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

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Call 0800 709 007 www.unitetheunion.org www.unitelegalservices.org ES/7143/12-15 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. research.

North west success on umbrella companies page 7

Construction, Allied Autumn 2018 5 Trades and Technicians Government REGIONAL accused of NEWS being job killer Unite described the government as jobs many in construction Unite Wales deputy secretary Gareth being a ‘job killer’ when it refused to particularly in south Wales and it Jones said: “The UK government’s provide funding for the Swansea Bay would have given the Welsh decision is a short-sighted job killer tidal lagoon project. economy a £500 million boost. with ramifications for the Welsh economy and the wider UK If the project, which was heavily The construction industry in Wales manufacturing and construction supported by the Labour could have particularly done with the sectors.” government in Wales, had gone increased investment as major projects ahead it would have created 2,000 have been scarce and are much needed. Westminster council and HSE accused of inaction In July Unite accused Westminster London, which was being undertaken Mr Lomax said: “Workers must never council and the Health and Safety by a company called Kunta Kinte Ltd. be allowed to live on a construction site, Executive of inaction after they failed to Despite Unite official Paul Lomax the potential for serious injury is huge act after the union warned that alerting Westminster council and the and there are also massive occupational construction workers were illegally HSE to the problem both health issues that need to be considered. living on a site. organisations sat on their hands. After Legal action needs to be taken against Unite publicised its concerns that the anyone who has allowed these Unite investigated after it was informed workers were being placed in danger dangerous practices to occur.” that a group of migrant construction due to their living conditions, the workers were living on a construction HSE stepped in and immediately shut See gangmasters article on page 14-15 for site in St John’s Wood in north the site. further information Crawley latest council to sign construction charter Crawley council in West Sussex has become the latest to sign Unite’s construction charter.

The charter sets out a list of conditions which ensure that the employment conditions of construction workers are of a high standard on all projects undertaken by the council. The charter outlaws umbrella companies, ensures workers are directly employed, requires that construction agreements including pay rates are adhered to, apprentices are trained, safety levels are high, Unite is recognised and blacklisting is outlawed.

Crawley is the fifteenth council to sign the charter and follows Unite has recruited all 24 construction apprentices who were signed up this year by Fife Council. At their hot on the heels of Bristol council which signed up to the induction the apprentices received presentations from charter in early summer 2018. Unite convenor John Gillespie and Ian McDonald from the union’s organising committee.

Construction, Allied Autumn 2018 6 Trades and Technicians Aberdeen bypass in 15 hours

a day advert scandal Plant operators are being recruited to work Unite has called for an immediate Beatty is massively behind schedule excessive hours investigation by the Scottish and has a very poor safety record. government after it was revealed that employment agencies had been Unite regional co-ordinating officer advertising for workers to work Steve Dillon said: “The latest Mark Thomas excessive hours on the troubled revelations about the Aberdeen bypass Aberdeen Bypass project. are disgusting, such long hours are lethal. Workers cannot work safely In one advert an agency was seeking an undertaking such long hours, this is excavator driver for up to 15 hours a day exactly how mistakes occur and too plus weekends for 10-15 weeks, while often result in tragic accidents. longer sweep these problems under the in a separate advert two 360 wheeled carpet. drivers were sought for 70-80 hours a “This is the latest scandal to hit the week for a six to eight week period. troubled Aberdeen bypass and the “The rush to finish this already delayed The joint venture project which is being Scottish government and the Health project must not in any way be at the built by Galliford Try and Balfour and Safety Executive simply can no expense of workers’ safety.” North West highways Umbrella companies bar umbrella companies soak you in the pocket rather than Unite has reached agreement with The Area 10 contract covers the Fisher who keep you dry Balfour Beatty on the Area 10 highways motorway and major roads in brokered the maintenance contract to outlaw the use Merseyside, Cheshire, Lancashire and agreement, of umbrella companies, and that all Greater Manchester. said: “Not only does this alleviate the agency workers on the contract for over misery of umbrella companies on this three months will be offered a The contract ends next year and Balfour contract but it demonstrates, that permanent contract. Beatty has announced that they will through negotiation, Unite is able to not be rebidding for the contract as stamp out the misery of umbrella The bar on umbrella companies is a they are no longer in the market for company exploitation.” result of Balfour’s own document: this form of work. Modern Slavery and Labour Exploitation If you work on a Balfour Beatty site which is aimed at subcontractors and However, Unite will be ensuring that and are operating via an umbrella agencies and which states that Balfour whoever inherits the contract will company speak to your shop steward will not allow its supply chain to charge honour these local agreements. or regional officer for advice or direct or indirect fees for employment. Regional co-ordinating officer Andy assistance. Government must stop dithering on stalled West Mids hospital Unite has called on the government to The delays initially concerned how the was originally budgeted to cost £350 stop dithering and ensure work restarts hospital will be financed. Major million and has now risen to over as soon as possible on the stalled contractors have made clear that they £500 million. In August the Midland Metropolitan Hospital in were no longer prepared to operate via government agreed to directly fund Smethwick, West Midlands. any form of the private finance the project but apart from some minor initiative. works the project has not yet restarted The unfinished hospital has been and when buildingWORKER went to mothballed and is deteriorating since The NHS trust responsible for the press, no major contractor had been the main contractor Carillion went bust hospital asked the government in July appointed. in January. to directly finance the project which

Construction, Allied Autumn 2018 7 Trades and Technicians PAY AND BARGAINING

Recognition secured at Crawley This prompted workers at Mitie to also seek recognition and Unite has secured recognition on both housing maintenance this was achieved in June this year. The Unite members have contracts operated by Crawley council. elected Steve Fry as there workplace rep.

In 2010 the council decided to outsource its contracts for social Key issues for the workforce where Unite are now applying housing repairs. The contract was split north and south. pressure include a lack of pay increases and no sick pay from The northern contract was awarded to Mitie and the southern day one. contract was awarded to Mears. Local Unite regional official Malcolm Bonnett, has paid In October 2017 workers at Mears secured recognition and tribute to both Unite reps who have played a key role in elected Chris Vye-Parminster as their shop steward. securing recognition.

Pay claim generator in involved in making building action products such as cement and Unite national officer Jerry Swain is bricks while other workers in urging construction workplace activists the company undertake to use the union’s pay claim generator quarrying work. when they are involved in pay negotiations. Workers received the pay increase in June and it was Swain has used the pay claim backdated to April 2018. generator, which can be found at Lysippos Lysippos http://www.unitetheunion.org/work- Marshalls combine voice-pay/pay-claim-generator/, for pay and members Unite members include those Unite national officer Jerry several times, always with good working in quarries at Aggregate results. Swain has established a combine of Industries have received a pay shop stewards and activists at increase Activists are asked to put in certain building products company key information and then a Marshalls with the assistance of the professional pay claim over 100 Unite members employed at union’s convenor Chris Haigh. is automatically Aggregate Industries, whose head generated. The office is in Coalville Leicestershire, The combine held its first meeting in whole process can although workers are located August, which initially discussed the take less than 15 throughout the UK. details of the pay claim at the company.

Tschaensky The combine will also play an important Workers at the company are split into role in establishing a membership drive Unite’s pay claim two main sections. Some workers are at the company. generator is an excellent tool to create pay claims Plumbers pension scheme future talks continue minutes and a pay Bernard McAulay Unite national officer has claim is then been involved in ongoing negotiations about produced. the future of the plumbing pension scheme. Jerry Swain said: There is a desire for the current scheme to be “The pay claim closed. However this is proving extremely generator is an excellent tool it removes challenging as it requires agreement between the complexity of producing a pay two separate employer’s organisations and Unite. claim and I recommend it for all Unite will protect the

members.” pensions of plumbers Unite has a series of red lines that it will not cross.

Firstly, the pension income of workers who have Aggregate workers secure retired must be fully protected. Secondly, there must be a replacement scheme and the pay increase value of that scheme must not be inferior to current provisions. Unite regional officer Steve Syson has secured a 2.8 per cent pay increase for

Construction, Allied Autumn 2018 8 Trades and Technicians Improving INTERNATIONAL International NEWS Construction Standards

Unite is at the forefront of a concerted campaign to ensure international framework agreements (IFAs) that are signed between multinational construction companies and the international confederation of construction unions the Building and Woodworkers International (BWI) are properly upheld.

IFAs are important as they establish minimum standards on how the workforce is treated and the company is expected to adhere to in all countries where they operate. A standard requirement is to recognise trade unions. Netherlands: Royal Bam Unite raised initial concerns about the use of IFAs at the BWI Mark Thomas conference in Bangkok in 2013. This was partially a result of the blacklisting scandal as several of the companies involved including Skanska had signed an IFA. An IFA can be valuable to protect workers’ rights in the UK and abroad There is a concern that multinationals sign IFAs and maintain respectable employment relations in their home nation but are still prepared to exploit and mistreat workers when operating Italy: Salini Impregilo overseas. Spain: FCC, OHL, Dragados, Sacyr, Acciona, Ferrovial Belguim: Besix. As a result Unite moved a motion at the 2017 BWI conference in Durban, South Africa requiring a root and branch review of The value of a properly observed IFA can be seen by the the effectiveness of all the IFAs signed by the BWI. agreement signed between BWI and Belgian company Besix group, at the end of last year. Unite assistant general secretary Gail Cartmail said: “It is important the union relationships with employers globally The agreement applies to all parts of the Besix group, its sub- and across the EU strive to set standards in respect of how the contractors and its supply chain. It states that all workers workforce is treated. For example, respecting unions as valid in receive a written contract, wages will be fair and non- one country and refusing to respect collective bargaining discriminatory, that the requirement for taxes, pensions and arrangements or worse still, not recognise a union at all in social security payments to be paid. another country would be a breach of an IFA.” The agreement further states that the company and its supply Unions are currently undertaking a survey to set out how all chain will abide by International Labour Organisation (ILO) the companies who hold an IFA are treating workers in each standards. However migrant labour protections exceed ILO country. conventions on issues related to recruitment.

The findings of the survey and proposals of how to develop the Health and safety is stressed in the agreement requiring all relationship with these multinational companies will be concerned to ensure that workers are safe, provide workers with discussed and agreed at the BWI conference in 2019 which protective equipment and adequate training to ensure will be held in London. competency.

The companies where the BWI currently has an IFA and their The stress on migrant labour, safety and trade union rights is home nations are as follows. Germany: Hochtief, Faber Castell, particularly important as the Besix group operates extensively Stabilo, Staedtler in the gulf region including Qatar where they are building Sweden: Skanska, Ikea two of the 2022 World Cup stadia.

Construction, Allied Autumn 2018 9 Trades and Technicians

Personal Protec PPE rules not as straight forward as it

What is PPE exactly? instructions and training on how to use of impact/dust/splash/ molten metal eye It is in essence equipment that will it safely and correctly. PPE needs to be protection for the task and fits properly. protect the user against health or safety compatible with other equipment worn; All this has to take into account the risks at work and includes helmets, just think does using a respirator make it health of the user; including the need for gloves, eye protection, footwear, harnesses difficult to fit eye protection properly. prescription safety glasses if other safety and so on. PPE also extends to high- A common fault experienced by wearing glasses are incompatible. visibility clothing, ear protection and both together is that the eyewear mists respiratory protective equipment (RPE), up, so selecting equipment that defeats HEAD it is important to be aware that the last that is essential. Hazards: Impact from falling or flying two are covered by more specific objects, risk of head bumping, hair, regulations. Different types of work require different entanglement. types of PPE to protect the wearer. For What is required? example eye protection designed to CHECK: Correct head gear hard hats or PPE needs to be properly assessed before protect against agricultural pesticides bump caps, are specially-designed and use to make sure it is fit for purpose, may not offer adequate protection when fitted eye or hearing protection are regularly maintained or replaced when using an angle grinder to cut steel or suitable, check for damage and request needed, stored properly, provided with stone. SAnother common issue is that replacement, is neck protection required, wearing PPE may add new risks, such as such as scarves for use during welding. hearing protection frustrating communi- cation or blocking relevant noise such as BREATHING vehicles approaching. Technology exists Hazards: Dust, vapour, gas, oxygen- that will overcome these risks, and still deficient atmospheres. offer the necessary protection. CHECK: Right type of disposable filtering face-piece or respirator, half or So selecting the right PPE full-face respirators/helmets. The right is essential type of filter for the substance exposed This is the employer’s responsibility, and particle size. Filters are replaced however union safety reps should be regularly with the correct ones. Look at consulted so don’t be afraid to ask HSE’s publication Respiratory. questions: BODY PROTECTION EYES Such as adverse weather, chemical or Hazards include chemical or metal metal splash, high vis, flame retardant splash, dust, projectiles, gas and vapour, and so on. Feet and legs: Safety boots or radiation. shoes, penetration/chemical and oil resistant, anti-static, anti-slip, toe caps CHECK: You have been issued etc. Hand and arm: Gloves, gauntlets or with the correct type: safety mitts and so on, correct protection such spectacles, goggles, face- as for certain chemicals or knives. Inner shields, visors. Make sure gloves if needed to prevent skin the eye protection has problems, barrier creams are unreliable the right combination and not a substitute for proper PPE.

Properly fitting PPE is a particular The Gender PPE Gap problem for women construction Not surprisingly the gender gap goes workers beyond pay, and involves other aspects of a woman’s world of work including provision of PPE. This fact is highlighted

Construction, Allied Autumn 2018 10 Trades and Technicians BY ROB MIGUEL NATIONAL HEALTH AND SAFETY ADVISOR ctive Equipment seems Uniting women in construction

in a recent document by the TUC and marked differences in body shapes of occupational health providers. Only then affiliated unions following a survey. men and women, size and proportion of can women receive the correct range of Of those women who took part: hips, chests, thighs, feet, face shape and equipment and the PPE gap closed. so on. Only 29 per cent of women use PPE The Law that is specifically designed for women What should be done? Firstly, employers The main piece of legislation covering should actively seek out and choose PPE is The Personal Protective 57 per cent said PPE sometimes or suppliers that provide a range of sizes Equipment at Work Regulations 1992. significantly hampered their work suitable for both men and women. Although PPE is covered under separate legislation: dangerous substances 41 per cent of women said the trousers Secondly, if employers still have issues asbestos, lead, radiation and noise. provided were unsuitable over the suitability of women’s PPE, they 35 per cent of women found overalls should consult with manufacturers and Can employers charge for were a poor fit generally suppliers to remedy any problems. PPE? An employer cannot ask for money from Many women found that ill-fitting Thirdly, a good range of sizes should be an employee for PPE, whether it is PPE was not suitable for the job they provided for both women and men. returnable or not. This includes agency had to do. Manufacturers will take steps to adjust workers, if they are legally regarded as their products to fit women more employees. The Health and Safety at The problem is that most PPE is precisely as long as suppliers and Work Act requires employers not to designed for men, so finding appropriate employers create demand. Finally good make a charge in respect of anything sizes and shapes for women can be a employers will put in place mechanisms done in order to comply with any struggle. Employers tend to use the to ensure they can get feedback on the relevant statutory H&S provision, for same PPE for women as for men, often suitability of PPE. Reports can then go example regulations such as those simply selecting smaller sizes. There are to safety reps, safety committees, relating to PPE.

complete control of the contractor, it is almost certain

SELF EMPLOYED? they will not be responsible for providing or paying for The construction sector is plagued with umbrella their own PPE despite their tax status under the companies and bogus self-employment so it is no Construction Industry Scheme (CIS). In addition self- wonder the lines are blurred as to who pays for or employed persons are entitled to health and safety provides PPE. protection on a clients’ premises, thus adding to the

complexity of responsibilities to ensure a safe working The regulations only exempt “employees” from charges environment including the provision of PPE. for PPE. For the self-employed the PPE regulations

state that: Bogus self-employment is precarious with a ‘hire and

fire’ mentality across construction that leaves “Every relevant self-employed person shall ensure that operatives with limited ability to challenge unsafe he is provided with suitable personal protective working practices. That is why Unite campaigns against equipment where he may be exposed to a risk to his bogus self-employment and for direct employment. Our health or safety while at work”. history tells us that whether self-employed or directly

employed construction workers benefit from belonging This means genuine self-employed workers bear a heavy to the collective of Unite backed by the resources to responsibility with regards to PPE yet establishing fight rogue employers. employment status for those caught up in bogus self-

employment their entitlements and rights lack clarity. If you have any concerns about your PPE contact For example, where workers are deemed self-employed, your local safety rep, shop steward or regional but providing themselves as labour only and under official

Construction, Allied Autumn 2018 11 Trades and Technicians UNITE OR CONSTRUCTION

Construction, Allied Trades and Technicians www.unitetheunion.org RGANISED SITES DELIVER: 1 A fair rate of pay 2 Additional pay rates for overtime 3 A safe site 4 Excellent welfare facilities 5 Shop stewards and safety reps to allow workers to raise

issues and concerns JOIN TODAY www.unitetheunion.org

@unitetheunion unitetheunion1 BY ROGER BANNISTER CHIEF EXECUTIVE OF THE GANGMASTERS & LABOUR ABUSE AUTHORITY (GLAA)

Spotting the signs of CONSTRUCTION SLAVERY Would you be happy doing physically when workers have not been given the demanding manual work for as little as right training to operate machinery. £5 a day? Would you be happy sleeping Research by the Health and Safety in a filthy caravan on the construction site Executive revealed that the construction where you work during the day? Would industry accounts for 22 per cent of fatal you be happy putting yourself in danger injuries even though it accounts for just by operating machinery you have no idea five per cent of the UK workforce. how to use safely? Again, you will not be surprised to read This is not some horror story from a that pay is a major issue. Some workers country far away from 21st century receive only £5 a day, while others are not Britain. This is something which is only paid at all. This is a particular problem Roger Bannister the chief too real for thousands of workers who are in fencing, maintenance and bricklaying. executive of the GLAA is abused and exploited right here in the UK And then there’s the deception of leading the charge against each day and every day. And it’s something workers who do not understand their construction exploitation we are determined to put a stop to. employment rights, particularly their self-employed status. To give you a guide as to what we are The UK construction sector employs looking for, we have developed a around three million people and is crucial Together with our partners, we are number of key indicators which can be to the country’s economy. But it also cracking down on these unacceptable divided into six main sections: restricted attracts the interest of organised criminal practices. In 2017, the GLAA was freedom, behaviour, working conditions, gangs, who want to profit from using handed new police-style powers by the accommodation, finances and appearance. people as commodities. government. Our wider remit allows us Restricted freedom covers everything to tackle abuses across the labour market, from victims not being in possession of Our report on the nature and scale of search and seize evidence and, investigate their passports, having no access to labour exploitation across the UK earlier modern slavery in the workplace. medical care, being subjected to threats this year demonstrated some of the against family members, or never challenges we are facing. Intelligence In the last 12 months, we have arrested speaking about normal activities outside indicates that some Irish traveller more than 100 people, identified over of work – sometimes the absence of families have been involved in the 1,000 employees suffering direct abuse normality is a sign. They may also exploitation of workers, especially in and launched nearly 200 investigations. depend on their employer for transport or groundwork, paving and driveways. This has been achieved with just 125 accommodation and be subject to These workers are often also ordered by members of staff which I think makes security controls to keep them at work. the families to clean and look after their these achievements all the more children, alongside their other work. impressive. Behaviour can be something as simple as a worker being unable to speak English But this is by no means the only way in Because of this though, we are reliant on fluently. However, it also includes which workers are being exploited in the our partnership work with the police, workers having a distrust of the construction sector. government, councils, charities and authorities, being reluctant to reveal their employers. We also need your help to immigration status, and resorting to As I mentioned earlier, safety is a serious spot the signs of modern slavery and crime for money or food. If someone concern. Serious injuries have occurred labour exploitation. appears to be fearful, anxious or never

Construction, Allied Autumn 2018 14 Trades and Technicians Mark Thomas

All workers need to be vigilant of exploitation occurring in construction

leaves work without their boss, this could them? If so, then they very well could be If you have any suspicions, speak to mean they are being exploited. a victim of modern slavery. our intelligence team on 0800 4320804 or email Moving on to working conditions, victims The most important thing to take away [email protected]. may regularly work excessively long hours, from this article is to act if you spot any have no days off, be forced to work under of these signs. We all have a moral and Together, we can work to put an end certain conditions and lack the ability to ethical responsibility to act as the abuse to modern slavery and labour choose when or where they work. and exploitation will continue if you do exploitation in the construction nothing. industry for good. If they live in sub-standard accommo- dation, in groups where they work, or in other degrading, unsuitable places, they Modern slavery checklist may well be suffering from exploitation. Modern slavery and labour abuse is happening all the time – there are an Victims may also not know their home or work address, and could have been estimated 10,000 to 13,000 potential victims in the UK prevented from giving out their address Construction is a particularly high-risk sector, with exploitation over issues to friends and relatives. such as pay, safety and employment rights

In terms of financial exploitation, victims The GLAA is here to help but we also rely on you to report your concerns so may receive little or no payment, have no we can take action and protect vulnerable workers access to their earnings, or be disciplined There are six key indicators for spotting the signs of modern slavery: through punishment and fines. They can be charged for services they do not want, restricted freedom, behaviour, working conditions, accommodation, be forced to open bank accounts and sign finances and appearance documents to receive benefits or loans. Not all of the indicators will apply in every case, and some may not be immediately apparent as victims may be reluctant to tell their story for a Appearance is probably the easiest sign number of reasons to spot. Has someone suffered injuries that appear to be the result of an assault? One call to us can change people’s lives forever – ring us on 0800 Have they suffered injuries that could be 4320804 if you think someone is being exploited related to someone having control over

Construction, Allied Autumn 2018 15 Trades and Technicians PAY THE RATE ParkPark AdferAdfer aa lol withwith nationalnational

Over the past year construction sector CNIM subsequently announced that it The refusal to adhere to the national members will have seen stories about would not be using the National agreements has led to a series of high protests at the Park Adfer energy from Agreement for the Engineering profile demonstrations at the Park Adfer waste development in north Wales. Construction Industry (NAECI), the site and this summer there were also appropriate industry agreement for this demonstrations at the London This dispute has local significance but form of mechanical engineering headquarters of Wheelabrator and CNIM. also has major national implications for construction work, to employ workers on how construction is organised and is a the project. Instead it only committed to As well as the low pay levels, concerns microcosm of much of what is wrong in paying the living wage of £8.75 which is that further forms of exploitation are our industry. an eye watering 61 per cent below the taking place at Park Adfer have increased standard NAECI rate of £17.39 an hour as much of the workforce is migrant and Park Adfer is an £800 million pound and £2.37 an hour Incentive Bonus without a union presence, and more energy from waste development being Arrangement for this form of work. vulnerable to sharp practices. built in Deeside on behalf of the North Wales Residual Waste Treatment The NAECI agreement, like all For example, CNIM has sub-contracted Project comprising of (Flintshire County national construction agreements, the traditional mechanical engineering Council, Isle of Anglesey County governs far more than just pay, it covers section of the project to Polish outfit Council, Gwynedd County Council, overtime rates, hours of work, payments Mostostal Pulawy which following Conwy County Borough Council and during bad weather and union meetings with Unite national Denbighshire County Council. representation on sites as well as many construction officer Bernard McAulay, other issues. confirmed that it was directed to tender As the host council, Labour-controlled for the work at national living wage rates Flintshire is the lead authority. As regional official Steve Benson said: and that all 70 workers on the project “National agreements work for both would be brought in from abroad. Problems emerged last year after the workers and employers. Workers receive councils appointed US outfit Wheelabrator a fair rate of pay and operate in a safe McAulay said; “The rate for the job must as the client and French-based company environment, while projects are apply regardless of where the worker is CNIM as the main contractor. Both delivered promptly to a high standard from. To fail to pay the correct rate is to companies are known for being anti-union. and on budget.” deliberately exploit workers.”

Construction, Allied Autumn 2018 16 Trades and Technicians BY BARCKLEY SUMNER

ocalocal battlebattleThinkstock ll significancesignificance

step in to ensure exploitation is not does not happen on these developments occurring on their project. Particularly in Aberdeen and Dundee. guilty is Flintshire, as it is the council where the work is taking place, and is Unite support for national also supposedly a Labour council. agreements Flintshire’s failure to act or to at least to Unite is passionate about defending pressurise the companies involved to do collective agreements and extending the right thing has members asking their reach. In an industry which is “What is the point of a Labour council?” notorious for casualisation, a high turnover of work and poor treatment of The other factor is that the contract was workers, collective agreements, NAECI, tendered on procurement rules JIB (electricians) or CIJC (civil established by the Welsh Labour engineering and biblical trades) among Government and it has emerged that for others provide some stability and ensure some reason the latest procurement that workers are treated fairly. Unite members protest outside rules, which on the face of it are Flintshire council’s offices over its comprehensive, fail to stipulate that It needs to be restated that industry failure to protect the working national industrial agreements must agreements are not simply created by conditions of Park Adfer workers be adhered to. It is a matter that Unite, they are jointly agreed with Unite is lobbying hard to resolve. employers. The better employers appre- What is deeply ironic is that both ciate the need to have a set of rates and Mostostal Pulawy and Wheelabrator A sinister twist led to assistant general uniform conditions so that they can are no strangers to the NAECI Secretary Gail Cartmail meeting accurately plan work and it avoids the agreement. Both companies are involved Carwyn Jones, First Minister for Wales, undercutting on labour rates when in the Ferrybridge power station where she gave examples of suspected contractors bid for contracts. development in Yorkshire where due to blacklisting and overt discrimination at the requirements of the contract they ‘job fairs’ against union members. Union Unite’s support for national construction both follow the NAECI agreement. members were told they need not apply. agreements has been strengthened in Others with precious skills have not recent years with progress made with the Unite’s campaign has fully highlighted heard back after submitting their CVs. devolved assemblies which, at least, in the exploitation and ‘race to the bottom’ part recognise the value of including the which is occurring at Park Adfer and the Unfortunately the problems at Park requirement for them to be followed in union is continuing to do everything it Adfer are not an isolated incident; in Scotland, Wales and Northern Ireland. can politically and industrially to ensure particular there have been further that the NAECI agreement is properly failures to apply the NACEI agreement Unite has also championed the construction applied to the project. on similar energy from waste plants charter, that a growing number of local around the UK. As these are ultimately authorities have signed up to resulting in The question of who is responsible for the built for local authorities, it seems them agreeing to comply with its terms on failure to ensure that workers are not councils are content to put of a lower their contracts; these charters usually state being exploited is complex. Clearly both price over decent pay and welfare of the that national agreements must apply. Wheelabrator and CNIM have been more workforce. than content not to apply the NAECI Park Adfer demonstrates what happens agreement, in order to boost their profits. Currently national officer Bernard without national agreements in construc- McAulay is in negotiations with clients tion, rates would be cut, and the However, what is far more disappointing and contractors on two proposed projects environment and conditions of work is that the local authorities have failed to in Scotland to ensure that exploitation would substantially worsen.

Construction, Allied Autumn 2018 17 Trades and Technicians BUILDING MISCARRIAGE OF JUSTICE

The speakers at the fringe meeting (left to right) Ruth Hayes, Sheila Coleman, Chris Peace, Gail Cartmail, Terry Renshaw, Lois Austin, Dave Smith. RIGHTING PAST WRONGS

Delegates at Unite’s policy conference in documents that the government is Construction activists are also heavily July attended a lively and thoughtful currently refusing to publish. involved with the Spycops saga. fringe meeting on working class miscarriages of justice, chaired by Unite The fringe was especially relevant for The events that occurred at Orgreave and assistant general secretary Gail Cartmail. construction workers who, as the subjects Hillsborough, while not directly The theme which ran through all the of the Shrewsbury Pickets and the construction related, exposed the actions speakers was for the need to end the blacklisting scandal, have been directly of the police and the miscarriages of cover-ups and for the release of official affected by the issues raised. justice further reveal an ongoing theme

Construction, Allied Autumn 2018 18 Trades and Technicians BY XXXX BY BARCKLEY SUMNER of lies and cover-ups involving the police, running court battle, where Unite played Austin also wants to know who gave the politicians, the government and judiciary. a leading part. However Smith reminded orders for these actions and believes that the the audience “compensation isn’t justice.” answer is ultimately “senior politicians”. Shrewsbury Pickets Smith was a construction engineer who Terry Renshaw from the Shrewsbury 24 was forced out of the industry by the Orgreave campaign was the youngest of the blacklisters. He wants a public inquiry Chris Peace from the Orgreave Truth and Shrewsbury pickets who were arrested into blacklisting (which is supported by Justice campaign reminded the audience and charged on trumped up charges Labour) and for those responsible forced that it was over 34 years since Orgreave, following the 1973 buildingWORKERS to be made accountable for their actions. where the state used “military style strike. Now in his early 70’s he is still “They took food off my children’s table. policing” against working class people. campaigning for justice. I want them grilled, I want them skewered.” In total 95 miners were initially charged, The biggest challenge for the pickets, the trials collapsed. Last year the home who were “fitted up by the Heath Spy Cops secretary refused to order a public inquiry. government in collusion with MI5” is to Lois Austin was spied on by undercover access the government’s papers into the police officer Pete Francis and is a Peace said that one of the key issues to dispute. The papers should have become leading member of the Campaign right past wrongs was to force the release available in 2003 but they were blocked Opposing Police Surveillance (COPS). of the police papers into Orgreave, then and again in 2012, currently they The COPS campaign has exposed how currently these can’t be published until will not be released until 2023 at the the Metropolitan Police’s Special Demon- 2066. earliest. stration Squad (SDS) infiltrated 1,000 mainly left wing, anti-racist, anti-fascist Peace also called on trade unionists to The pickets believe the papers will finally groups , unions and community groups. make sure that what happened at prove beyond doubt the government’s Austin described their actions as Orgreave is not forgotten. involvement and that the trumped up “political policing”. Mattbuck charges were politically motivated. Hillsborough The undercover police officers in the SDS Sheila Coleman of the Hillsborough Last year the campaign suffered a setback formed sexual relationships with un- Justice Campaign pointed out that when the Criminal Cases Review suspecting female activists and in some after the tragedy in 1989 it was Commission (CCRC) refused to review cases fathered children with them, most initially described as a football disaster their cases. The campaign is now crowd- of the officers were married. and that her organisation’s campaign was funding to raise the £150,000 they need determined to prove it was a miscarriage to organise a judicial review to overturn The COPS campaign has been successful of justice. the CCRC’s decision. in forcing the government to hold a public inquiry into undercover policing. As a result they became a threat to the Renshaw also welcomed Labour’s com- However the inquiry is in disarray, state, were placed under surveillance and mitment in their last two manifestos to running years behind schedule and has spied on. publish all the Shrewsbury papers when not even started to hear evidence. they enter government. Coleman said that she felt that the police The current Judge Mittings “is derailing force at the time believed that they could He concluded by saying: “The police the inquiry”. He is more concerned about act with impunity. work for us, not the big employers, not the welfare and privacy of the police officers for the government.” then of the activists who were abused and She said that the next Labour Govern- spied on. He is refusing to release many of ment needed to introduce systems to Blacklisting the police’s cover names, which means ensure that similar issues are dealt with David Smith from the Blacklist Support there remain many victims who still don’t swiftly and don’t fester for decades. Group, talked about the systematic know they were spied upon.” blacklisting of construction workers and said the difference between construction The COPs campaigners are clear on what The fringe meeting was so and other sectors was “we found our needs to be achieved to secure justice: successful at Unite’s own blacklist”. conference that it was decided that No secret court hearings Smith also talked about how it has finally a very similar fringe meeting would been admitted that undercover police Make all the files public be held at TUC Congress in officers supplied information on workers Manchester in September, in order The release of all the police cover blacklist files. to ensure the message went to a names wider audience. Last year hundreds of blacklisted workers For a panel to sit and advise Judge received compensation from the black- Mittings or for him to resign. listing companies, following a long

Construction, Allied Autumn 2018 19 Trades and Technicians Construction, Allied Summer 2018 20 Trades and Technicians unite Legal By ROBERT LEMON UNITE SOLICITOR

Delivering justice for asbestos victims

Deaths from asbestos continue to rise, last “High street solicitors may only year there were 2,595 deaths from agree to take a claim, if a victim mesothelioma, the incurable cancer of the takes out expensive legal expense lining of the lung caused by breathing in insurance to cover the cost of asbestos. medical reports and other expenses. Sadly, research shows that construction workers are most at risk to exposure to “The premiums for these policies asbestos especially when undertaking are thousands of pounds. However, maintenance, refurbishment and these insurance premiums can no demolition work. longer be recovered from the unsuccessful defendants. Instead Unite has recently received a letter from one high street solicitors deduct them of our members David Trigg the chair of from the victim’s compensation. the Derbyshire Asbestos Support Team (DAST) about why union legal services are “The legal services provided by superior to its rivals in ensuring asbestos Unite are the best available to its victims receive justice. members, and the members Asbestos is deadly and should only family, and is free with be removed by qualified specialist This is an edited version of David’s letter “I membership. Victims receive am involved in the fight for justice for 100 per cent of all compensation. contractors victims of asbestos diseases. As such I receive news cuttings from family, or solicitors, of “Unions maintain asbestos exposure victims of these terrible diseases. databases. Memories fade and people lose touch with work colleagues. Unite’s database ENSURING ASBESTOS “Almost all ask for former work colleagues contains details for more than 12,000 JUSTICE of the victim to contact the claimant’s members. Unite’s solicitors have access to 1. Join Unite and maintain membership solicitor, and give any experiences of where this bank of potential witness information. even in retirement the claimant could have been exposed to Union solicitors have decades of experience asbestos fibres. Upon examination it can be dealing with similar claims. 2. If exposed to asbestos immediately seen the victim based upon their, record the details on Unite’s online occupation, and the employer, could well “If you know somebody who, is diagnosed asbestos database at have been a member of a union, possibly one with an asbestos related disease, then ask https://www.unitelegalservices.org/su that now forms Unite. them if they are, or were, at the time of any rveys/asbestos-questionnaire exposure to asbestos, a member of a union. 3. If you are diagnosed with an “So, what is the problem? It is that in the If the answer is yes, tell them, to contact asbestos disease immediately vast majority of these cases, the legal firms, that union immediately. Unite has a contact your Unite regional legal acting on behalf of the claimants, are firms scheme for reopening the membership of officer. that are not union firms, they are 'high the client. street' or 'television/newspaper ad' firms. “Again, what is the problem? Most of these “It is also useful to point anyone you know firms, also undertake work for employers, with an asbestos disease to their nearest and the insurance industry. asbestos victims support group. Go to In the next issue there will be a legal www.asbestosforum.org.uk to find your update on how Unite will be using the If that is not enough to put one off using nearest support group. These groups are the Russ Blakely employment appeals them, they can, in law, deduct up to 25 per people to go to for advice on benefits, and tribunal to ensure a fairer deal for cent of the clients compensation, as a reward support for sufferers of asbestos disease, and construction members. for succeeding with the case. their families.”

Construction, Allied Autumn 2018 21 Trades and Technicians unite Recommends

This page is a counterpoint to the mainstream media and reviews important pieces of work for Unite members.

Books

Spain In Our Hearts Operation Gladios Americans in the Spanish Civil War 1936-1939 by Paul L Williams by Adam Hochschild There is nothing that the world’s establishment would do to keep hold of their power that would really surprise me but some of the stuff in this book is enough to make your toes curl.

The title of the book comes from the operation the United States Mario Modesta Mata put in place throughout Italy towards the end of World War Two. This operation was born out of the fact that they were becoming increasingly worried about the possibility of Italy becoming a communist country immediately after the war concluded. The story starts off just prior to the forming of the CIA in 1947 when it was called the OSS (Office of Strategic Services).

Spain’s was one of the most Once the CIA is formed various ways are put forward to try to fund bloody of any countrys’ civil the operations. Learning from the opposition to Chairman Mao in wars. Similar mass graves were China the CIA opted to open up heroin trade routes on a massive all too common. scale emanating from Vietnam (obviously got obstructed at a later date). The Spanish Civil War is a totemic event for the left. It was the first time a major war was fought on ideological lines and it was They then used the first time those on the left came together, from all over the the logistical Diliff world, to fight fascism in the name of the working class. expertise of the Mafia (the The legitimate left-leaning republican government of Spain was organisation the toppled by a military coup and one of its soldiers, General Americans Francisco Franco, went on to rule Spain like an authoritarian formed an monarch until his death in 1975. alliance with while invading Historian Adam Hochschild looks at this most bloody of civil wars Sicily) to through the eyes of Americans who fought for the republican produce and The Vatican acted as the government of Spain. In so doing, he provides a wonderful distribute the finished bankers for the secretive introduction to this often complex and devastating conflict. article across the globe. Operation Gladio

If you want to know why the British government sided with the The funds from the operation were then filtered through Vatican fascists, or why US oil giant Texaco gave Franco oil on tick, or why banks and their subsidiaries without any outside interference. All the democracies of the world betrayed the Spanish government and of this was done beneath the radar of the US Congress. in so doing gave the green light for Hitler to decimate Europe – Other operations come into play such as Operation Condor in this is a good place to start. South America and as the years go by later world events get caught up in its tentacles right up to the present day. Looking through the eyes of those who fought, Hochschild shows us why the Spanish Civil War is both a pivotal and shameful A must read if you want to know the kind of people that operate moment in world history. above governments and ultimately above democracy.

Nick West Jamie Bingham

Your Recommendations Unite members are encouraged to send ideas for future recommendations. We will cover film, television, DVDs and books. The only stipulation is a recommendation needs to be easily available. If you would like to write your own reviews please do but keep your contributions to 250 words. Send recommendations and reviews to [email protected]

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