Tuesday, 30 October 2012

CARILLION & THE BLACKLISTING (1)

I have two statements to publish. The first is the official (49 point) statement from Carillion to the Scottish Affairs Committee and the second (albeit in two emails to the Chairman) is my response.

One of these statements is grossly untrue. See if you can work out which!

CARILLION STATEMENT - opens PDF file


ALAN WAINWRIGHT STATEMENT (part 1)

Dear Ian
I have now seen the written submission to your committee from Carillion PLC and respond accordingly to set the record straight:

Point 10.

I doubt very much that anyone has (apart from Ian Kerr) or ever now will following the evidence given by David Clancy and David Smith from the ICO two weeks ago. 5%...

Point 22.

Senior management within Tarmac/Carillion were involved with the CA. I have previously mentioned that the instruction for my Central Labour Department in Manchester to use the CA came from the Tarmac/Carillion Personnel Director in head office via Kevin Gorman (the Crown House HR Manager).

Within weeks of meeting Ian Kerr and setting up the name checks, I was instructed to cease all contact with him and fax all future name checks to Frank Duggan's secretary/PA, Anne Johnson at the Tarmac/Carillion head office in Wolverhampton. Frank Duggan was the Group Personnel Director for Tarmac/Carillion at the time.

The lists of names were faxed weekly to Anne (on a fax number that was specifically to be used for this purpose) and she would call me personally if an operative from the list was not to be employed.

I recently called electrician, Dave Smith who has already given evidence to your committee to discuss Carillion and he informed me that the initials JB, KG and LK were on the Carillion blacklist files he'd recovered from the ICO for his case against them. KG would be Kevin Gorman, JB would be John Ball who was the senior HR Manager for Tarmac/Carillion during my employment with them (1993 - 2000) and LK would be Liz Keates who joined around 1999. If true, this confirms that all three were providing information about operatives to the CA.

I can also confirm that Kevin Gorman had confirmed to me on at least one occasion that he had placed two operatives on the CA blacklist following a dispute at a project in Hull.

Please note that I write the following in an email to David Clancy at the ICO in 2008 in response to a scan of a photograph he had forwarded to me in his effort to identify Ian Kerr:

My initial feeling is no.

The image appears to portray a balding man, although this could be the poor quality.

I think one of your best options at this point is to contact Kevin Gorman, as he was closer to this than myself.

Kevin's instructions came from Frank Duggan, who was Tarmac's (now Carillion plc) head of Human Resources.

Frank is now probably retired, but I've tracked Frank down to a website at

http://artsfactory2.intheuk.com/index.asp?id=1&subid=5&rec_id=72

In this, he quotes that he was head of HR for Tarmac.

I'm not sure what powers you have to enforce Frank to cooperate and disclose the details about Iain Kerr (or the blacklisting as a whole), but he was fundamental in managing the blacklisting process at Tarmac, and all checks were faxed to his then P.A./assistant, Anne Johnson at the time, prior to going on to Mr Kerr's agency.

Mr Kerr informed me that he relied on one single point of contact at each company to protect his identity.

Please let me know if you require any more help on this.

Regards

Alan

Point 25.

I think my statement above answers this point about the relationship between Carillion and the CA, but one question the committee may wish to put to Mrs Keates is why she suddenly became uncomfortable about using the services of the CA in 2004, four years after inheriting the functionality of my department in 2000.

Point 27.

I believe Kevin Gorman now works for Bristow Helicopters in Aberdeen who provide crew transport services to offshore rigs. I did provide this information to David Clancy at the ICO in 2008 by email:

David

Kevin Gorman is at Bristow Helicopters.

He'll be based in Aberdeen, but here's the contact details for the UK.

http://www.bristowgroup.com/about/contact.php

Regards

Alan Wainwright

I do recall one member of your committee raising a concern about blacklisting and offshore work in last weeks session with representatives from the ICO, so Kevin Gorman may be able to help you with that line of inquiry.

Point 28.

In my opinion, if true, this decision would have been way above the pay scale of Mrs Keates. Coincidentally, Carillion sell the Crown House business to Laing O'Rourke in 2004 who I think then trade as Crown House Technologies.

Points 30 & 32.

I was National Labour Manager for Tarmac/Carillion's in house agency NCS (mechanical and electrical) in 1993 and then the entire Crown House business from 1995 to 2000 and do not agree with these statements. We had approximately 1800 directly employed operatives, supported by around 300 - 400 agency workers which were essential to meet the flexible demands of the construction process. I do recall there being some problems on a project in Hull which were resolved with the help of a meeting with ACAS in Leeds, but in general I cannot recall any great industrial relations problems. We had set up a Central Labour Department in Manchester in 1997 and introduced excellent database systems for recruitment, electronic time and attendance and bonus/incentive schemes to enhance the earning potential for operatives on our projects.

I do however think that these statements by Carillion sum up the real problem, in that the issue was greatly exaggerated at the time.

Carillion do not provide any evidence to support their statements.

Point 33.

Carillion certainly did have financial arrangements with the unions and I firmly believe this is why Derek Simpson (General Secretary of Amicus/Unite) did absolutely nothing with all the blacklisting evidence I provided to him and other senior trade union representatives in 2005 and 2006. I go into more detail about this in my blog.

Point 34.

I did not publish the names of 500 individuals known to be on the CA database on my blog in 2006. I published a list of operatives who were employed at the Jubilee Line Extension (Emcor Drake & Scull joint venture with Sir Robert McAlpine) and the Royal Opera House and Pfizers projects (Balfour Kilpatrick Limited - a subsidiary of Balfour Beatty PLC). The lists were circulated to myself and the labour managers at Emcor Drake & Scull by Sheila Knight (Group HR Director) in August 2000.

Point 40.

Carillion use industry statistics here to create the impression that health and safety is improving in the construction industry, quoting 50 fatalities in 2011 compared to a five year average of 61 over previous years. It's important to note that turnover in construction in the UK has decreased substantially over recent years due to the recession, which will have had a direct effect on the number of people actually employed on construction projects. Carillions' turnover was 5.5 billion in 2008, 5.6 billion in 2009, 5.1 billion in 2010 and 5.1 billion in 2011. 

Point 45.

Dave Smith informed me there is evidence of information supplied to the CA on the files he recovered in relation to Tarmac/Carillion with the initials KG, JB and LK. If true, that would be Kevin Gorman (Crown House), John Ball (Tarmac/Carillion) and Liz Keates (Tarmac/Carillion).

Point 46.

Carillion may have stopped six years before this became unlawful (as they put it) but the detriment to individuals placed on the blacklist would have been for life if this practice had not been exposed and closed down in 2009. Just because Carillion say they were not involved after 2004 does not mean that the names of the people they placed on the blacklist were then automatically removed. They would not have been and the detriment would have continued to this present day and beyond.

The consulting agency may no longer exist, but the unexplained gaps of employment on the CV's of those affected is in my opinion the most destructive element in all of this.

Point 47.

Carillion were at the centre of the blacklisting and appear to have been long before I met Ian Kerr in 1997.

Summary

I do hope you find the information useful as I have tried to be as accurate as I can in relation to events that happened many years ago. I cannot simply sit back and let Carillion mislead you in this way. If I have not commented on a point this does not mean that I do not have information or a view on this. I am just trying to provide you with truthful information to save you being misled and have done my very best with this latest submission by Carillion.

Best Regards


Alan Wainwright



ALAN WAINWRIGHT STATEMENT (part 2)

Dear Ian
I have just discussed my email below with Dave Smith and we have been able to establish further proof of Tarmac/Carillion managers who provided information to the CA.

The following is an extract from Dave's witness statement:
From the disclosures by the ICO [Tab C pp 19-209], I have identified the following initials of Carillion managers who supplied information to the Consulting Association: FD, GG, MH, RH, BA, DH, DW, RS, SP, MC. The initials KG and JB are at different times identified as the ‘main contact’ for Carillion [Tab C page 12 and 15
The initial 'FD' will be the Group Personnel Director, Frank Duggan and Dave confirms there is an entry from him from 1995 for a project on the Canary Wharf. This corroborates everything I have said about his involvement with the CA.

The initial SP will be Sandy Palmer who was the General Manager of Tarmac/Carillion's in house labour agency NCS. NCS (Postworth Limited) was based in Tarmac/Carillion's head office in Wolverhampton and they were providing in the region of 1000 workers each week to Tarmac projects around the country when I joined the company in 1993.

Dave mentions a second entry with the initials SP and DA for a project in Connahs Quay near my home in North Wales. SP will be Sandy Palmer again and DA will be Dave Aspinall who was another manager within NCS.

I'll forward any further information as and when it becomes available.

Best regards
Alan Wainwright







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