Monday 6 November 2017

Shock 'ethical award' for blacklist company

  Sent to Northern Voices by Joe Bailey with additions by NV

AN ethical labour standard award to a leading blacklisting company Sir Robert McAlpine has been described as ‘shocking and disgusting’ by the construction union Unite. In October, the company became the first construction contractor to be awarded the ‘Ethical Labour Sourcing’ standard by the Building Research Establishment (BRE).  But Unite says Sir Robert McAlpine was at the centre of the Consulting Association blacklisting operation, supplying both the first and final chair of the organisation and being one of the principal users of the blacklisting process which ruined the lives of thousands of workers, many targeted for raising safety concerns.  Unite is currently suing Sir Robert McAlpine Ltd on behalf of victims of blacklisting, having already secured millions of pounds in compensation for blacklisted workers from firms involved with the Consulting Association. 
 
The Unite union says its concerns about the firm have been reinforced by MPs, with 75 signing an early day motion calling on the company to be stripped of the contracts to refurbish Big Ben and the Elizabeth Tower because of its involvement in blacklisting (Risks 822).

Unite assistant general secretary Gail Cartmail said:
‘Awarding an ethical standard for labour sourcing to Sir Robert McAlpine is both shocking and disgusting.  There is nothing ethical about blacklisting workers and ruining their lives.’

She added: ‘While BRE’s intentions to monitor and improve the recruitment of construction workers should have been a step forward, the organisation has shot itself in the foot by glossing over the stench of blacklisting which permeates from Sir Robert McAlpine.’

The Ethical Labour Standard award created by the British Research Establishment, a certification and standards firm, in response to the Modern Slavery Act 2015.   The standard aims to verify firms that apply the proper due diligence around human rights and ethical concerns when sourcing materials, products and service.
Sir Robert McAlpine, whose projects have included the 2012 Olympic Stadium*, Bloomberg’s new London headquarters and Victoria Gate retail development in Leeds among others, are already leading the sector in its approach to sustainability and ethical sourcing.

Responding to the award Paul Hamer, chief executive of Sir Robert McAlpine, said:  'Forced labour can have no place on Britain’s construction projects; it is an unseen and evil practice that must be stopped.
Our business is working incredibly hard to demonstrate that Sir Robert McAlpine will not tolerate it and this ELS accreditation is testament to our commitment.'

Force labour may well be unpleasant, but what of its opposite 'forced unemployment' in the British building trade?   The evidence shows that the company Sir Robert McAlpine did for years finance the Consulting Association which engaged in the blacklisting of workers.  

Force labour may well be 'an unseen and evil practice that must be stopped', but isn't blacklisting mostly unseen?  Isn't blacklisting unseen carried out by furtive firms with nosey Human Resources staff and sleek, spying secretaries like the Consulting Association's boss Ian Kerr's wife?  

One of the directors of Sir Robert McAlpine is Cullum McAlpine, who was one of the defendants eight of the contractors involved in the High Court blacklisting trial have apologised “unreservedly” after they admitted using the secret database to vet workers.

Executives at the company, including Cullum McAlpine, a director and member of its founding family, were allegedly 'intimately' involved in the operation of a 'clandestine' organisation holding a list of people barred from the industry.

Mr. McAlpine was in communication with Ian Kerr, the director of the Consulting Association (TCA), the organisation which held the list on behalf of construction firms, up until it was dissolved, it is alleged.

It is further claimed that Kerr, when he was exposed and prosecuted in 2009, was warned of possible commercial repercussions for Sir Robert McAlpine Ltd if Cullum McAlpine's name emerged in public.

Cullum McAlpine has already admitted before a House of Commons committee three years ago that he was the founding chairman of the Consulting Association, the organisation that grew out of the ashes of the Economic League in 1993 to manage a list of construction workers considered ‘subversives’ and a risk to employers.   He admitted that he was responsible for the commercial success of the blacklisting operation.   However, he said that if there were names on the list that should not have been on the list, it was nothing to do with him or his company, as he merely used the service and was not in charge of running it.

 Never-the-less, the Scottish Affairs Select Committee that questioned Cullum McAlpine, declared that Mr. McAlpine's company ought not to be awarded public contracts.  His company pleaded guilty to Breach of Confidence; Misuse of private information; Defamation; Conspiracy; and Breach of Data Protection.

The defendants which included Balfour Beatty, Carillion, Costain, Kier, Laing O’Rourke, Sir Robert McAlpine, Skanska UK and VINCI – said their use of a secret database to screen potential employees 'infringed workers’ rights to confidentiality, privacy, reputation and, latterly, data protection'.

A statement issued jointly by the firms, known as the Macfarlanes defendants, added: 
'We accept that this had consequences for affected workers in terms of loss of employment, refusal of work, reduction in earnings and an impact on their personal lives.'

At a hearing yesterday, construction companies represented by Macfarlanes solicitors – Balfour Beatty, Carillion, Costain, Kier, Laing O’Rourke, Sir Robert McAlpine, Skanska UK and VINCI – said their use of a secret database to screen potential employees 'infringed workers’ rights to confidentiality, privacy, reputation and, latterly, data protection'.

A statement issued jointly by the firms, known as the Macfarlanes defendants, added:  'We accept that this had consequences for affected workers in terms of loss of employment, refusal of work, reduction in earnings and an impact on their personal lives.'

The trade union Unite said the confession that the workers on the list had been defamed was 'groundbreaking' and opened the door to larger payouts that could total tens of millions of pounds.

The ethical award that the company Sir Robert McAlpine has now received is assessed on 12 issue areas: Organisational Structure, Management Structure, HR, Procurement, Bribery & Corruption, Forums, Management Policies, Immigration, Supply Chain Management, Learning & Development, Reporting and Assurance & Compliance.
Sir Robert McAlpine’s most notable projects include the 2012 Olympic Stadium, Bloomberg’s new London headquarters and Victoria Gate retail development in Leeds.


*   24 January 2013 - The Institute of Employment Rights website:
Director of Sir Robert McAlpine Cullum McAlpine admitted using a blacklist to recruit for large public projects including the Olympics.
As a witness brought in front of the Scottish Affairs Committee, which is currently running an inquiry into blacklisting, Mr McAlpine claimed ignorance or a poor memory over many of the key issues, but confessed to heavy use of the Consulting Association's blacklist during 2008.
However, he stated that McAlpine was not using the blacklist to look for trade unionist activity, but to look for illegal migrants following a raid on one of its sites in previous years.
In fact, Mr McAlpine denied that his company - or any of Consulting Association's members - intended to use the blacklist to weed-out trade unionists and workers who were members of left-wing parties.
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