Remedy Hearing Tribunal written facts

At our recent remedy hearing the tribunal heard evidence on blacklisting and the following extracts are taken from the tribunals written summary regarding discrimination in the electrical JIB contracting industry:

THE ISSUES SECTION

4. 4 There was an issue as to whether the existance of a blacklist of electricians within the industrial electrical industry existed and whether the claimants efforts to find employment were adversely affected by that blacklist.

FINDINGS OF FACT SECTION

5. 16 A blacklist exists within the electrical industry & has on it names of various individuals considered for various reasons to be unsuitable for employment. Union activity is a reason why individuals are entered onto that blacklist. The 3 claimants all figure on that blacklist but in particular the claimant Steve Acheson has appeared on that blacklist for a considerable length of time.

SUBMISSION BY EMPLOYERS REPRESENTATIVE

7. 4 There is no dispute that there is evidence of a blacklist within the industry & that some companies take advantage of it but there is no evidence to say that the respondent company takes advantage of it.

SUBMISSION BY WORKERS REPRESENTATIVE

7. 9. 1 The claimants are unique because of their trade union history & their employment tribunal history. Acheson in particular has a very high profile & because of their profile it has been difficult for these claimants to find alternative employment. There is no doubt that a blacklist exists & reference was made to the evidence of Alan Wainwright, heard by tribunal at the first hearing.

7. 9. 2 This is Mr Achesons 3rd tribunal claim & so far as the other 2 claimants are concerned this is the 2nd claim & all have received considerable press attention.

7. 9. 3 It should have been easy for the claimants to find alternative work as there is a demand for electricians within the industry but the failure by them to do so is cogent evidence of the blacklist.

CONCLUSION OF TRIBUNALS FINDINGS

11. 5 The tribunal has noted that at the date of the remedy hearing none of the claimants had obtained alternative employment. In an industry where there is a great shortage of skilled labour that is a startling situation. Ordinarily the tribunal would have expected all 3 claimants to find work quickly but they have not & the tribunal has asked itself why not. In reaching its conclusions in this matter the tribunal has carefully analysed the evidence of Mr Wainwright & indeed the other evidence recieved during the remedy hearing as to the existance of a blacklist within the electrical industry. Disgraceful though it be, the tribunal concludes that a blacklist exists in relation to certain workers in the industry in which the claimants work & that the claimants are all on that blacklist. As a result it has been more difficult for the claimants to find alternative work & the tribunal takes that into account in its calculation.

These are extracts taken from public record regarding blacklisting in the construction industry and again more information which we hope will convince our union, UNITE to sue the employers association.

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