Press release: Press release: Press release: Immediate
24/01/2013
Blacklisted Jerry Hicks candidate for Unite General
Secretary speaks out
Blacklisting of workers is a ‘National scandal’. And the
scandal is that it has gone on for so long and not enough was done by those
shouting the loudest now.
Millions of people would be forgiven for thinking that the
illegal blacklisting of over 3,000 construction workers has suddenly been
discovered. Yet it has been the worst kept secret for over two decades that
those who spoke up with concerns for Health and Safety on construction sites or
defended wages and conditions were punished and denied employment. Brave people
paid a heavy price as each year, each month, each day brought more
discrimination - more lives were being wrecked, houses lost to
repossession, stress induced ill health, heart attacks and even worse.
It was more than 3
years ago in 2009 when the Information Commissioner's Office (ICO) raided the
offices of the Consultancy Association and found the illegal records of files
kept on 3,200 workers. Ian Kerr was fined a paltry £5,000 for storing
information contrary to the Data Protection Act. To add insult, the fine was
paid not by Mr Kerr but by the employers who had enlisted his services.
Then last year before he met with his untimely death Ian
Kerr ‘spilled the beans’ when he gave evidence to the Scottish Select
Committee.
Jerry Hicks who is on the illegal blacklist says “there are
those that liken this to the ‘phone hacking’ scandal, but I believe this has
more similarities to the Jimmy Saville scandal. How many institutions knew or
suspected? How many employers outside of the contributors knew? How many MPs
suspected or knew? How many union officials suspected or knew and perhaps
benefitted? What and how much did the police know?”
Why the lack of effective action? Why has it been left to
the determined struggle of the Blacklisting Support Group along with some very
courageous people already on the list to expose the abuses and attempt to
redress the wrongs and bring those responsible to book.
As
a spokesperson for the Information Commissioner’s Office rightly pointed
out to today’s outcry from trade union leaders, “Where were the unions 3 years
ago?”
Jerry Hicks, the only challenger in the current election for
Unite General Secretary, said “The union had the perfect opportunity to
confront blacklisting employers. The Olympics could have, should have been the
time and the vehicle to take on and defeat the blacklist, It would have
propelled the abuse into the national news. It was an opportunity lost.”
Back in 2010 Jerry Hicks was among those protesting at the
Olympic site over workers failing to find employment there. At the same time
trade union leaders at the TUC conference only a mile away made speeches about
the need for ‘civil unrest’, yet not one of them came to the protest.
It would seem that some band standing is going
on here. After all who spoke out the loudest or even at all during those long
grim years? Labour in office? Unite’s leadership?
Jerry
Hicks pointed out “Two years ago during the last election for the top job in
the UK’s biggest Union I was the only one of four candidates that made
blacklisting in construction an issue and to promise to redress the wrongs –
both in my campaign and election address. Mr McCluskey and Ms Cartmail also
candidates chose not to mention it. They obviously had other priorities.
Perhaps for them it has only just become a National Scandal.”
Now
there is another election on for Unite’s General Secretary, it having been called ‘out of the blue’,
brought forward 3 years and fast tracked.
To
many it seemed as though it would go uncontested, allowing McCluskey to extend
his term of office without actually going to the members. But Jerry Hicks has
challenged and is well on his way to securing the 50 branch nominations
required to force the ballot of 1.5 million members.
Jerry
Hicks said “There are two candidates, one on the blacklist who has always
spoken out and acted against it and one who decides to shout about it now it
has hit the headlines. In life everything is about timing. I have my views as
to why Mr McCluskey has chosen now, but I leave it to you to draw your own
conclusion.”
He [Jerry Hicks] added “Labour ‘shadow business minister’
Chukka Ummna is now calling for an investigation into allegations that firms
involved in major projects, including the Olympics and Crossrail, blacklisted
workers. Great! But why wait until in opposition? What did Labour do during its
3 terms and 13 years in government? As every year went by demands for justice
went unanswered, while trade unions poured money into their coffers.”
Unite’s
General Secretary Len McCluskey calls for a “Leveson-style enquiry” which is
correct but also an easy demand now that it has already hit the headlines. Why
didn’t Unite leadership maximise the opportunities that previously came their
way to highlight the abuse.
Assistant
General Secretary Gail Cartmail, who openly supports Len McCluskey in his
election campaign, described the 40 or so guilty firms on Radio 5 Live as - “an industry in denial, failing even to
apologise”. She is right.
However
it’s not just employers Unite officials can be hard on. In 2011 when 8
construction companies gave notice of unilateral withdrawal from a national
agreement ‘BESNA’, 500 Unite electricians took matters into their own hands,
met, agreed and embarked on a year long campaign of protests and unofficial
actions which proved to be a very successful strategy. Official backing did
eventually come ‘better late than never’.
But Unite’s initial response to this campaign beggars belief.
In
an email to Gail Cartmail copied to every Unite construction official and some
staff, the National Officer for construction Bernard McAuley began “Good
morning Gail, reference to our conversation last night” and went on to spew his
bile at those very same members of the union describing them as a ‘cancerous
group’, ‘opportunists’, ‘mindless individuals’ and mentioned Jerry Hicks by
name.
When
he received this e mail fourth hand, Jerry Hicks challenged this outrageous and
libellous diatribe and its wide circulation. No formal apology ever came nor
condemnation, and both officials are still responsible for ‘looking after’
construction members. It is easy to see how by design or carelessness names can
appear on blacklists.
Legal
action is being taken on behalf of a number of construction workers, who are
seeking compensation for having their names on the blacklist. But shamefully
this, the only major court case, is a private case brought by the workers
themselves and not funded by Unite. It has been left to the good offices of
Guney, Clark & Ryan to take legal action on behalf of the construction
workers.
Just
as the blacklist was more than just rumoured for years, so was the possible
involvement of some union officials in supplying information to the consultancy
agency. A Leveson-style enquiry that Len McCluskey now calls for, may
embarrassingly prove if union officials were involved, where internal union
investigations have failed in the past to find sufficient evidence.
Jerry
Hicks said “In life, chances to really make a difference come and go. The
Vestas occupation on the Isle of Wight was one. It was wasted, I believe the
best chance to save the Remploy factories would have been protests and
occupations during the Para-Olympics but that chance went begging. There will
be other chances to fight injustice and the Con-Dem cuts but who will recognise
them and act and who will inspire people to believe that big victories are
possible.”
Ends:
Notes to
Editor:
Unite is the biggest union in the UK with 1.5 million members.
Unite is currently holding an election for its General Secretary, in
which there are only two candidates, Jerry Hicks and Len McCluskey.
Jerry Hicks was runner up in Unites
General Secretary election of 2010 beating two senior national officials and
securing 52,527 votes. He can be contacted by mobile 07817827912 or email jerryhicks4gs2010@yahoo.co.uk
Anyone
who believes they may be affected by the Consulting Association Blacklist
should first contact the Information Commissioner’s Office (ICO) on 0303 123
1113.
If
you find you are on the list, you should immediately contact Guney Clark &
Ryan Solicitors (GCR) on 02072757788 between 8am and 8pm. GCR have been
representing innocent blacklisted workers in their fight against the major
construction giants since 2009, and have over 100 clients on board already.
Most importantly, GCR and the barristers they have instructed (led by Hugh
Tomlinson QC) are working under a Conditional Fee Agreement (no-win-no-fee type
arrangement) and have insured the case with QBE Insurance.
Anyone
who contacts GCR can be assured of their confidentiality and professionalism,
and that the call will be on an obligation-free basis
