.
Your name is on the list that I maintain. You will never be able to get a job in the business sector that I operate in. This is perfectly reasonable, because according to my records, you are a drug taker and a thief. My clients don't want your kind working for them, messing up their valuable and important operations. Having read your record, I don't blame them. There is a sub-note that says you also don't know how to think logically or clearly and that you jump to conclusions with disastrous consequences.
I'm considering a merger with another similar consultancy operating in a different business sector. Perhaps it will be the sector that you are employed in. Wait and see and hope that it isn't.
Hopefully your confession will be noted and you subsequently prosecuted.
Well Mate I do hope that your Company goes bust and you get found out, and you are prosecuted, typical of the Tory mentality in this country always doing things underhand and unlawful hoping not to get found out but thats OK for your lot Mate l OK
I suppose that your another Freemason !
I do hope that your details are passed on to the Information Commissioner and you are investigated by them also.
Best of luck to you parasites
It seems to be a bloke thing to bully and not pull their weight in the trades , you just have to see some of the lousy workmanship. Thankgood ness there is more regulation.
Alot of contracts are on highly sensitive sites like MOD etc, so good reason for people to be checked out.
When any one works with elderly or young people there is always a CRB check etc, so why not identify workers and their reputations.
White collar workers have to have references you know! These workers can be struck off their professional bodies too.
Don't be so precious.
It's amazing how a select few always seem to win contracts with certain firms, and others don't even get a look in.
This kind of corruption (which reaches to the highest level) must not be tolerated.
This needs to be protected by law, not made illegal.
And a secret blacklist that's used to avoid hiring people who will be firm about safety and labour regulations is another again. Even more obviously.
If you want to find out about potential employees, you ask for references, and then call the references. The only advantage a 'secret blacklist' has over that is that it's cheaper, faster, and less embarassing for the employers - and less legally problematic; using a list like this, you never run the risk of revealing that you were considering a candidate until you realized he wouldn't tolerate himself and his colleagues getting asbestos poisoning.
Calling objections to such a list 'political correctness gone mad' is jaw-droppingly blind and stupid. My apologies to all the visually challenged people out there for the politically incorrect metaphor.
I don't blame the companies - of course they'll do what's easiest for themselves - I blame this ridiculous government, for choosing to keep this 'secret' practice legal because they assumed it didn't exist anymore. New Labour is either crooked or retarded or both. My money's on both.
How many temps have been turned away from all local agencies for being scapegoated over some management incompetence or turning down a 4am phone call demanding they drive 40 miles immediately to fulfill an agency contract?
Thousands over the years.
Run them like the credit agencies, and let anyone access them who has a record, to ensure accuracy.
I wonder if we can find out under the Data Protection act if we are on [it]?
4skully4
Blacklisting exists not only in construction but is exercised by teaching agences as well. I can mention ITN Mark Education, Capita Education, Sanza Teaching Agency, Select, Axcis and so on, and so on, the list is infinitive because I do not know an agency not involved in that procedure. Once upon a time only court or authorised body could bar from doing a job. Now, a clerk or officer working for agency can do the same. You cannot defend yourself...and like in Soviet Russia you have no idea what is this about, is there something alleged, is it an accusation or you are simply discriminated or victimised. You can have all necessary documents with enhanced CRB disclosures including, but it does not count at all.
Is it Britain still the state of the law or there is a new power of anonimous people who make use of Internet and other media ?
VESTA
Bloomberg actually states that if it finds any information out about prospective candidates that it will share this information with any other company or agency it feels like blacklisting you to. The government won't do anything, it gives all the token representation it wants to give employees in the form of the employee tribunal system, which performs adequately if you are an employer.
Credit Suisse and Aviva perform criminal checks on all their prospective and retained staff, so it is unlikely that this information is not diseminated to all and sundry (agencies). The agents certainly may be paid specifically by these companies to actually entrap, (all though this would be difficult to prove) and so destroy careers. This is despite all otheese companies have criminal convictions, as well as numerous other ways of working around laws in order to break them.