[IER] IER Blacklisting Report: need for public inquiry & criminal sanctions for blacklisters

Fri Dec 15 16:24:35 GMT 2017

IER News Brief 15/12/17

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Christmas Special

news brief

Friday 15th December 2017

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A new blacklisting report launched by the IER has recommended a full public inquiry into the scandal and a change to the law, including the introduction of criminal sanctions for blacklisters.

It has been eight years since the Information Commissioner's Office (ICO) raid on The Consulting Association proved that 44 of the UK's largest construction companies had together conspired to lock thousands of workers out of employment for such acts as raising health and safety concerns or being a member of a trade union.

However, after workers were pressured into an out-of-court settlement, the people responsible for the blacklist have not been pressed to give evidence. As a result, the full truth has never been revealed, and strong evidence of undercover police involvement has never been properly investigated

In Blacklisting: the need for a public inquiry <https://ier.us12.list-manage.com/track/click?u=f121e48a8bb6d3101590c12d3&id=83b99d772a&e=71131c031b> , Secretary of the Blacklisting Support Group Dave Smith provides a thoughtful account of the barriers faced by thousands of blacklisted workers in accessing justice.

He emphasises that what blacklisted workers most want is for those responsible for the years of suffering they have endured to be held to account and calls for a full public inquiry to get to the bottom of this decades-long conspiracy.

The publication also includes a Manifesto Against Blacklisting in which employment law expert Alex Just recommends the framework for a new Blacklisting Act to replace the 2010 Blacklisting Regulations, which Smith describes as "toothless".

Among Just's proposals are: the introduction of criminal sanctions for blacklisters, including personal criminal liability for individuals who knowingly conspire against workers; compulsory training on blacklisting for HR directors and staff; the establishment of a new UK Data Court to hear both civil and criminal claims together, so that judges can hear all evidence pertaining to a case; a 10-year ban on holding a directorship for any person found guilty of blacklisting; a ban from public contracts for firms that illegally blacklist workers; and stronger powers for the ICO to investigate cases of suspected blacklisting.

Read the full press release <https://ier.us12.list-manage.com/track/click?u=f121e48a8bb6d3101590c12d3&id=f8b5403a2f&e=71131c031b> 
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This year has been a landmark one for employment law, with the issue of exploitative working practices reaching public consciousness through repeated scandals at “gig economy” and low-pay employers, prompting political inquiry into reform. At our popular annual employment law update, top lawyers, academics and trade unionists from across the UK meet to discuss the year’s developments in labour law and make proposals for the furthering and protection of workers’ rights. 

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 IER ANALYSIS: Canada Plus, Plus, Plus 

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	Read full article <https://ier.us12.list-manage.com/track/click?u=f121e48a8bb6d3101590c12d3&id=3f70a0ae43&e=71131c031b> 

Professor Keith Ewing and John Hendy QC offer an in-depth analysis into David Davis' proposed Canada Plus, Plus, Plus deal, explaining why the British people ought to respond to it with "revulsion".

Read full article <https://ier.us12.list-manage.com/track/click?u=f121e48a8bb6d3101590c12d3&id=55c0a1be8f&e=71131c031b> 

 FREE RESOURCES: Download papers from our Employment Law Update conference 

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Many thanks to all who attended out Employment Law Update in London last week. It was a jam-packed day, with experts engaging with a wide-range of topics from TUPE, health and safety, whistleblowing, redundancy, equality, and trade union rights. A full report of the day plus downloads for all papers and presentations is now available on the website.

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 FEATURED PUBLICATION: Europe, the EU and Britain: Workers' Rights and Economic Democracy 

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On 01 July 2017, labour movement leaders from across Europe met at the Marx Memorial Library, London, to discuss how a progressive future for workers’ rights can be sought following the UK’s vote to leave the EU. This report documents the meeting, including the transcripts of each presentation, as well as notes on the discussion between panel and delegates on the day.

Common themes emerged from the discussion, including evidence that neoliberal policies adopted by EU political structures have disempowered workers across the bloc; and that Labour's popular Manifesto For The Many, Not The Few cannot be enacted while the UK remains a member of the EU

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 IN CASE YOU MISSED IT: The Legacy of Thatcherism in European Labour Relations 

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	The Legacy of Thatcherism in European Labour Relations: The Impact of the Politics of Neo-Liberalism and Austerity on Collective Bargaining in a Fragmenting Europe <https://ier.us12.list-manage.com/track/click?u=f121e48a8bb6d3101590c12d3&id=76088ab770&e=71131c031b> 

As the UK prepares to leave the European Union, this analysis – the 11th in our Comparative Notes series – shines a light on the deleterious effect of the nation's deregulatory influence on the bloc. 

The authors outline their findings from a wide-ranging study of the seven member states most effected by interventions from supranational bodies during the financial crisis - Greece, Ireland, Italy, Portugal, Romania, Slovenia, and Spain. Under pressure to make reforms to labour law, these member states have seen their industrial relations structures eroded by neoliberalist ideologies emanating from the UK.

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As the UK prepares to leave the European Union, this analysis – the 11th in our Comparative Notes series – shines a light on the deleterious effect of the nation's deregulatory influence on the bloc.
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