![]() UCATT Wales and South West199 Newport Road PlymouthTel 01752 481 794 |
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Construction union UCATT are pursuing legal action in support of members who have been dismissed on the Velindre Electricity sub-Station construction site in Swansea, after raising serious safety concerns.
Problems began in February 2010 when the workers were suspended by J2M (a consortium of Morrison Utility Services, Jacobs Engineering and Mitsubishi Electric).
The workers had previously raised concerns that raw sewage was being pumped into nearby woodland and was leaching into water courses, there was very poor lighting provided for early morning and late evening work and standard risk assessments and method statements were not being undertaken. The workers also raised concerns about the onsite drinking culture of workers employed by a sub-contractor.
The charges against the workers were subsequently dropped as the company found there was “no case to answer”. Two of the nine affected workers were sacked last Friday (August 27th) as the client South West Alliance, which is owned by the National Grid, refused for the workers to be allowed back on site.
UCATT has now submitted claims for unfair dismissal for raising serious safety concerns against both J2M and South West Alliance under Interim Relief Arrangements to the Employment Tribunal. If successful the workers will continue to be paid until a full hearing can take place.
UCATT have also lodged separate claims for unfair dismissal under the Public Information Disclosure Act for other workers, who had already been dismissed.
Nick Blundell, Regional Secretary for UCATT Wales and South West, said: “This case stinks. Companies who flout safety laws and then sack workers who raise legitimate concerns cannot be allowed to get away with such practices.”
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Construction union UCATT have welcomed the decision by the Welsh Assembly, to introduce powers that will allow the suspension of the Right to Buy of council homes, as an important first step in the campaign to reduce homelessness.
Nick Blundell the Regional Secretary for UCATT Wales and South West, said: “This is an important first step in the campaign to reduce the misery suffered by thousands of families due to the chronic lack of decent social housing in Wales.”
The Welsh Assembly Government has indicated that they will only use their new powers in extreme cases, where there is a chronic shortage of housing.
UCATT will be mounting a lobbying campaign of all councils in Wales to apply for a suspension of the Right to Buy scheme. Problems of homelessness and overcrowding have increased in Wales in recent years, as a result of a lack of affordable social housing, a problem made worse as a result of the recession.
Mr Blundell, added: “The problem of housing shortages is not just confined to a few hotspots there are families in every part of Wales who are forced to live in inadequate accommodation. It is essential that all councils in Wales support both a suspension of Right to Buy and a massive increase in the building of new council housing. This is the only way the housing crisis can be tackled.”
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Members of construction union UCATT will protest outside the office of senior Tory MP John Penrose, who is intent on privatising safety inspections if his party wins power. The protest is scheduled to coincide with International Workers Memorial Day which has the slogan “Remember the Dead, Fight for the Living”.
Wednesday 28th April
Office of John Penrose MP
24-26 Alexandra Parade
Weston-Super-Mare
Somerset
12pm midday
During their conference in October 2009 the Conservatives announced that if elected they would allow companies to undertake independent safety audits. Once these were completed companies would be able to bar Health and Safety Executive inspectors entering their sites, unless there was an emergency. Despite UCATT warning that the policy would increase workplace deaths. Mr Penrose the shadow business spokesperson confirmed in March 2010, that if elected the Conservatives will press ahead with the plans.
Nick Blundell, Regional Secretary for UCATT’s Wales and South West Region, said: “The Conservatives’ plans to privatise safety inspections, which are being championed by John Penrose, will lead to increased deaths and injuries of construction workers. These proposals must not go unchallenged. Local people should realise exactly what policies their MP is promoting.”
Construction is the most dangerous industry in Britain. In 2008/9 there were 53 construction fatalities, including 8 in South West England. However before the industry entered a severe recession in 2008, construction fatalities were on average 6 per month. In 2007/8, 72 construction workers were killed at work.
UCATT are campaigning for the Government commissioned report into construction fatalities by Rita Donaghy, One Death is Too Many to be implemented in its entirety. The report’s 29 recommendations to improve construction safety include extending the Gangmasters Act to construction and the introduction of statutory director’s duties.
UCATT represents 125,000 members employed in the construction industry throughout the United Kingdom and the Republic of Ireland
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Construction union UCATT are preparing to take a series of employment tribunal cases in support of hundreds of workers in Wales and South West England who formerly worked for Quadron Property Services Ltd.
Trouble started when the company based in Somerset, which undertook housing maintenance services for a large number of councils, housing associations and other organisations went into administration in November 2009. The company employed nearly 400 staff.
Most of Quadron’s contracts have been given to other companies or taken back in-house. However in many cases the new companies have ignored TUPE rules and forced the existing workers onto poorer terms and conditions.
In other cases the new contractor has refused to take on all the former Quadron staff previously working on a contract. Those staff that have not been taken on have been left in a legal limbo, with administrators Deloitte stating that they should have been TUPE transferred to the relevant new contractor.
Many workers are also owed money in unpaid wages from Quadron Property Services.
The affected workers undertook housing maintenance projects at the following organisations: Bournemouth Council, Charter Housing Association (Newport), English Heritage, Monmouthshire Council, North Somerset Housing, Salisbury Council, Solon Housing Association (Bristol), Stroud District Council, and on several smaller contracts.
Nick Blundell, Regional Secretary for UCATT Wales and South West Region, said: “These workers have been treated with contempt. The rules are clear companies which take on contracts should be obliged to employ the same number of workers on the same terms. Yet many of the new contractors have simply ignored the legislation. If the companies will not co-operate we will not hesitate in taking legal action in support of our members.”
UCATT are also angry at the treatment of many of the workers after the administrators were called in. Some of the workers were locked in depots while the company organised for mobile phones and vehicles to be returned.
For Further information contact Nick Blundell on 029 2049 8664
UCATT represents 125,000 members employed in the construction industry throughout the United Kingdom and the Republic of Ireland
Notes to Editors: The Transfer of Undertakings (Protection of Employment) Regulations (TUPE) are designed to ensure that the terms and conditions of a worker’s employment are protected when they are transferred from one employer to another.