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Landmark legal victory for blacklisted workers |
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By Blacklist Support Group
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Tuesday, 16 November 2010 |
Trade union member Phil Willis has won a landmark legal judgement (Wed 10th Nov), that massively boosts the chances for other
blacklisted workers seeking justice in UK courts and may open up
construction employers to millions in damages.
Phil Willis was
refused employment as a Steel Erector with the construction firm CB&I on the Isle of Grain in September 2007. The Ashford
Employment Tribunal found that the reason for the refusal was because
Mr. Willis was a member of the trade union UNITE and the company was
operating a blacklist. The successful claim was brought under Section
137 of the Trade Union and Labour Relations (Consolidateion) Act -
TULR(C)A
Employment
Judge Bowles was scathing of the company. The important elements of the judgement are:
1.
The Tribunal found as a MATTER OF FACT that the *Consulting
Association* was operating a *"blacklist"* on behalf of major
contractors in the building industry.
And that *CB&I* was
supplying information to the 'Consulting Association' and using the
personal sensitive information on the database to blacklist trade
unionists.
The Consulting Association database was discovered by
the *Information Commissioners Office* during a raid in 2009 and
contained personal data on over 3000 individuals. This is the first time
a UK court has definitively made the judgement that the database was
being used as a blacklist of trade unionists by the companies who formed
the association and used its services.
2. Mr Willis was awarded
£18,375 by the Tribunal. £2000 of this was for "aggravated damages"
specifically because of the company involvement
with the Consulting Association blacklist - THIS IS A MAJOR ISSUE as
aggravated damages are very rarely awarded.
3. Judge Bowles was
also damning of the company for not bringing Ron Barron as a witness in
the case. Mr. Barron had been the senior Industrial Relations manager on
behalf of CB&I responsible for the Isle of Grain project who had
direct dealings with the Consulting Association. Mr. Barron had worked
for CB&I for many years but left the company in September only a few
weeks before the case came to court!!!! He currently lives in Ashford
(the venue of the Tribunal).
The constitution of the Consulting
Association identifies representation at meetings by the companies was
at DIRECTOR level. This judgement raises the prospect of company
directors being brought to court to explain their actions in the
blacklisting scandal.
Phil Willis commented after the decision:
"We are beside ourselves with delight!The
judgement was absolutely damming against CB&I, so much so that it
reduced Cathie, me and the barrister to tears as it was such a great
victory for us and for all those who will eventually follow in our
footsteps."
Mr. Willis was supported by his union UNITE in the case.
The barrister in the case was Nick Toms from Doughty Chambers.
The solicitor was James Lenihan from Thompsons Solicitors.
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