Could McAlpines be the first firm taken to a tribunal over blacklisting?

Update 9.07am: Piece in The Guardian today about a demonstration taking place this morning outside the Olympic site. Interesting quote from one organiser:

"We are targeting the Olympic site because it is the highest profile construction project in the UK," said the spokesman, who asked not to be named for fear that he will be blacklisted (my emphasis) by employers. "Across the country construction workers are concerned they are not getting a fair deal. We will be calling for 100% direct employment on the Olympic site and we don't want to see any agency workers."

More coverage here and in the Morning Star.

Meanwhile union official Michael Dooley has just issued a press release announcing what looks like the first employment tribunal claim arising out of the construction industry blacklisting scandal.

The release says:

A former Bricklayer who was named on the Construction Blacklisted because of his Trade Union activity has made the first claim to the Employment Tribunal. Michael Dooley has last week 27th April 2009 registered a claim against major contractor Sir Robert McAlpine after recently receiving official confirmation of his 16 page Blacklist file

The Tribunal office in South London has accepted his claim and should hear Dooleys case in a matter of months. The case centers on a Documentation that was seized by the governments Information Commissioner when officials raided an office in Droitwich in the West Midlands occupied by the Consulting Association in March 2009.

Director of the Consulting Association was Ian Kerr. Kerr kept files on over 3,000 building workers who where trade union members, this file referred to as a Blacklist was supplied to many major building contractor one of which, it is reported was Sir Robert McAlpine. Contractors paid an annual subscription reported to be £3,000. Requests for information on ‘subject’ was made the Consulting Association’ provided the information at a charge of £2.20p a time.

Dooley lodged the claim as soon as he was aware that his name was on the file, his documentation runs to some 15 pages of information dating back to 1977 and ending in 1999, shortly after he became a Full Time Official of a Trade Union in London.

Dooley said ‘we stood up to bullying subcontractors and fought for decent wages and conditions when it was right to do so.  I heard stories of a Blacklist but it was a situation where either I accepted the unacceptable and keep my head down or say no that not right”

Dooley added ‘ I wanted to make sure that conditions where safe and wages where paid correctly, there is inevitably a conflict with some employers. So I regularly varied my details including my union, my name, National Insurance even my accent, but it is the more sinister information contained on my Blacklist that I am very angry about information of a personal nature, more than just my employment record.  My file contained personal information, some of which must have originated from Government departments and other information that was alarmingly incorrect.

An Employment tribunal may not have the jurisdiction to hear Dooleys claim because of time limits on bringing claims. However if what Dooley said is found to be true that he was refused work on several McAlpine sites after being involved in an industrial dispute on one of their sites it could be embarrassing to McAlpines. The question remaining  will be why was a reputable major contractor involved in the practices which could bring so much disrepute to them and to the industry?

ENDS

When I contacted McAlpines about the original blacklisting story I got a swift and straight  'no comment'. I expect the same here until / if this goes to court.

Update: Story also covered by Contract Journal and Heating and Ventilating Net.