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1,108 Blacklisted By 9 Companies

Tuesday, September 24, 2013

Nine Major Companies Put 1,108 Workers On Construction Blacklist Delegates To Labour Party Conference Told

Under EU and UK procurement law blacklisting is “grave professional misconduct” and a failure to compensate victims is lawful grounds for excluding companies from tender lists lawyers tell delegates

Macfarlanes LLP, acting for Sir Robert McAlpine, has now disclosed that nine major construction firms provided the names of 1,108 workers to be placed on the construction industry blacklist.

Balfour Beatty and the companies it took over provided 302 names, BAM and the companies it took over provided 34 names, Carillion and the companies it took over provided 137 names, Costain and the companies it took over provided 70 names, Laing O’ Rourke and the companies it took over provided 85 names, Kier provided 229 names, Skanska and the companies it took over provided 75 names. Vinci and the companies it took over provided 64 names and Amec and the companies it took over provided 42 names

This information is set out in a new GMB publication on blacklisting which was published at a meeting on “blacklisting the blacklisters” at the Labour Party Conference in Brighton on 23 September.

GMB lawyers in June 2013 lodged claims in the High Court in London seeking compensation for 70 GMB members blacklisted by Carillion, Sir Robert McAlpine and other construction employers.

Blacklisting came to light when in 2009 the Information Commissioners Office (ICO) seized a Consulting Association database of 3,213 construction workers and environmental activists used by 44 companies to vet new recruits and keep out of employment trade union and health and safety activists. Over 60% of those on the blacklist were aged between 30 and 50 in the mid1990s. They were mainly active trade union lay leaders on construction sites.

Macfarlanes LLP have had access to the ICO files and they set out in McAlpines defence the amount each company spent with the Consulting Association, how many names they submitted to be placed on the blacklist and how many people they denied work to. The figures are in the table below:

Company

Previous names

Amount spent

 total references providing information to TCA

references refusing to permit workers to work on their sites

 

 

 

 

 

Balfour Beatty Engineering Services Ltd

Balfour Kilpatrick Ltd

£49,357.90

114

154

Balfour Beatty CE Ltd

Balfour Beatty Civil Engineering Ltd

£48,425.80

 

 

Balfour Beatty Engineering Services (HY) Ltd

Hayden Young Ltd

£4,266.85

3

11

Balfour Beatty Infrastructure Services Ltd

Raynesway Construction Southern Ltd

£3,002.70

 

 

Balfour Beatty Construction Ltd

Balfour Beatty Construction Northern Ireland

£6,451.50

 

 

Balfour Beatty Construction Scottish and Southern Ltd

Balfour Beatty Stonemasonry Ltd

£300.00

 

 

Balfour Beatty Third Parties

 

£111,804.75

302

187

 

 

 

 

 

BAM Construction Ltd

HBG Construction Ltd

£26,935.00

15

 

BAM Construct UK Ltd

HBG UK Ltd

 

BAM Nuttall Ltd

Edmund Nuttall Ltd

£38,371.85

19

 

BAM Third Parties

 

£65,306.85

34

2

 

 

 

 

 

Carillion Engineering Ltd

Crown House Engineering Ltd

£70,608.25

114

104

Carillion Construction Ltd

Tarmac Construction Ltd

Carillion JM Ltd

Mowlem Ltd

£20,630.50

23

3

Carillion Third Parties

 

£91,238.75

137

107

 

 

 

 

 

Costain Group PLC

 

£32,860.75

 

 

Costain Ltd

Costain Civil Engineering Ltd

 

 

Costain Building & Civil Engineering Ltd

Costain UK Ltd

 

 

 

Costain Third Parties

 

£32,860.75

70

17

 

 

 

 

 

Laing Ltd*

 

£147,756.00

 

 

Laing Construction Ltd

Laing Construction PLC

 

 

 

Crown House Technologies Ltd

 

£22,852.15

 

 

Laing O'Rourke Services Ltd

 

 

 

 

Laing O'Rourke Utilities Ltd

Laing Construction Utilities Ltd

 

 

 

John Laing Construction Ltd

 

 

 

 

Laing O'Rourke Third Parties

 

£170,608.15

85

87

 

 

 

 

 

Kier Ltd

 

£30,620.35

229

 

Skanska Construction UK Ltd

Kvaerner Construction Ltd / Trafalgar House Construction Special Projects

 

 

 

Skanska UK PLC

Skanska Construction Group Ltd / Kvaerner Construction Group Ltd /  Trafalgar House Construction Ltd

 

 

 

Skanska Rashleigh Weatherfoil Ltd

Kvaerner Rashleigh Weatherfoil Ltd

 

 

 

Skanska Major Projects Ltd

Skanska SNG / Skanska Whessoe Ltd

 

 

 

Cementation Skanska Ltd

Kvaerner Cementation Foundations Ltd

 

 

 

Skanska Third Parties

 

£215,842.70

75

103

 

 

 

 

 

VINCI PLC

Norwest Holst Group

£40,182.65

62

27

Taylor Woodrow Construction

 

£16,383.00

2

5

Vinci Third Parties

 

£56,565.65

64

32

 

 

 

 

 

AMEC Building Ltd

Fairclough Building Ltd / Fram Gerrard Ltd

 

14

1

AMEC Construction Ltd

 

 

18

22

AMEC Design and Prokect Services Ltd

 

 

 

 

AMEC Group Ltd

 

 

 

 

AMEC (MHL) Ltd

Matthew Hall Ltd

 

10

17

AMEC Third Parties

 

£69,276.85

42

40

 

 

 

 

 

TOTAL**

 

£844,124.80

1,108

595

 

 

 

 

 

* References are to £147,756 paid by John Laing / Laing O'Rourke

** Total including the figures mentioned in the note below.

NOTES: A further 70 references to other companies or divisions within the AMEC Group providing information to TCA

A further 20 references  to other companies or divisions within the AMEC Group refusing to permit workers to work on their sites

Justin Bowden, GMB National Officer, said “This “blacklist the blacklisters” meeting shows that there is now a real appetite for action to stop companies getting any more public work until they own up, clean up and pay up.

The lawyers said that under EU and UK procurement law blacklisting is “grave professional misconduct “ and that a failure of blacklisters to compensate their victims is lawful grounds for excluding them from tender lists.

We now need to see this advice put into action across the UK.

Carillion, who have yet to compensate any of their victims, claim that they stopped blacklisting in 2004. GMB would like know when and how they removed the 137 names of construction workers that they supplied to the blacklist which was in operation until 2009 when it was shut down.”

End

Contact: Justin Bowden, GMB National Officer on 07710 631351 or Maria Ludkin GMB National Officer for Legal and Corporate Affairs on 07956 632 657 or GMB Press Office: Steve Pryle on 07921 289880 or Rose Conroy on 07974 251823.

 

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