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INSIDE: PPE • Park Adfer • Exposing exploitation Autumn 2018 The magazine for Unite construction sector members buildingWORKER Construction, Allied Trades and Technicians UniteUniteCarillion’s collapse liftinglifting – who is to blame? constructionconstruction standardsstandards Had an accident? FREE specialist legal support is just a call away With Unite you can BENEFIT from: • Recovering 100% of your If you have been personal injury compensation involved in an • Union funded legal accident at or representation for personal away from work, injury and employment cases our expert • Personal Injury claims for you solicitors are and your family here to help. Call 0800 709 007 ES/7143/12-15 www.unitetheunion.org www.unitelegalservices.org Autumn 2018 The magazine for Unite construction sector members Dear Colleagues, buildingWORKER Unite’s core reason for organising in construction is to improve standards and working conditions for members. Contents The poster at the centre of this issue sets out what 3 Gail Cartmail, assistant general those basic standards secretary, editorial should be, ensuring workers are paid fairly and work in safe conditions being the most important. Please 4 National news make every effort to pin the poster up at your workplace, so we can spread the message about what Unite strives to deliver 6 Local news for construction workers. 8 Pay and bargaining update An essential part of ensuring every workplace is safe is to make sure that you have the correct personal protective equipment 9 International news (PPE) and it fits correctly. On page 10 Unite’s national health and safety advisor Rob Miguel, details the laws on PPE and what should be worn and when. 10 Safety: The right PPE every time Unfortunately the casual, short-term nature of construction 12 Unite safety poster too often results in crooks and other unsavoury characters operating in our industry, who seek to profit by exploiting workers. UNITE ORGANISED CONSTRUCTION SITES DELIVER: The article by Roger Bannister the chief executive of the 1 A fair rate of pay Gangmasters Labour Abuse Authority (on page 14) details 2 Additional pay rates for how to spot signs of exploitation which can occur on sites overtime both large and small. It should be a must read for everyone, 3 A safe site we all have a duty to stamp out exploitation. Getting work 4 Excellent welfare facilities done on the cheap is only possible by undercutting union rates 5 Shop stewards and safety reps to allow workers to raise and unscrupulous employers will stop at nothing so we must issues and concerns be the eyes and ears of the industry. JOIN TODAY Construction, Allied Trades and Technicians www.unitetheunion.org I have mentioned Unite’s priority is to ensure that workers are www.unitetheunion.org @unitetheunion unitetheunion1 fairly paid and that is why the Park Adfer dispute (detailed on page 16) is so important. It is essential that our national 14 Cracking down on exploitation agreements, which ensure a level playing field are fully and properly applied. 16 Park Adfer and national agreement Finally, can I ask you ensure colleagues are receiving copies of 18 Miscarriages of justice buildingWORKER, which I am sure you agree is a unique resource for construction members. All construction members simply need to do is opt in to receive free copies, details of 20 Rift how to do so are on the back cover. Contact [email protected] if you would like to place 21 Legal page: asbestos bulk orders for workplace organising. 22 Unite recommends 23 Membership form Gail Cartmail, assistant general secretary Back cover buildingWORKER opt in Construction, Allied Trades and Technicians Construction, Allied Autumn 2018 3 Trades and Technicians NATIONAL Craftworkers reject pay offer as disgust NEWS in employers attitude increases Thousands of Unite construction Employers deliberately delayed making book’ have rejected the pay offer, and members employed in local a pay offer and then presented it as a while our members are not currently government, working under the ‘craft ‘first and final offer’ preventing minded to further the claim through worker red book agreement’ have negotiations which is contrary to action, this should not be interpreted by rejected the proposed pay rise. International Labour Organisation the employers as Unite standing back, conventions. in fact the opposite is the case. The workers voted to reject the two per cent increase and are now urging To add insult to injury rather than wait “Employers need to stop treating craft employers to return to negotiations. for Unite to ballot its members on the workers with disdain, they play an Members are angry in the way that local offer it was instead imposed. essential role in maintaining and government employers have conducted Unite national officer for local improving council housing and they the pay negotiations. government Jim Kennedy, said: deserve that their hard work is fully “Unite members covered by the ‘red appreciated.” Dumping Carillion apprentices is ‘crass stupidity’ Unite described the news that the official Gail Cartmail assistant general receiver and the government had made secretary of Unite said: “These actions redundant 341 apprentices who were highlight the government’s total failure formerly employed by Carillion, which to assist the workers who have been collapsed in January, as ‘crass stupidity’. most affected by Carillion’s collapse.” The redundancies announced in late Meanwhile Unite has announced that it Rather than cherish apprentices the July came despite government is taking legal action for a group of government dumped many who were assurances that the apprentices would members who were made redundant tied into the Carillion debacle be protected. The construction industry following Carillion’s collapse. is experiencing skills shortages as a result of decades of failing to recruit The workers were employed by Carillion Unite assistant general secretary for sufficient apprentices. subsidiary Planned Maintenance legal services Howard Beckett said: Engineering Limited on a contract at “Unite is fulfilling its promise of using The 341 apprentices comprised 1.6 per GCHQ the government’s listening all avenues including its legal arm to cent of all construction apprentices headquarters in Cheltenham. defend our members who are the currently undertaking training. The claim made on behalf of the workers innocent victims of Carillion’s collapse. by Unite Legal Services is for a failure to The decision to make the apprentices make a collective consultation before “The complexity of this case, which redundant has renewed Unite’s call for making workers redundant. combines employment law rights and the government to introduce public draconian insolvency law sector procurement rules that would The claim is made more complex as requirements, demonstrates why require all companies bidding for and Carillion is in compulsory liquidation workers need a union, it would have working on such contracts to train and Unite has had to apply to the court been impossible for individual workers apprentices. for the claim to proceed. to pursue such a case.” Construction, Allied Autumn 2018 4 Trades and Technicians PwC Steep rise in bogus feasted on self-employment Carillion’s carcass Unite has called for an urgent review of Mark Thomas the fees paid to companies involved in the liquidation of firms, after the fees charged by PwC following the collapse of Carillion became public. Too often construction PwC were appointed by the official workers are forced to work receiver to manage, sell and break up A freedom of information (FOI) request operating bogus self-employed Carillion following the company’s made by Unite has revealed a further via agencies collapse in January. significant rise in bogus self- and payroll companies, who were under employment in construction. the direction or control of someone else, The company is expected to receive over could not be self-employed. £50 million, in fees. The FOI response from the Treasury revealed that at least 1.12 million Since that decision the number of On average PwC charged £356 an hour construction workers were paid via the workers operating via CIS has increased for each of their staffs’ services. The Construction Industry Scheme (CIS), the by 18 per cent, far outweighing an highest rate of £1,156 an hour was paid to stand alone tax system for construction increase in the construction workforce. some pension specialists engaged by PwC. where workers are considered to be self- Demonstrating, the government’s employed but taxed at source. attempts to reduce construction bogus Unite assistant general secretary Gail This was a four per cent increase on the self-employment have been a miserable Cartmail said: “For the thousands of previous 12 months. failure. workers who have lost their jobs due to Carillion’s collapse, these figures will be In 2014 the government attempted to An incredible 49 per cent of 2.29 viewed as both eye watering and crackdown on bogus self-employment million construction workers were paid excessive.” in construction, by barring worker via CIS. Government washes REMINDER hands of umbrella Unite women Construction members you will have companies recently received a survey by email please complete by Thousands of workers, primarily in Workers operating via an umbrella October 15 to ensure your construction, are forced to endure the company have to pay both employers’ views are heard. misery of being paid via an umbrella and employees’ national insurance company. contributions as well as income tax which means they are taxed 46 per cent Despite this, Freedom of Information on eligible earnings. They also have to requests made by Unite, have revealed pay a weekly fee, sometimes over £25, that the Treasury has undertaken no to be paid in this manner. research on how many workers are paid Seattle Municipal Archives via an umbrella company for over three Despite government indifference Unite years and the department of business has been successful in negotiations to which should be an expert on such bar the use of umbrella companies on matters has never undertaken such many sites.