Trade unions have called for a full disclosure of the information obtained from the Consultancy Association (CA), and an investigation into the links between construction employers, the police, security services and the CA. Information in the public domain from the CA shows that personal information about workers resident in Scotland is held in the Blacklisting files obtained by the Information Commissioners Office following a raid conducted in 2009.
The clandestine nature of blacklisting makes it very difficult to prove. However anecdotal evidence provided by Trade Union members suggests that blacklisting is still a practice undertaken by unscrupulous employers in the construction industry today. Serious concern remains about this now illegal practice and the impact of this activity on the job prospects, career progression and remuneration of trade union members. We also believe that it undermines the crucial work undertaken, on behalf of the whole industry, by Trade Union Shop Stewards and Health & Safety Representatives who may fear retribution for undertaking lawful trade union duties.
Trade unions have taken legal action in support of their members including in February this year. A construction worker on the Crossrail project who believes he was blacklisted because of his union and safety activities won the right to challenge his sacking. An Employment Tribunal ruled on 27 February that both Crossrail and contractor Bam Ferrovial Kier (BFK) should appear in court to answer the allegations that Unite safety rep Frank Morris was unfairly dismissed. It is incumbent on the Scottish Government to ensure that no similar cases have happened or will happen on construction projects undertaken with public funds.
Matters have been raised directly in the Scottish Parliament by Neil Findlay MSP, who has secured a members’ debate on Blacklisting, and other MSPs regarding Blacklisting in Scotland. A written response from the Scottish Government states that ‘The Scottish Government has no plans to commission an independent report to determine whether blacklist is continuing in the construction sector.’ This response does not address the genuine concerns of many with experience of the construction industry that blacklisting is still happening within the industry today.