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.