UCATTSpring2010

UnionofConstruction

AlliedTradesandTechnicians

BuildingWorker

KeeptheToriesoffoursitesDon’tlettheConservativesinonpollingday

Joinyourunionthe union for all workers in theconstruction and building trades

Websitewww.ucatt.org.uk

Freephoneadviceline0800-262467

BuildingWorkerbuildingworker@ucatt.org.uk

GeneralOffice�177AbbevilleRoad,LondonSW49RLTel:020-76222442Fax:020-77204081Email: info@ucatt.org.uk

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Applicants inNorthern Ireland/Republic of Ireland should contact theBelfast/Dublinoffice (see right) for contributiondetails

UnionofConstruction,AlliedTrades&Technicians

Application formembershipof Britain’s specialistconstruction union�

Injured or sick workers unable toclaim compensation because formeremployers cannot be traced will infuture not be left penniless, thanksto intense UCATT campaigning.

The Department for Work andPensions (DWP) launched a consul-tation in February on plans to createan Employers Liability InsuranceBureau (ELIB) scheme.

The union hailed the announce-ment, saying it represented a majorsuccess for the UCATT campaign todeliver justice for workers who can-not secure compensation for work-related illness or injury.

Under the scheme, all employerliability insurance policies wouldhave to include a small premiumthat would be paid into an ELIB cen-tral fund. If a worker developed aserious industrial disease and noinsurer could be identified, the indi-vidual would be paid compensationby the fund.

IndividualsCurrently, individuals do not

receive any compensation in suchcircumstances.

Reacting to the Government’sannouncement, UCATT GeneralSecretary Alan Ritchie said: “This isexcellent news and an importantstep forward. Far too often workersdevelop life-threatening illnesses

because employers have failed toprovide adequate protection fromharmful substances. If a worker’shealth is ruined, then they deservecompensation. By establishing theELIB, the Government will ensurethis occurs.”

UCATT has led the campaign forthe establishment of the ELIB andhas regularly lobbied the Govern-ment to take action on the matter.At the 2008 Labour Party confer-ence, the union successfully calledfor the creation of the ELIB. Partyleaders and ministers have sincebeen investigating how such a bodywould function.

The DWP is also considering thecreation of an Employers LiabilityTracing Service, which would helppeople track down their employer’sliability insurance policies andspeed up compensation payments.

OperateIt is envisaged that ELIB would

operate in a similar manner as theexisting Motor Insurance Bureau,which provides compensation tocar owners who are involved in acci-dents with uninsured drivers.

The TUC also welcomed thelaunch of the consultation on theELIB. Its General Secretary, BrendanBarber, said: “The creation of anEmployers Liability InsuranceBureau will be of real benefit forthose who develop a disease as aresult of exposure to asbestos orother hazardous substances.

“Because of the length of timebetween exposure to a chemical orasbestos and the development ofdiseases, it can be very difficult totrace who the insurer was at thetime of exposure. This means that,in many cases, someone who con-tracts a work-related disease as aresult of their employer’s negligenceis unable to get the compensationthey are entitled to.”� “Union to fight on for pleural plaquesjustice”: page 15.

BuildingWorker ispublishedbytheUnionof

Construction,AlliedTrades&Technicians(UCATT), 177Abbeville

Road,LondonSW49RL;email:[buildingworker@ucatt.org.uk].The

viewsexpressedhereinarenotnecessarily thoseof theunion.Every

effort ismadetoensurethatinformation iscorrectat thetimeofgoingtopressbut thiscannotbe

guaranteed.Wereservetheright toeditanyarticlesor letterssubmittedforpublication.The inclusionofan

advertisementdoesnot implyrecommendation.Nopartof thispublicationmaybereproducedwithoutpriorwrittenconsentbyUCATT.©UCATT2010.All rights

reserved.

Toadvertise inBuildingWorkercontactAyshaMiahat

RedactiveMedia–telephone020-78806230oremail

[aysha.miah@redactive.co.uk].

UCATTBuildingWorker

Spring2010/No.45Covercartoon:CliveWakfer

UCATThailssuccessforunprotectedworkers

Bogusself-employmentHousebuildersdefendtheir

‘hiddensubsidy’pages4-5

GeneralelectionWhywesayvoteLabour

pages7-14

BlacklistingDisappointmentwithnew

regulationspage16

PleuralplaquesCampaigngoeson,insistsunion

pages18-19

PlusLegalbrief:15Adviceline:16

International:20Yourmoney:21Obituaries:22

PeteJenk

ins

UCATTBuildingWorker�Spring2010�3

Helpinghandfromtheunion

UCATTProjectWorkerSteveCraigonhisfeetforthepressconferenceandlaunchofUCATT’sVulnerableWorkers’Unit.Theunitissnewservicedesignedtohelpconstructionworkerswhoareespeciallyvulnerabletoexploitation.Theseincludeagencyworkers,youngstersandmigrantworkers.Seefullstoryonpage17.

Governmentunveilsplansforcompensationfund

“Thisisexcellent

newsandanimportantstepforward…Ifaworker’shealthisruined,thentheydeservecompensation.”

4�UCATTBuildingWorker�Spring2010

�TheEFBWW’scampaignposterappearsinsevenotherEuropeanlanguages.

News

JustinTallis/repo

rtdigital.co.uk

UCATT has joined other construction unions inEurope to launch a campaign against illicitemployment in the construction industry.

The campaign was unveiled in March by theEFBWW (European Federation of Building andWoodworkers) at the European Parliament build-ing in Brussels.

The EFBWW is asking European Union govern-ments to ensure that all existing EU and nationalrules and regulations related to wages, workingconditions and social protection are fully com-plied with and enforced.

Union leaders also want main contractors on abuilding project to be “liable for the compliance,by all subcontractors and outsourced workers,with the terms and conditions governing pay,employment and social security” on every site.

In a document submitted to EU leaders, theunions demand: “All member states shall ensure

that all labour providers must clearly demonstrateand prove that they are complying with the law,regulations and collective agreement of the coun-try to which they provide labour. All “business-users” must play their part by using only those

labour providers that can demonstrate and provethat they are complying with the law, collectiveagreements, regulation and relevant practices ofthe sector.”

The extent of illicit employment has becomeworse, says the Brussels-based EFBWW, with theenlargement of the EU and with the increasingliberalisation of the EU’s “internal market”.

It is imperative therefore that the EU takesaction, as national governments alone cannottackle the problem.

Illicit employment is defined as “any form ofpaid or remunerated activities intended to evadeall, some or specific legal, regulatory, governmen-tal or collective provisions or payments of a fiscal,social or administrative nature, in accordancewith the provisions of the country of employ-ment. Bogus self-employment is explicitly con-sidered as illicit employment.”

Constructionchiefsunitetooppose‘undeclaredlabour’European construction tradeunions and employer representa-tives have signed a joint declara-tion condemning bogus self-employment in the industry.The EFBWW (European Federa-

tion of Building and Woodwork-ers) and the FIEC employers’ asso-ciation forged the pact at a two-daymeeting in Prague in February.UCATT hopes that the agree-

ment will be used as a major lob-bying tool to help eradicate bogusself-employment throughout con-struction, wherever it occurs inthe European Union.However, the union noted with

disappointment that the Britishemployers are not part of FIEC.Thedocument, titled “JointCon-

clusions and Recommendationsof the European Partners in theConstruction Industry on Self-Employment and Bogus Self-Employment”, states: “TheEFBWWand FIEC agree that there are veryharmful consequences to ‘unde-clared labour’ in the constructionsector. Undeclared labour prac-tices, which include bogus self-employment, are illegal and have

serious social, economic andhealth and safety consequencesfor the entire sector, both at themacro level (for example fiscaland social security) and at thelevel of individual workers andtheir employers.”The signing of the document

were the culmination of a jointtwo-year project between unionand business representativesexamining the issues of bogusself-employment.Among those who took part in

the proceedings in the Czech cap-ital was UCATT General SecretaryAlan Ritchie. Welcoming the out-come, he said: “The signing of thedocument is a significant victoryfor everyone who wants to stampout bogus self-employment. It isnow recognised by all sidesthroughout Europe that bogusself-employment cannot and willnot be accepted.”UCATT will now use the docu-

ment to press the British Govern-ment to redouble efforts to elimi-nate the endemic bogus self-employment that exists in theBritish construction industry.

UCATTjoinsEuropeanunionsincampaignagainstbosseswhododgepayandtax

“Maincontractorsonabuildingprojectmust

be‘liableforthecompliance,byallsubcontractorsandoutsourcedworkers,withthetermsandconditionsgoverningpay,employmentandsocialsecurity’.”

UCATTBuildingWorker�Spring2010�5

UCATT is dismissing the “Stop the Unfair Build-ing Tax” campaign by housebuilding contractorsas a blatant attempt to protect their hidden taxsubsidies while continuing to deny workers themost basic of employment rights.

The Home Builders Federation and the Federa-tion of Master Builders launched their campaignat the end of last year with support from compa-nies such as Barratt and Persimmon. Their aim isto oppose the Government’s current proposals tostamp out endemic bogus self-employment inthe construction industry.

Union officials reckon it is unsurprising thathousebuilding companies are at the forefront ofthe campaign to oppose the Government’smoves as many of them directly employ few ifany construction workers.

The principal advantage of using bogus self-employed workers is that employers do not payemployer’s National Insurance contributions.This is currently a saving of 12.8 per cent perworker. The rate will increase by 0.5 per cent to13.3 per cent from 2011.

Among other employers backing “Stop theUnfair Building Tax” is supermarket giant Asda,part of the notoriously anti-union Wal-MartStores group of the US. Last year Wal-Mart postedglobal profits of $1.9 billion, of which Asda con-tributed £520.4 million.

In July 2009 the Government announced thatit was consulting on proposals that would meanthat all construction workers would be “deemed”to be employed for taxation purposes unless theymet one or more of three criteria. These are: they

supply their own materials; they provide theirown plant; and they employ other workers.

The consultation on the proposals closed inOctober and a response from the Government isstill awaited.

UCATT welcomed the Government’s move asbeing the first genuine attempt to end widespreadbogus self-employment in construction. Theunion has argued that the measures should beextended to ensure that workers who are“deemed” to be employees for tax purposes aregiven full employment rights.

CorruptsUCATT General Secretary Alan Ritchie said:

“Bogus self-employment corrupts the construc-tion industry. This new campaign by house-builders is purely an attempt to preserve unfairand unethical tax subsidies, only available to con-struction companies.”

He added: “The Government’s proposals willnot only ensure that the Treasury receives properrevenues but will also start to tackle the rampantcasualisation which bedevils the UK constructionindustry.”

In 2008 Professor Mark Harvey, in his UCATT-commissioned report “The Evasion Economy”,estimated that bogus self-employment affected400,000 construction workers and cost the Exche-quer £1.7 billion in lost National Insurance con-tributions and tax revenues.

However Treasury officials have recently con-ceded to UCATT that there are 850,000 workerscurrently registered as “self-employed” under theCIS construction industry tax scheme, whichindicates an even higher level of lost revenue.

Majorhousebuildingcompaniesarenotoriousfordirectlyemployingfewworkers.

Housebuildersin‘unethical’defenceoftheirtaxhand-outs

Campaign

againstbogus

self-employment

The“StoptheUnfairBuildingTax”hasprovokedUCATTangeranddisbeliefwithitsclaimthattheystandtoforfeit20percentoftheirtake-homepayundertheGovernment’splans.

TheslickcampaignisaimedatordinarybuildingworkersandcampaignisbeingorganisedbyBrunswick,amultinationalfirmofpublicrelationsconsultants.

Thecampaignwebsitefeaturesa“losscalculator”which,saysUCATT,seriouslyoverestimates

howmuchworkerswouldlose.Thelosscalculatorclaimsthat

askilledconstructionworkerearningtheindustryminimumrateof£10.30andearningjustunder£21,000ayearwouldbe£3,119.87ayearworseoff.

ButtheunionsaysthatthetruecostofpayingslightlyhigherNationalInsurancecontributionswouldbeadecreaseinpayof£364ayear(£7aweek).

Andworkersdeemedtobeemployedfortaxpurposesare

betteroffbyhavingafarstrongercaseforclaimingholidaypayworth£2,307ayearandotherbenefits.

ThecampaignfailstomentionthatthereallosersintheGovernment’splansareconstructioncompanieswhohaveusedbogusself-employmentasasecrettaxsubsidy.Acompanypayingaworkertheminimumcraftrate(justbelow£21,000)wouldhavetopayemployer’sNIcontributionsof£1,941.56.

The‘losscalculator’thatdoesn’taddup

Companiesreceivehiddentaxpayersubsidywhileworkersloseout,saysUCATT

6�UCATTBuildingWorker�Spring2010

TransferredQuadronstafftreated‘withcontempt’

News

Familiesslamfinesas‘nodeterrent’

UCATT is preparing to take a seriesof employment tribunal cases insupport of hundreds of workers inWales and the South West of Eng-land who formerly worked forQuadron Property Services.

The company, based in Somerset,went into liquidation in Novemberlast year. It employed nearly 400workers and undertook housingmaintenance services for severalcouncils, housing associations andother organisations.

Most of Quadron’s contractswere then given to other compa-nies or taken back in-house. How-ever, in a number of cases the newcompanies ignored the TUPE –Transfer of Undertakings (Protec-tion of Employment – Regulationsand forced the existing workforceto accept inferior terms and condi-tions of employment.

RefusedIn other cases the new contractor

has refused to take on all the formerQuadron staff. Those workers havebeen left in a legal limbo, with evenadministrators Deloitte assertingthat they should have been trans-ferred under the TUPE Regulationsto the new contractor.

Many of the workers are alsoowed money in unpaid wages fromQuadron.

Quadron workers undertookhousing repair and maintenanceprojects at, among others, the fol-lowing organisations: Bourne-mouth Borough Council, CharterHousing Association (Newport),English Heritage, MonmouthshireCounty Council, North SomersetHousing, Salisbury City Council,Solon Housing Association (Bristol)and Stroud District Council.

Nick Blundell, Regional Secretaryfor UCATT’s Wales and South WestRegion, said: “These workers havebeen treated with contempt. Therules are clear: companies whichtake on contracts should be obligedto employ the same number ofworkers on the same terms. Yetmany of the new contractors havesimply ignored the legislation. Ifthe companies will not co-operatewe will not hesitate in taking legalaction in support of our members.”

UCATT is also angry at the treat-ment of many of the workers afterthe administrators were called in.Some were locked in depots whilethe company organised the returnof mobile phones and vehicles.

Families Against Corporate Killers(FACK) has blasted the sentencesproposed for organisations whichnegligently kill workers or others bycorporate manslaughter or breachesof Health and Safety at Work Act.

FACK, which brings togetherfamilies bereaved by workplace acci-dents, says the guidelines publishedby the Government’s SentencingGuidelines Council and effectivefrom 15 February, are “inadequateto be effective deterrents”.

In particular, the failure to linkfines to company turnover is illogi-cal, FACK adds, and will allow largecompanies and transnational corpo-rations to continue to get away withcriminal behaviour.

Echoing UCATT sentiments, aFACK spokesperson said: “There is amisapprehension that killing some-one at work is not a real crime, thatorganisations that kill workersthrough their negligent misman-agement of work activities aresomehow not ‘real criminals’ andso the penalties inflicted uponthem need not be too severe.”

Financial crimes such as fraud oranti-competitive acts can be pun-ished by severe penalties, includingimprisonment of individuals andfines of up to 10 per cent of corpo-rate turnover, FACK points out.

The campaign group says the sug-gested maximum fines of £500,000for corporate manslaughter or£100,000 for offences under theHealth and Safety at Work at Act failto provide an effective deterrent.

The TUC also expressed regretthat the guidelines had moved awayfrom an earlier recommendationthat they be based on a company’sturnover. Health and safety officerHugh Robertson said: “While theproposals mean that many fines willbe higher than at present, manyunions will still be disappointedthat these fines will be a drop in theocean for some big companies. Inaddition we are disappointed thatthe guidelines did not take theopportunity to remind courts thatthey should consider disqualifica-tion of directors in all cases where adeath has occurred.”

UCATThaswonamajor employment tribunal caseworth£1.5milliononbehalf of former employeesat formerHull-based caravan companyAtlasHolidayHomes.The case involved333workerswho lost their jobswhenthe companywent into administration.

Theywere forced to seek compensation via anemployment tribunalbecause,when theyweremade redundant inDecember 2008, theywerenot givena90-day redundancy consultationperiod–as the companywasrequired todosoby law.

Commentingon the tribunal’s decisiondeliveredat theendof January,DaveOglesby, theUCATT full-timeofficial forHull, said: “It’s beenagreatvictory for us in termsof getting justice for ourmembers anddemonstratesthebenefit of beinga tradeunionmember.”

Theworkers involvedareentitled toa total of nearly£4,550each.However, as the company is in administration, theworkerswill initially beable to claimamaximumof eightweeks’compensationworth£2,800 fromaGovernment-funded scheme.

Pay-outfor300sackedHullcaravanworkers

TRENCHHORROR:ACambridgeshiregroundworkcontractorwasfined£3,500plus£2,000costsatCambridgeMagistratesCourtinMarchafteraworkerwasburiedaliveinthisexcavationcollapse.TheHealthandSafetyExecutiveprosecutedAnthonyJohnMelvynHill,58,ofSawston,forbreachingtheHealthandSafetyatWorkAct1974andtheConstruction(DesignandManagement)Regulations2007.TheaccidenttookplaceinOctober2007atPennyFarm,nearBrinkleyinEastCambridgeshire.WhileoneofHill’semployeeswasinthetrench,thesidescollapsed,buryinghimcompletely.HewasrescuedbyotherworkersandtheSuffolkemergencyservices.Luckily,hesufferedonlyabrokenlegandbruising.

“Thereisamisapprehensionthatorganisationsthatkillworkersare

somehownot‘realcriminals’andsothepenaltiesinflicteduponthemneednotbetoosevere.”

UCATTBuildingWorker�Spring2010�7

ByALAN RITCHIEUCATTGeneralSecretary

Ihavenohesitation inurgingUCATTmembers tovote for thereturnofaLabourGovernmentat thegeneralelection.Under

GordonBrown’s leadership,Labourhasdonemuchtohelpconstructionworkersandworkingpeople ingeneral.Thatdoesn’tmean that the

Government isperfect. Far fromit. Likemuchof the country I toowant “change”–butnot a returnto thedisastrous anddestructiveConservativesGovernmentsofthepast.Iwant aLabourGovernment to

changemanyof its policies,especiallywhen it comes toprivatisationandothermeasuresthat toooftenput the interests ofbusiness aheadofworkers.Theonly changewe’dget from

DavidCameron’sConservativeswouldbe savageattackson thepublic sector andonworkers’rights andmorepolicies to favourthe richandprivileged.Lookat the list ofUCATT

successesunder Labourandaskyourself…Howmanyof themeasureswouldhavebeenintroducedby theTories?Theanswer is none.So let’s returnaLabour

GovernmentandallowGordonBrownto finish the jobofsteeringBritainoutof theinternational economicrecession.UCATTwill thenbeable to

press Labour to continue takingaction tobenefit ourmembers.Wehavemuchwork todo–but

the taskwill bea lot easier underLabour thanunder theConservatives. Please rememberthatwhenyougo into thepollingboothsonelectionday.

Successes for UCATT under

Gordon Brown’s LabourGovernment

� Statutory paid leave increased from 20 to 28 days

� More help and compensation for asbestos victims

� Donaghy inquiry into construction deaths and injuries

� Nearly all the inquiry’s recommendations accepted

� Clampdown on bogus self-employment

� More funds for council housebuilding

� 7,000 more construction apprenticeships

� Official recognitionof Workers’ Memorial Day

� Statutory crane register

� Government contracts now insist on apprenticeships

� New Corporate Manslaughter Act

� National minimum wage rises to £5.93 in October

� Scheme to compensate uninsured injured workers

� More investment in new schools and hospitals

UCATT’s ongoing campaigns Extend Gangmasters Licensing Act to construction Compensation for pleural plaque sufferers Statutory duties on directors for workplace safety Tougher penalties for corporate killing Comprehensive ban on blacklistingReasonable prospects of success:Under Labour �Under Conservatives �

KeeptheTorywreckersout

Generalelection

Conservativecuts‘willcostlivesofworkers’

8�UCATTBuildingWorker�Spring2010

UCATT’sNorthWestRegion iscallingontheConservativestorethinktheirplans toprivatiseconstructionsafety(seedetailsbelow).Thisfollowsablitzof sites in theManchesterarea inMarch,whichrevealedthatoveronequarterof themwereunsafe.GeorgeGuy,UCATT’s

NorthWestRegionalSecretary, said:“Thefact thatsomanyconstructionsites

weredeemedunsafedemonstrates justwhatadangerousnonsensetheConservativeplansare.”Hewenton:“If theTories

hadtheirway, rather thanbeingable tocheckthatsitesweresafeorclosethemdownif theyweredangerous, theHealthandSafetyExecutive(HSE)wouldbebannedfromsettingfootonthemunless

anaccidentoccurredandaworkerwasmaimedorkilled.”TheHSE issuedatotalof56

enforcementnoticeson42constructionsites in itsManchesterblitz.Manyofthesiteswereconsideredsodangerousthatworkhadtobestopped immediately. Intotal theHSEvisited163sitesover twodays inManchester,SalfordandTrafford.

LessonsfromtheNorth

WestonToryDIY

safetyplan

Emergencyservices attend

an incidentwhere a

constructionworker fell fromscaffolding andwas seriouslyinjured. Torypolicies on

workplace safetyriskmore deathsand injuries onsites, UCATT is

warning.

Conservativeplans toprivatise safetyinspectionswill increase thenumberofdeathsandserious injuries sufferedbyconstructionworkers, saysUCATT.In therun-uptotheelection,Tory

leadershaveconfirmedthat they intendtopressaheadwithcontroversialplanstoallow large firmstoconductprivatesafetyauditsof their sites.Amazingly,onceacompanyobtains

oneof theseprivatesafetyaudits,HealthandSafetyExecutive (HSE) inspectorswouldbebarred fromenteringthesiteunless therewasanemergency.UCATThas respondedwithoutrage.

GeneralSecretaryAlanRitchie said:“Thisproves that theToriescannotbetrustedwithworkers’ safety. Ifimplementedthiswill effectivelyendindependentsafety inspectionsandwillleadtoagreaternumberofworkersbeingmaimedandkilledatwork.”Under theproposalswhichwere first

unveiledduring lastyear’sConservativeconference inadocument titled“Regulation in thePostBureaucraticAge”, companies judgedtobe“lowrisk”couldcommissionaprivatesafetyauditwhichwouldbarall their sites frombeingvisitedby inspectors.InMarchthisyear, inan interview in

ConstructionNews,Conservative

business spokesperson JohnPenrosemadeclearhisparty’sdeterminationtoimplement theplans.Ritchieadded:“The ignoranceand

thestupidityof theConservatives isstaggering.Safetyonconstructionsites,wheremanydifferentcompaniesareworkingatanyonetime, canchangerapidly.Under theseplans, ifworkershadsafetyconcerns, theHSEwouldbepreventedfromactinguntil anaccidentoccurred.But theHSE’s role shouldbeprimarilyaboutpreventingaccidentsbefore theyoccur.”Headded:“Constructiondeathsare

all too frequentandtheyoccuronsitesrunbyboth largeandsmall firms.Toban inspectionsonsites runbysome

companies isnotgoingtomaketheindustry safer.”TheConservatives’proposals fly in

the faceof theGovernment-commissionedreportbyRitaDonaghyintoconstructionsafety.Published inJuly2009, thereport specificallyopposedsocalled“self-regulation”.Instead iturgedan increase inHSEinspectors, especially inLondon.Thoughthenumberofconstruction

workerskilled lastyear (toApril 2009)was lower than in thepreviousyear (54comparedwith72), thiswasprimarilydueto lower levelsof constructionactivitycausedbytheeconomicdown-turn.ConstructionremainsBritain’smostdangerousmajor industry.

John

Callan/repo

rtdigital.co.uk

UCATTBuildingWorker�Spring2010�9

Conservativesuccessatthepollswouldhitbuildingworkers inthreeways,warnsUCATTGeneralSecretaryAlanRitchie.Itwouldhurtthemintheir

pockets,threatentheirpersonalsafetyanddamagetheirrightsatwork.Heexplains:“TheTories

wantalow-wageeconomy–exceptfortheirrichandpowerfulchumsofcourse.“Theyalsowanttorelax

andrepealworkplacesafetylegislation,therebymakingiteasierforunscrupulousbossestocutcornerswithoutregardforthewellbeingofworkers.“Finally,theToriesmake

nosecretoftheirwishtoplacemorecurbsontradeunions.Thiswouldmakeitharderforworkerstodefendtheirpayandrights.”

byMICHAELCLAPHAMMPChairoftheUCATTParliamentaryGroup

IhopeallUCATTmembershaveno illusionsaboutwhataConservativeGovernmentwouldbe like.TheTorieswilllookafter their richandpowerful friends.Workingpeoplewillhavetogotothebackof thequeueforanyfavoursandwillbeworseoffasaresult.But if Labour is reelected,

UCATT’sMPscancontinuetheworkofputtingthecaseforconstructionworkerswith

Governmentministers.Wehavehadmanysuccessesoverthepastfiveyears–thoughkeybattlesstillremaintobefought.Moreachievementsare

onlypossiblewithaGovernmentthat listens toandunderstandstheconcernsofordinarypeople.ThatmeansaLabourGovernment.AlthoughIwillbestanding

downatthegeneralelection, Ishall continuemyworkwiththetradeunionmovement. Iknowmycolleagues intheUCATTParliamentaryGroupwill keepupthegoodwork fortheunionand itsmembers inthecomingParliament.Maketheir taska loteasier

byreturningaLabourGovernmenttooffice.

Apartfromthequestionofwhodeemsthesesites“lowrisk,”thequestion

arisesastowhetheranyoftheTorytwitswhodreameduptheideahaveeverbeenonabuildingsite.Becauseiftheyhad,theywould

realisethattheverynatureofabuildingsitemeansthattheshape,sizeandvarietyoftherisks isconstantlychangingwiththeprogressoftheworkandeventheweather.Asiteatfirst lowriskcanchange

dramaticallyfromdaytoday,makingconstantsupervisionanecessityratherthananindulgence.And,asforsafetyinspectorsnothavingaccessexceptincaseofanemergency,thatamountstousingworkers' livesasanalarmbell.Inwhatfantasylandisshuttingthe

stabledoorafterthehorsehasboltedavalidhealthandsafetyphilosophy?Andhowmanyworkerswillhavetobemaimedordietoconstitutean“emergency?”Constructionisthe

mostdangerousindustryinBritain.Lastyear,54workersdiedatwork.Wecanillaffordtheretobemoresimplytoactasanwarningbell intheToryschemeofthings.”–Editorial intheMorningStarof18March2010

LetUCATTMPscarryonthegoodwork

TriplethreatfromTories

Left:Michael Clapham (holding “s”)with other LabourMPs in theUCATTParliamentaryGroup supportingUCATT’s campaign for justice for pleuralplaque sufferers.

MeetCameron’s‘Torytwits’�

Generalelection

Verdict on the Conservatives’ DIY safety inspection plan for ‘low risk’ sites

UCATT

2010election

campaignposter

Theyhaven’t changed

Remember theConservatives?

UnionofConstruction,AlliedTrades&Technicians

Dole queuesRecord levels of

joblessness – nearly 31⁄2million o

ut

ofwork underMargaretThatche

r.

BlackWednesday£27billion spen

t by Chancellor Norman Lamont in

1992 –whenDavid Cameronwas

his adviser – in a

vain attempt to prop up a sick pou

nd.

Trade unionsWeare “the ene

mywithin” according toMargare

t

Thatcher,who supported attacks

on theminers,

dockers, steelworkers, seafarer

s andprinters.

Poll taxTheunfair tax on

every individualthat brought rio

ts

to the streets ofBritain in 1991.

Interest ratesTheyhit a record

15 per cent under JohnMajor in th

e

1990s, resultingin hundreds of fi

rmsgoingbankrupt

and thousands of families losing

their homes.

Unemployment“That price iswo

rth paying” saidChancellor Norm

an

Lamont as tens of thousandswer

e thrownout ofwork

during the 1991recession.

…andmuch,muchmoreTheConservativ

es brought us theNorth-South

Divide,massiveprivatisation, an

ti-union laws,

contempt for Scottish andWelsh

devolution and the

credo that “there is no such thin

g as society”.

Letthembackinatyourperil!

VoteLabour

UCATTBuildingWorker�Spring2010�15

Legalbrief

byKENBROUGH,ofUCATT’sLondon-basedsolicitors,OHParsons

It is a sad indicator of the economic times we live inthat one of the most common types of claim we areasked to deal with by UCATT at the moment is redun-

dancy. No-one of course wants to be made redundant,and it is natural that in such a situation there will beresentment and the feeling that it is unfair. What isunfair from a moral and ethical point of view does notalways sit side by side with what the law – and specifi-cally an employment tribunal – deems to be unfair.

For that reason it is perhaps worth a timely reminderof what the tribunal will look at to establish whether aredundancy is “unfair” and therefore unlawful.

Firstly, is there a genuine redundancy situation? Thismeans that the need to employ people of a particularkind has ceased or diminished.

The fact that an employer decides to replace PAYE staffwith subcontractors does not in itself mean there is nota redundancy situation, if the employer can prove thereis an economically justifiable reason for switching fromemployed labour to CIS4. In any event, we would alwaysurge members to speak to their local official if they findthemselves in this position.

ConsiderationThe next consideration is whether the individual or

individuals have been fairly selected for redundancy.There is no magic formula for this, but the law has devel-oped sound principles which employers would normallybe expected to follow: the employer ought to give asmuch notice as possible to the union (if it is recognised);it should consult with the union on the best means of

achieving the outcome with as little hardship as possi-ble; it should seek to agree the selection criteria with theunion; those criteria should be such that they do not relysolely on subjective opinion; it should ensure selectioncarried out under the criteria is made fairly and considerrepresentations made by the union; and it should see ifthere is any possibility of redeployment.

The pool for selection ought to include all theemployees carrying out work of the kind that has ceasedor diminished.

MatrixAs for the criteria themselves (the “matrix” as popu-

larly-known), the tribunal will be looking for inclusionof qualities and factors that can be objectively measured– for example, attendance record, timekeeping, discipli-nary record etc.

It is worth pointing out that there is nothing inher-ently wrong with having at least some subjective judge-ment – for example “general attitude”; but, if theemployer has relied solely or mainly on such factors, itwill be much harder for them to show that the criteria –and by implication the entire process – was fair.

It is also worth pointing out that there is no set for-mula or matrix that every employer has to apply in casesof redundancy; the tribunal is looking in every case forobjective fairness, but it will not expect every employerto use the same matrix, since each employer places par-ticular importance on different factors, depending onthe nature of the business.

As with most things, much depends on the facts andthe evidence. If you are under threat of redundancy, youshould speak to your UCATT rep as soon as possible.See back cover advert and website: [www.ohparsons.co.uk].

Unfairlypickedforredundancy?Whenworkingwithacontractisa‘sham’

RecentcasessettledbyUCATT’slawyers�AWirralmemberwasworkingonscaffoldingwhenoneoftheboardsgaveway.Asaresultofhisfallhelosthisjobandwasunabletofindalternativework.Liabilitywasadmittedbythecompany’sinsurersbuttheyarguedabouttheamountofcompensation.Courtproceedingswerecommencedandthecasesettledoutofcourtfor£28,000.

�ANewcastleuponTynememberwasassistingintransportingawing-bingcagewhenacolleaguelostcontrolofitandheinjuredhisback.Companyinsurersadmittedresponsibilitybutwouldnotputforwardareasonableoffer.Courtproceedingsbeganandtheclaimwassettledforjustover£35,500lesssocialsecuritybenefits.

�Anout-of-courtsettlementof£25,000wasnegotiatedforaSkelmersdalegroundworkerwhowasshovellingtarmacintoapileonthebackofatruckwhenhelosthisfootingandfellfromthe

truck,injuringhisfootandback.Thetruckshouldhavehadbarsaroundittopreventthis.Theemployersacceptedliabilityinfull.

�AmemberfromStokeworkingasagasengineerwasaskedtofitacombinationboileratacouncilproperty.Onseveraloccasionshehadtoldhissupervisorthathehadnotbeensuppliedwithadrill.Hehadtoborrowonefromacontractorwhoworkedforhisemployer.Ashewasdrillingthroughawall,thedrillsuddenly“locked”andcontinuedtospinduetoadefect,causinghimtobreaktwofingersandsufferaspiralfracturetoafinger.Hisemployeradmittedliability.Themedicalevidencesuggestedhewouldcontinuetohavedifficultiesdoingheavierwork.Afternegotiationthematterwassettledforthesumof£43,500.

�AbricklayerfromBarnsleywastoldtocutsometinroofsheetingwithaStihlsaw.Ashedidthisthebladekeptsnaggingandthetinroofflickedupandcausedalacerationtohisforearm.His

employerdeniedresponsibilityandarguedthatthememberhad20yearsofexperienceusingsuchasaw.UCATT’ssolicitorsarguedthatthememberhadneverbeentrainedinitsuse.Hadhebeentrainedhewouldhaveknowntoaskforassistancewhenthematerialwasnotcuttingproperly.TheyalsoarguedthatuseofaStihlsawextendedtocuttingconcreteandbrickworkandnothinglikeatinroof,whichwasflexibleandmovingwhilehewascuttingit.Thecasewenttotrialandthejudgeacceptedtheunion’scaseandorderedthecompanytopay£3,250.

� InScotland…–ALanarkshirepainterwon£225,000incompensationwhenhefellfromaladderandsufferedmultipleinjurieswhenworkingatexcessiveheight–AFifeplastererobtained£20,000whenhesufferedapartialamputationofafingerinfectedatworkbycontaminatedworkmaterials–AGlasgowceilingfixerwon£5,000forhearinglosscausedbyyearsofworkingwithnoisynailgunsandothertools.

byGORDONBELL,ofUCATT’sScottishsolicitors,DallasMcMillan

In the last issue I outlined someof the factors used to deter-mine whether a member is

self-employed (with no employ-ment law rights) or a “worker”(with a number of employmentlaw rights such as the right topaid annual leave from theiremployer).There has, however, been a

recent pair of Court of Appealjudgments which may well pro-vide some assistance when argu-ing that a contract is a “sham”and does not reflect the truenature of the employment rela-tionship. In the two cases (Protec-tacoat Firthglow Limited –v– Szi-lagyi and Autoclenz Limited –v–Belcher & Others) the Court ofAppeal held that, for a contractto be seen as a “sham”, there doesnot need to have been an inten-tion of both parties to deceiveothers (a very tough test to sat-isfy). Instead the court or tri-bunal can consider whether thecontract truly reflected the par-ties’ intentions or expectations. Ifthe written contract does notreflect the reality of the situation,the court or tribunal can find aparty to have a different employ-ment status than that which thewritten contract terms provide.These court decisions recog-

nise the unequal bargainingpower in employment relation-ships and that workers oftenhave little or no choice but tosign written contracts to obtainwork. These decisionswill be use-ful in the future. However, theadvice still has to be that mem-bers should be very cautiousbefore signing written work con-tracts and should if at all possibleavoid signing up to a contractwhich states or strongly impliesthey are self-employed, if theyare in fact an employee orworkerinstead.Dallas McMillan provides UCATTmembers and families in Scotlandwith a wide range of legal services.Contact Gordon Bell or colleaguesDavid McElroy and Matt Leckie onfreephone 0800-652 7646. [www.dallasmcmillan.co.uk].

16�UCATTBuildingWorker�Spring2010

News PeteJenk

ins

Adviceline

From 6April this year therewill be changesmade to the sick note,ormedical statement that employees get from their doctor to cer-tify sickness absence. As a member of UCATT you should be

aware what these are and how they will impact on your workplace.For some time a sick note from your doctor simply stated whether

adoctor believed that aperson shouldor shouldnot be atwork. Itwassimple,with aperson signedoff as unfit forworkwith a sicknote. TheGovernment has decided, in the interests of helping people back towork and improving health in theworkplace, to bring in a newmed-ical statement thatwill indicate that aperson is eithernot fit forwork,or that they might be fit for work under certain circumstances.There will not be an option for the doctor to state that the person

is fit for work. In that case he/shewill simply not issue a newmedicalcertificate.As there is no requirement for the doctor to write anything other

than that the person is not fit work and for how long the person islikely to be off for, most cases will see no change in the informationthat is given in the statement. The basic purpose of themedical state-ment will still be the same and it will be used by employers as confir-mation of illness in claiming sick pay.UCATT has always argued that occupational health is about devel-

oping policies in the workplace to support good health amongemployees. We recognise that it is not always as simple as someonebeing fit or unfit for work. It can often be the case that a supportedgraduated return to work is the best option for those recovering from

long-term injury/illness. Wetherefore welcomed theprinciple behind thechanges that there shouldbegreater understanding andsupport for health issues.UCATT does, however,

have concerns about theimplementation of the newmedical statement as itmakes assumptions aboutlevels of knowledge amongGPs on particular indus-

tries. For example, there does not exist the same opportunity in con-struction to undertake light duties as in other industries and services,asmany jobs require workers to have high levels of physical fitness tocomplete tasks. It is questionable whether a return to work on a con-struction site to take part in some light activities would have a posi-tive impact upon the recovery of the person concerned from an ill-ness or injury sustained.UCATT is also deeply concerned that the majority of construction

companies, especially in the private sector, are not in a position tooffer graduated return towork or occupational health assessment andmembers could be forced back to work too soon without injuriesbeing allowed to heal. This often leads to the development chronicinjuries in later life, something that is already prevalent in buildingworkers. If anymember feels that this is happening then they shouldcontact their UCATT official immediately.It is critical that anyone having any problems with their employer

as a consequence of the new medical statement contacts a UCATTsteward, health and safety rep or regional organiser to ensure thatthey are given support and advice from UCATT officials.

This article is for your information but you should always seek the advice of anaccredited UCATT official or legal advice before pursuing any course of action toensure that your rights are fully enforced. See page 2 for contact details of yournearest regional office.

New‘fitnote’scheme�Topical tips on an issue that has been raised on UCATT’s

0800-262 467 freephone adviceline for members.

“Itisquestionablewhetherareturn

toworkonaconstructionsitetotakepartinsomelightactivitieswouldhaveapositiveimpactupontherecoveryofthatperson.”

New anti-blacklisting regulations,which came into force on 2 March,ban employers from blacklistingworkers for “trade union activities”.

But UCATT officials are disap-pointed that the Government didnot widen the scope of activitiesprotected from blacklisting toinclude actions that would notstrictly be defined as “trade union”.

These would include, for exam-ple, unofficial industrial action tostop work because of safety fears ora refusal to undertake voluntaryovertime.

The union is concerned there-fore that some employers might tryto exploit this loophole in the lawand keep details on individualsinvolved in any such activities.

Construction bosses, UCATTnoted, lobbied the Government infavour of having the right to vetprospective employees “to weed outtrouble-makers, criminal elementsand other undesirable people”.

The union is also disappointedthat the regulations do not makeblacklisting a specific criminaloffence.

FailIn addition, the Employment

Relations Act 1999 (Blacklists) Reg-ulations 2009 fail to grant an auto-matic right to compensation forany worker who finds out that theyhave been blacklisted. Nor, if ablacklist is discovered, will workers

be automatically told that theirname and details appear on it.

UCATT General Secretary AlanRitchie said: “Cynical constructionemployers will recognise the weak-ness of the regulations and couldcontinue to blacklist workers.”

He added: “But UCATT willcarry on campaigning to have theregulations overhauled so thatthey can be truly effective inkilling off this despicable practiceonce and for all.”

IntendedThe Government had originally

intended to outlaw blacklisting inthe 1999 Employment RelationsAct. However, the necessary regula-tions were never introduced, as itwas claimed that there was not anyconcrete evidence that blacklistingwas still taking place.

In March 2009 it was revealed fol-lowing an investigation by a news-paper and the Information Com-missioners’ Office that a companycalled the Consulting Associationwas operating a blacklist in the con-struction industry. Over 40 majorconstruction companies were usingthe blacklist, which contained infor-mation on more than 3,000 con-struction workers.

In July 2009 Ian Kerr, who ranthe Consulting Association with anannual turnover in excess of£100,000, was fined just £5,000 fordata protection offences.

Regulationsoutlawblacklistingfor‘tradeunionactivities’

NEXT ISSUE: InournextBuildingWorkertherewillbeafullreportfromtheUCATTnationalDelegateConferencetobeheldinJerseyfrom17to21May.TheNDCistheunion’s“parliament”,bringingtogetherrank-and-filedelegatesfromalltheregionstodebateanddecideUCATT’spoliciesandactivitiesforthenexttwoyears.

Newunitwillhelp‘vulnerable’buildingworkersUCATT’snewVulnerableWorkers’Unitaimstogivehelptoconstructionworkersfacingexploitationorforcedtoworkindangerouscircumstances.

Thetwo-yearproject–whichwaslaunchedinFebruary–willbebasedinDerby,butitsworkwillcoverthewholeofthecountry.

It isdesignedtohelpallvulnerableconstructionworkers,notjustUCATTmembers.Theprioritiesaretohelpgroupswhoareparticularlyvulnerable, includingyoungworkersandapprentices,agencyworkers,migrantworkersandworkerscomingintocontactwithasbestos.

Theunitcurrentlyhastwomembersofstaff,Neil

RaynerandMelindaRoberts.Theywillbeprovidingadvicetovulnerableworkersandorganisingtrainingandpublicityforaffectedgroups.InformationwillbedistributedviaUCATTofficials,otherpartnerorganisationsandthirdsectororganisationswhichalreadyhavelinkswithvulnerableworkers.

WhileUCATTwillbeleadingtheinitiative,anumberoforganisationsonthesteeringcommitteehavealreadypledgedtheirsupportandwillbeofferingactiveassistance.TheyincludetheHealthandSafetyExecutive,CitizensAdvice,JobcentrePlus,ManchesterUniversityBusinessSchool,CommunityLinks,HMRC,Wigan&LeighCollege,LewishamCollegeandOH

Parsonssolicitors.TheprojecthasbeenmadepossibleduetojointfundingbytheGovernment’sDepartmentforBusiness,InnovationandSkillsviatheUnionModernisationFund.

UCATTGeneralSecretaryAlanRitchiecommented:“Constructionisahighlycasualisedindustryanditsverynaturemeansthatmanyworkersarevulnerableeithertopooremploymentconditions,lowpayorinjury.ThenewVulnerableWorkersProjectwillbeauniqueresourceinprovidinghelpandassistancetoworkerswhentheymostneedit.”�ContacttheUCATTVulnerableWorkers’Uniton01332-294189;email: [info.uvwu@ucatt.org.uk].

Neil Rayner andMelindaRoberts (secondand third from left) of theUCATTVulnerableWorkers’Unitwith Jeff Hopewell (left) of UCATTTraining and (from right) UCATTProjectWorker Steve Craig andMidlandsRegional Secretary SteveMurphy.

UCATT has welcomed the Govern-ment’s decision to formally recog-nise Workers’ Memorial Day. Butthe union insists that this is onlyone important step forward andthat it will continue to campaign forthe day – 28 April each year – tobecome a bank holiday.

Recent years have seen anincreasing number of marches, ral-lies, commemorative ceremoniesand workplace meetings to markWorkers’ Memorial Day.

Responding to the Government’sannouncement in January, UCATTGeneral Secretary Alan Ritchie said:“The decision represents realprogress in our long campaign toestablish Workers’ Memorial Day asa bank holiday in order to ensurethat all workers have an opportu-nity to remember their friends andcolleagues who have been killed orinjured at work.”

Construction is Britain’s mostdangerous major industry. Last yearthere were 53 construction workerskilled at work (out of a total of 180).Over 27,000 suffered major injuryin all industries and around 8,000each year die from occupationalcancers and lung diseases.

In 2009 the Government issued aconsultation on whether to for-

mally recognise Workers’ MemorialDay. As well as calling for the day tobecome a public holiday, the unionalso urged the Government toencourage all workplaces to hold aminute’s silence.

Announcing the Government’sdecision, Work and Pensions Secre-tary Yvette Cooper said: “The UKwill join countries across the globein remembrance of all those killed atwork and for the families they haveleft behind and the many more whohave been harmed. It is also a spurto greater efforts to improve healthand safety for today’s and tomor-row’s working population.”

Fatalities inScotlandThe Government’s announcementcame on the same day that two con-struction workers in Scotland werekilled in separate incidents. Bothmen were undertaking paint-ing/blasting duties on rail bridges –one of them the Tay Bridge – andinvolved falls from height.

Harry Frew, UCATT ScottishRegional Secretary, said: “These acci-dents demonstrate just how danger-ous construction remains.” Therewere 10 construction deaths in Scot-land in 2008/9 – the second highestnumber of deaths after London’s 11.

Workers’MemorialDay:nowit’sofficial

18�UCATTBuildingWorker�Spring2010

Inbrief

UnionangeratlegalchallengeinScotland

EUROPEANCAMPAIGN:TheEuropeanFederationofBuildingandWoodworkers(EFBWW)hasproducedthisposterinallmajorEuropeanlanguagesaspartofitscampaign,whichwaslaunchedinMarch,fortheeradicationofallasbestos.“EventhoughEuropehasageneralbanofasbestosandasbestos-containingproducts,thisdeathlysubstanceisstillpresentinourdailylives,inpublicandprivatebuildings,inpublictransportationsystemsandinproductsofourdailylife,”saystheBrussels-basedEFBWW.TheaimistomakeEuropeasbestos-freeby2023.Campaigningwillfocus

ontheneedforacomprehensiveregistration,safeworkingconditions,thetrainingofworkersandontherecognitionofasbestos-relateddiseasesandcompensationofasbestosvictims.TheEFBWW–towhichUCATTisaffiliated–haspreparedanactionplantobackupthecampaign.

CouncilhousebuildingboostUCATT has welcomed the Govern-ment’s latest announcement inJanuary that it is providing an addi-tional £122.6 million to build morecouncil housing. The new fundingwill be shared between 73 councilsand will help build 4,000 afford-able and energy-efficient homesand create 7,500 new jobs – includ-ing 100 apprenticeships. All coun-cils receiving the funding will beexpected to provide apprentice-ships and local job recruitmentschemes.

Craneregister inforceThe new law to establish a statu-tory registration scheme for towercranes came into force on 6 April.The regulations were developedby the Health and Safety Executive(HSE) after a campaign by UCATTand safety groups amid increasingconcern about crane safety, witheight people killed and moreinjured in incidents involvingtower cranes since 2000.

The new regulations place a“duty to notify” the HSE on craneoperators, who will have to supplythe site address and the name andaddress of the crane owners. Athorough examination of thecrane must also be carried out fol-lowing installation or re-installa-tion on a site before it can put intoservice.

Flintshiresell-offopposedUCATT and other local govern-ment unions are mounting a cam-paign to oppose plans by FlintshireCounty Council to sell off its hous-ing stock. Council chiefs intend toballot tenants on the issue later thisyear. The council currently has8,000 housing units and there areover 3,200 applicants on its hous-ing waiting list.

Unions are opposed to the move

as similar sell-offs elsewhere haveresulted in increased rents, cuts intenants rights and decreases inrepairs and improvements. RenDavies, UCATT regional official forNorth Wales, said: “The sell-off willbe bad news for existing tenantsand will be disastrous for familiesneeding a home in the future.”

UCATT has also written to WelshFirst Minister Carwyn Jones tomake its views known.

Minimumwagerisesto£5.93The hourly adult national mini-mum wage will rise from £5.80 to£5.93 in October this year, theGovernment announced inMarch. For 18-20-year-olds thehourly rate will be £4.92 (currently£4.83) and for 16-17-year-olds itwill be £3.64 (currently £3.57).Unions are especially pleased thatthe age of eligibility for the adultrate will fall from 22 to 21 fromOctober. This is a 20 per centincrease in the rate for 21-year-oldsand will benefit some 40,000 inminimum wage jobs.

ConcernoverScottishcutbacksThe Scottish government’s budgetfor the coming year will notaddress the challenges facing theconstruction industry, UCATT iswarning. The union has been espe-cially disappointed by the cancella-tion of the Glasgow airport rail linkproject and by the £253 million cutin the affordable housing budget.

Harry Frew, UCATT’s ScottishRegional Secretary, said: “Theknock-on effect from the economicslump in construction is being seenacross skills and training. Theintake of construction apprenticeshas dropped markedly, with some900 apprentices laid off despitewelcome government incentiveschemes for employers to keepapprentices.”

HELP FORKIDS:UCATTConvenerJonathan Davies(right)attheAthletesVillageonthe2012OlympicssiteineastLondonpresentsachequefor£1,610totheTimeandShinechildren’scharity.Themoneywasraisedbyaprizeraffleonsite.Pictured,fromleft,areDaveGarbutt(BovisLendLeaseLogisticsManager)andKevinBowsher(EqualityManageroftheOlympicDeliveryAuthority).TimetoShinetakesdisadvantagedanddisabledchildrenfromthefiveOlympichostboroughsintothecommunityforsportsdaysandotherevents. Therewere11prizesonoffer,includingticketstoChelseaandArsenalmatches,Playstation3,Wii,cutleryset,digitalcamera,drillsetandcanteenvouchers.

Insurers in Scotland are appeal-ing against a decision to allowlegislation giving victims ofasbestos-related pleural plaquesthe right to claim damages.In January a Scottish judge

rejected a bid to invalidate theDamages (Asbestos-related Con-ditions) (Scotland) Act, whichcame into force last year and per-mits individuals north of the bor-der who are diagnosed withpleural plaques tomake compen-sation claims.

GiantsInsurance giants Aviva, AXA,

RSA and Zurich, who broughtthe legal challenge, say the Scot-tish law is “flawed”.UCATT said that it was “dis-

gusted” at the appeal. UnionGeneral Secretary Alan Ritchie

said: “These actions prove thatthe insurance industry has noshame. This is a cynical actiondesigned to try to block compen-sation. It is not about principle –it is all about money.”UCATT’s Glasgow-based solici-

tor Gordon Bell told BuildingWorker that the appeal was nowexpected to be heard in July. Awritten judgment would beissued later in the year.Bell added that in the mean-

time pleural plaque claims wereon hold. However, claims muststill be presented within astrictly-calculated three-yeartime limit, as laid down by law.“Members diagnosed as sufferingfrom pleural plaques shouldtherefore continue to submitlegal aid schedules in order thatthe claims can be assessed.”

UCATTBuildingWorker�Spring2010�19

UCATT has expressed disappointment that the Govern-ment has refused to reinstate in law the right to claimcompensation for being diagnosed with pleural plaques– scarring of the lungs induced by exposure to asbestos.

Since October 2007,when the Law Lords scrapped theentitlement to compensation, the union has been cam-paigning to have the right to be compensated restored.

But Justice Secretary Jack Straw confirmed at the endof February that the Government would only compen-sate – through an ex-gratia payment of £5,000 – thosepleural plaques victims who had lodged a legal case priorto a Law Lords’ controversial ruling.

This means that the majority of pleural plaque suffer-ers in England and Wales will not receive compensation.People with the condition are at a far higher risk ofdeveloping asbestos-related cancers.

The Government’s decision is in stark contrast to thesituation in Scotland, where the Scottish Parliament hasalready legislated to overturn the Law Lords decision.Ministers in the Northern Ireland Assembly have alsopledged to overturn the ban on compensation.

UCATT General Secretary Alan Ritchie said that theunion would continue the quest for for justice. “TheGovernment’s decision is disappointing, as most pleuralplaque victims are being abandoned. But UCATT willnot abandon them. Our campaign will carry on.”

He said: “It is simply wrong that an accident ofgeography will mean that pleural plaques victims inEngland and Wales will be barred from receiving com-pensation but those in Scotland will be free to claim fullcompensation.”

However, to soften the blow over pleural plaques, theGovernment has simultaneously unveiled several wel-come separate initiatives on matters concerning asbestos.

Straw announced that the Government would:� co-fund a National Centre for Asbestos-Related Disease,

� establish a register for workers exposed to asbestos,� speed up compensation claims and increase up-frontpayments for victims of mesothelioma – the lung cancercaused by exposure to asbestos.

The Justice Secretary went on to renew the Govern-ment’s commitment to establish an Employment Liabil-ity Insurance Bureau and a tracing service to assistasbestos victims track down their employer’s insuranceliability policies.

In addition, the Government said it would expandresearch on asbestos diseases, adding its support to £3million funding to be provided by insurance companies.It is estimated that the insurance industry – which lob-bied strongly for the ban on compensation to remain inplace – will pocket some £1.4 billion as a result of theending of compensation.

The Government itself currently stands to save about£35 million a year by not having to pay compensationto its employees and former employees – for example atMinistry of Defence establishments where asbestos wascommonly used.

RejectedUCATT commented: “The union has championed

and campaigned for greater assistance for people withasbestos conditions for decades. While the Govern-ment’s announcements in these areas are extremely wel-come, they are separate from the issue of pleuralplaques.”

The union strongly disagrees with the Justice Secre-tary’s reliance on medical evidence provided by theChief Medical Officer and the Industrial Injuries Advi-sory Council (IIAC). The Chief Medical Officer’s Reportwas produced by Professor Robert Maynard, an expert inair pollution, who has admitted he did not met anypleural plaque victims.

The report produced by the IIAC was solely aboutwhether pleural plaques should become part of the Gov-ernment’s Industrial Injuries Compensation Schemeand specifically stated that it should not be “construed”as forming an opinion on the future of civil litigation inpleural plaque cases.

UniontofightonforpleuralplaquesjusticeJackStrawsaysnotocompensation

“TheGovernment’sdecisionis

disappointing,asmostpleuralplaquevictimsarebeingabandoned.ButUCATTwillnotabandonthem.Ourcampaignwillcarryon.”

Asbestos

THEBADNEWS�Thebanoncompensationforbeingdiagnosedwithpleuralplaqueswillremain.OnlythosewholodgedaclaimbeforeOctober2007willreceivealumpsumpaymentof£5,000.

THEGOODNEWSTheGovernmenthasannounced:�WorktowardsthecreationofanEmployersLiabilityTracingOfficetohelppeoplewhodevelopanasbestos-relateddiseasetotracetherelevantinsurerandobtainfullcompensation.�AconsultationonthecreationofanEmployers’LiabilityInsuranceBureau,whichwillactasafundoflastresortforsufferersofasbestos-relatedandotherdiseaseswhocannottracetheinsurancerecordsneededtogaincompensation.�Increasedup-frontpaymentsformesotheliomasufferersandtheirdependents.Lumpsumpaymentsfromthe2008MesotheliomaSchemewillincreasebyaround40percentfromApril.Suffererscurrentlyreceiveaminimumpaymentof£8,197fromthescheme.Thiswillriseto£11,678inApril.Themaximumpaymentwillrisefrom£52,772to£75,176.�Paymentstothefamilyofsomeonewhodiesofmesotheliomaandotherdust-relateddiseaseswillalsoreceiveanincreaseofupto£5,000.�Thesetting-upofaNationalCentreforAsbestos-RelatedDiseasetoresearchasbestos-inducedillnesses.�Actiontoexamineandstreamlinelitigationpracticesandprocedurestospeedupclaimsrelatingtomesothelioma.

Alan Ritchie, UCATT General Secretary

Andrew

Wiard

The Swedish Labour Court has delivered its finaljudgment in the Laval case, sentencing theSwedish construction union Byggnads to paydamages and legal costs of €250,000.

The European Federation of Building andWoodworkers (EFBWW) calls the ruling “remark-able”, since the same court five years ago pro-nounced the Laval dispute as lawful according toSwedish legislation.

The EFBWW adds that the judgment of thecourt – which was delivered in December – has tobe seen in the context of proposals recently putforward by the Swedish government for new leg-islation following the Laval judgment by theEuropean Court of Justice in December 2007.

The draft new law would restrict the right ofunions to take industrial action about the work-ing conditions of “posted” workers (workers fromother European Union countries) – other thannational minimum conditions.

The Laval case centred on a group of Latvianworkers employed on contracts with inferiorterms and conditions than those applying toSwedish construction workers. The Swedishunions therefore picketed and boycotted theLaval site, demanding that the Latvians be paidthe same as Swedes.

The dispute flared in November 2004 in Vax-holm, a town just outside Stockholm, where theLatvian firm Laval Un Partneri won a contract torenovate a school. Byggnads tried in vain to nego-tiate an agreement on pay and conditions for theLatvians.

In December 2007 the European Court of Jus-tice said the dispute breached EU rules.

The Swedish union is now demanding that thebill currently before parliament should go to theSwedish constitutional court to see whether it iscompatible with the Swedish constitution. Theunion also suspects it might breach the EuropeanConvention of Human Rights, along with the EUCharter of Fundamental Rights and InternationalLabour Organisation conventions.

The EFBWW fears that the judgment of theSwedish court may also have potentially seriousconsequences on the right to strike at EU level.This is because collective action that is lawfulaccording to national legislation in a member

state may now be pronounced unlawful accord-ing to EU law and thus liable to damages.

European construction unions therfore wantchanged European legislation, respecting funda-mental union rights, restoring the right to strikefor posted workers and allowing unions andmember states to demand equal treatment forposted workers.

EurounionsdefendsafetylawsThe European Federation of Building and Wood-workers (EFBWW) has denounced EuropeanCommission (EC) proposals for health and safetyderegulation.

The EC’s October 2009 action programme,which forms part of a European Union “BetterRegulation” push, calls for certain firms to beexempted from core health and safety require-ments.

In a position paper agreed in January, theEFBWW states: “Exemptions to certain occupa-tional health and safety obligations… would leadto a higher incidence of accidents and higher riskof diseases, not only adding to human sufferingbut also increasing the resulting costs.”

The trade union federation is particularly con-cerned about the Commission’s proposal toexempt small firms in certain sectors from arequirement to draw up a risk assessment docu-ment. The EFBWW says 39 per cent of fatal acci-dents due to falls occur in firms with fewer than10 workers.

The Commission’s Better Regulation group,chaired by German Conservative EdmundStoiber, has taken a resolutely pro-business lineand claims that nearly 90 per cent of the timespent by employers collecting and processinghealth and safety information constitutes an“administrative burden”.

According the European trade union safetyresearch body HESA, which believes thebusiness lobby is dominating the EC policy-mak-ing process: “This opinion incorporates as suchcalculations made by a consortium ofprivate consultants steered by Deloitte. This con-sortium was paid €17 million from the Commis-sion for its work, as acknowledged by IndustryCommissioner, Günther Verheugen.”

Melanomawidow’scampaignA record six-figure payout has been given to anAustralian widow after her construction workerhusband died at 43 from skin cancer. The familyof Rohan Crotty – his 39 year-old wife Jo-Anneand four sons aged five and under – have been leftin mourning following his death in July last yearwithin two years of being diagnosed withmelanoma.

Rohan was a carpenter and plasterer by trade,but in the last years of his life became a CFMEUunion organiser, helping to campaign for sunawareness programmes on building sites.

While he was receiving treatment in Mel-bourne towards the end of his life, fellow CFMEUofficials and workmates came to his home fixingwalls, fences, painting and building the boys afort in the backyard.

His widow said: “I don’t think enough is being

done for sun awareness. I would like to carry onhis legacy by organising a campaign bus that goesaround to work sites and spreads the messageabout UV protection.”

CFMEU workplace health and safety managerAndrew Ramsay said the WorkCover payout wasa landmark decision because there had been fewsettlements of this magnitude for melanoma inQueensland.

“There is a real difference in the approachesbetween the civil construction and the buildingconstruction industries,” Ramsay added. “Theguys who work on the roads wear long sleevesand heaps of protection but that is not happen-ing so much on the building sites. We are tryingto change this and what befell Rohan highlightsthe urgency with which this needs to happen.”

USunion’sshocktacticsA New York union branch has found a novel wayof highlighting the dangers of asbestos as well asthe importance of unionisation in protecting thesafety both of workers and the public against thedeadly substance.

The union has deposited a shiny brown coffinoutside the Broadway offices of a company that isusing non-unionised workers to remove asbestos.

David Vila of the local branch of the Asbestos,Lead & Hazardous Waste Labourers’ Union saidthe coffin should remind onlookers of the work-ers’ need to feed their families.

The union says that it has three such coffinsand that they have been used in protests in NewYork, New Jersey and Long Island over the pastfew years.

The union’s New York director of organisation,Eli Kent, said that the casket makes an importantstatement that non-union workers often lack thebenefits and protections that organised workersget, but that it also made an important pointabout safety.

He told a local newspaper “The point of this isto draw attention to the fact that asbestos kills. Ifsome people get uncomfortable, but we can savepeople’s lives, we think that’s worth it.”

SwedishunionfinedoverLavalcheaplabourdispute

International

HOMICIDECHARGE:ANewYorkcourthaschargedcraneownerJamesLommaandhisNewYorkCraneandEquipmentCorporationwithcriminallynegligenthomicide,assaultandmanslaughterasaresultofatowercranecollapseinManhattan(above)inMay2008thatkilledtwoworkers.ThecourthearinginMarchsetLomma’sbailat$100,000.

Demonstrationin2004infavouroftheSwedishconstructionworkers’uniondisputewithLatviancontractorLaval.

UCATTBuildingWorker�Spring2010�21

byJANPOST

Philip Qualie is a joiner work-ing for The Gentoo Group(the building services depart-

ment of Sunderland City Council).His job involves travelling aroundproperties owned by the councilcarrying out repairs and renova-tions. As Philip has always beenpaid on PAYE he had never consid-ered whether he might be qualifiedto claim any refund on the tax thathe paid: as far as he was aware hewas not entitled to anything. How-ever, he then discovered that,because he used his own vehicle totravel around from one job toanother, he could claim a tax refundon his mileage expenses.

Unfortunately the paperwork hereceived from HM Revenue & Cus-toms was so complicated that hesimply didn’t have a clue how tobegin making a claim. Luckily for

him this was when Rift stepped into help. As a UCATT member Philiphas access to our expertise, and wehave helped thousands of workersjust like him to claim back moneythat they are entitled to. It was reallyeasy for him to claim using Rift; heonly had a little bit of paperwork tofill in and we did all the rest. As hehad never made a claim before wewere able to negotiate with the Rev-enue for the maximum time periodof six years and he was delighted toreceive a refund of £1,133.20. Need-less to say he has now recom-mended Rift to all his workmates.

Of course not everyone can makea claim for the full time periodallowed, and the amount of therefund will vary depending on dis-tance travelled as well as other fac-tors. But in these times of economicgloom a few hundred pounds canmake a big difference.

Graham Stewart is also a UCATT

member and he is a painter anddecorator working for DarlingtonBorough Council. He too uses hisown vehicle to travel around hisarea and, like Philip, he had no ideathat council workers could claimtax refunds. When someone toldhim about Rift, he contacted us tosee if he was eligible. We were able

to make a claim on his behalf –and he received a refund of £399.96.

These are just two examples ofthe many council workers that wehave acted for recently as more ofthem discover that it is not onlytheir colleagues in the private sectorwho are entitled to claim taxrefunds on their travelling expenses.Anybody who uses their own vehi-cle to travel from one temporaryworkplace to another and is paid onPAYE could qualify. It doesn’t matterif they are spending several monthson one building site or two hours ina single property.

There is also another group ofpeople who could be eligible toclaim tax refunds. These are workerswho have been made redundant orlaid of during the recession. Justbecause you do not have a job atthe moment does not mean thatyou cannot claim for the yearswhen you did work.If you think youmight qualify for a taxrefund why not give us a call on01233-628 648, or just text “Rift” to80010 and we will contact you.

Yourmoney

Refundsareforcouncilworkerstoo

ByBRIAN RYE,UCATTEasternRegionalSecretary

Over 500 young women attended a“Women into Construction” eventin Bedford in February and many ofthem visited the UCATT EasternRegion stand where they ques-tioned the UCATT officers aboutthe role of a trade union in con-struction.

Over 300 took part in the UCATTcompetition to win a free pair ofsafety glasses. A typical questionwas: “What would you use a spiritlevel for? a) seeing a ghost; b) mak-

ing sure something is level; c)checking for alcohol.

They also tried picking up a golfball with an excavator at theNational Construction Collegestand and carrying out surveyingwith a speed camera with BarnfieldCollege. They tried thatching andstone masonry and worked withPink Ladders, a decoration business.

But most importantly, they weremade aware that UCATT is workingto ensure that women haveemployment rights and equalopportunities to progress in theworkplace.

The purpose of the event was toencourage women into the con-struction industry by demonstrat-ing that no barriers should prevent

women from doing so. Prejudice isthe only barrier that allows the sit-uation where only 0.6 per cent ofall carpenters in London arewomen.

ConstructionSkills has an annualtarget of providing 3 per cent newentrant training in craft positionsfor women. This figure is not oftenachieved. Whilst there has been asignificant increase in the numberof women working in the industry,the actual proportion of them inthe craft and manual trades is stillshamefully low.

The event in Bedford was a seri-ous attempt at addressing thisimbalance for which Construction-Skills, who organised it, should becongratulated.

And when it was over, quite a fewwomen went away with thecoloured safety glasses they hadwon in the UCATT competition.

In attendance with me wereUCATT Eastern Regional Develop-ment Officer Sandra Wilson, KierHarlow convener Jim Gamble, KierHarlow apprentice Michaela Camp-bell and Karen King of the UCATTWomen’s Project.

Unionbacksmovestoattractmorewomenintoconstruction

“Becauseheused

hisownvehicletotravelaroundfromonejobtoanother,hecouldclaimataxrefundonhismileageexpenses.”

Equality

�InLondonjust0.6percentofcarpentersarewomen.

22�UCATTBuildingWorker�Spring2010

BILL JONES

Bill Jones, who died inJanuary, aged 80, was aleading UCATT mem-ber and rank-and-fileactivist in the NorthWest. He was theKirkby Branch Chair-man until his death,having joined theunion as an apprenticejoiner at the age of 16.

He served as a unionshop steward on sev-eral major sites andwas for 15 years theUCATT convener inthe Liverpool directworks department.

In 1977 he servedon the union’s GeneralCouncil and was theChairman of the

North West Region for 12 years.He was also the chairman of Knowsley Trades

Council for many years.Bill was a founder member of the Building

Workers’ Charter rank-and-file campaign groupand a member of its editorial board. In the 1972national building workers’ strike he headed theMerseyside strike committee.

In 2007 he received the Robert Tressell Memo-rial Award, named after the author of the classicsocialist novel “The Ragged Trousered Philan-thropists” depicting the plight of a group ofexploited building workers at the start of the 20thcentury.

Among the many people who paid tribute toBill following his death was TV comedy star RickyTomlinson, one of the jailed Shrewsbury Picketsfollowing the 1972 strike. “He [Bill] was veryactive in the campaign when we were on trial andwas very active for years and years,” recalled Tom-linson. “He was a good man, a good socialist, avery strong but quiet man. Bill had a wicked senseof humour and will be greatly missed.”

LOU LEWIS

Lou Lewis (pictured below), who died on 11 Jan-uary at the age of 71, was a leading figure in therank-and-file building workers’ movement in the1960s and 1970s who later rose to become ahighly effective and respected UCATT RegionalSecretary for the London & South East Region.

He joined the union as soon as he began hiscarpentry apprenticeship after leaving school.This was the mid 1950s, when union hierarchieswere often remote from their members and the“shop stewards’ revolution” of the followingdecade had yet to begin. So it was natural thatLou, with his militant and left-leaning instincts,should become a key player in the unofficial com-

mittees and group-ings that would soonbegin to emerge inconstruction.

Lou and the otheractivists sought bothto unite workersfrom different tradesand unions and topush union leader-ships into a moreconfrontat iona lapproach to indus-trial relations.

As the union con-vener at the Barbicansite in central Lon-

don, he put his credo into action and led severalso-called wildcat disputes, including a lengthystrike in 1967.

Being a joiner, Lewis was a member of theAmalgamated Society of Woodworkers, one ofthe unions that in 1971 joined forces to createUCATT. The merger was backed by the rank-and-file movement, as was the militant stance whichthe new union took towards the employers in thefollowing year. UCATT called a national strike insupport of its demand for a £30 a week basic andLou was one of those who ensured that the strikewas particularly effective in the London region.

Lou was a founder member of the BuildingWorkers’ Charter and a leading figure in the Liai-

son Committee for the Defence of Trade Unions.Both were strongly influenced by the CommunistParty, of which he was an active member. TheCharter pressed for action on many issues, such as“the lump” and the increasingly casualisednature of building worker employment, that werealso to be taken up by the union.

Following the 1972 strike, many of the key fig-ures in the dispute joined the mainstream unionmovement. Lou was one of these and he becamea full-time official in the London region and assuch was able to deploy the considerable negoti-ating and oratory skills that he had acquired as ahigh-profile shop steward in the service of theunion. He eventually retired in 2003, havingstepped down at the end of 2002 as the RegionalSecretary.

ALSOREMEMBERED…

David Hurst died on 25 December 2009 at theage of 63. A bricklayer, he joined the union in1969 and served as St Helens Branch Treasurer forthe past 20 years. He also served as the branch’sunofficial photographer and built up a large col-lection of photos depicting presentations andworks outings.

Charlie Jones, who served for many years asShotten Branch Secretary and was active in thewider labour movement for more than 50 years,died on 31 January at the age of 87.

Horace Swindell was a union member for 60years plus and a Branch Secretary of AlfretonBranch for more than 16 years. He was also aUCATT free card member. Born on 27 January1919, he left school at the age of 14 and began hisapprenticeship as a joiner.

Gerry Woolven, who was a full-time regionalofficial for the ASW (Amalgamated Society ofWoodworkers) and UCATT, based in Southamp-ton, until 1974, died in January at the age of 78.He was made an MBE for his services to the tradeunion movement.

Obituaries

Presentations

�EvertonBranchTreasurerTedSherman(centre)receiveshis40-yearcertificatefromNorthWestRegionalOrganiserJimWoods(thirdfromleft).AmongthosepresentwereBranchSecretaryJohnWinstanleyandBranchChairmanTerryEgan(firstandsecondfromleft)andGeneralCouncilmemberKenRoutledge(secondfromright).Anothermember,EddieThomas,receivedhis50-yearawardprivately.

�SidWoods(secondfromleft)withcolleaguesfromGlasgowNo.3Branchreceiveshis40-yearmembershipcertificate.

BillJonesispicturedaboveandtop(onright,inwhiteraincoat)ataShrewsburyPicketsprotestinthe1970swithDesWarrenandRickyTomlinson.

Contact you nearest UCATT regional office for details of events in your areaUnion of Construction, Allied Trades & Technicians

020-7622 2442www.ucatt.org.uk