Construction union UCATT have welcomed the announcement today (September 11th) by Ed Balls the Shadow Chancellor that Labour will launch a review of bogus self-employment.

In his speech to the TUC Congress in Brighton, Mr Balls, said: “On the issue of bogus self-employment in the construction sector and more widely, I am determined that we look at this issue again. There is a careful balance to be struck. I do not want in any way to undermine genuine self-employment. But nor should contractual arrangements be distorted and misrepresented to avoid tax and undermine terms and conditions.”

Mr Balls, added: “Construction is one of the most important industries. Let’s work together to make it stronger, safer and fairer for the future.”

Steve Murphy, General Secretary of UCATT said: “We warmly welcome this initiative. Labour is listening to ordinary construction workers and ourselves. There is a growing understanding that bogus self-employment is not simply about a loss of revenue to the Treasury but it also strips workers of even the most basic employment rights.”

Bogus or false self-employment occurs when a worker is designated as self-employed but has all the characteristics of an employee. This result in them being denied basic rights such as holiday pay, sick pay, they don’t receive a pension and they can be fired at a moment’s notice.

Mr Murphy, added: It is vital that Labour’s review is the first step in a long-term solution for the construction industry. Bogus self-employment corrupts the entire industry, creating a short-termist hire and fire culture which among many other problems reduces safety and deters vitally needed apprenticeship training.”

In 2009 the previous Labour Government held a consultation on introducing deeming into the construction industry. Workers would be deemed to be employees for tax purposes unless they met distinct criteria. However the Conservative-led Government dumped deeming.

In the construction industry bogus self-employment primarily occurs through the Construction Industry Scheme. CIS is a unique tax scheme for the construction industry. Unlike other self-employed workers, those operating under CIS are taxed at source. However as they are considered self-employed the employer does not pay any national insurance contributions, a saving of 13.8% per worker.

Mr Murphy, further added: “UCATT will be calling for the scrapping of CIS. The CIS scheme is the fundamental reason why bogus self-employment is endemic in the construction industry.”

A new report published by construction union UCATT exposes the increasing use of payroll companies in the construction industry. The report establishes how payroll companies are being used to codify false self-employment in the industry and how this is costing the Exchequer hundreds of millions of pounds a year in lost revenue.

The UCATT commissioned report The Great Payroll Scandal by Jamie Elliott details how workers are forced to sign contracts with payroll companies in order to obtain work. By signing the contract, while the worker is in reality an employee for a construction company, they are officially classed as self-employed. Due to their self-employment status the workers are stripped of even their most basic employment rights. To add insult to injury the worker has the payroll company’s charge (usually between £10 - £25 per week) taken directly from their wages.

The number of construction workers being paid via payroll companies has increased dramatically in recent years. The largest payroll company, Hudson Contracts currently has over 114,000 workers on its books.

Steve Murphy, General Secretary of UCATT, said: “This report is highly significant as it details how workers have little or no option but to sign away their rights and be paid by a payroll company. Having been forced to accept this arrangement they then experience the double whammy of having to pay for the privilege.”

The report estimates that false self-employment throughout the construction industry is costing the Treasury £1.9 billion per annum, with the principal beneficiaries being employers who save £1.2 billion per annum by avoiding paying employers’ national insurance contributions of 13.8 per cent per worker.

False self-employed workers can be sacked without warning, do not receive holiday or sick pay, do not have a pension, have reduced benefit entitlements and are denied access to employment tribunals.

While there are clear rules on employment status, which is not a matter of choice, the report also revealed that the HMRC had virtually given up on enforcing employment status in construction, with the number of reviews it was conducting more than halving from over 1000 in 2009/10 to just 433 in 2011/12.

Mr Murphy added: “False self-employment is costing the treasury billions every year. Given that fact it is simply unforgiveable that they are reducing their enforcement activity. This is making it far easier for unscrupulous employers to avoid paying their correct contributions and leads to workers losing their rights.”

Download the full report: UCATT Report The Great Payroll Scandal 2012.pdf

An audio clip of the conversation with Hudson contracts

The fully recorded conversation with Hudson contracts

Construction union UCATT have welcomed a call for action to tackle “disreputable” payroll companies.

The call for action was made by Labour MP John Cryer during a Westminster Hall debate on Wednesday 16th January.

Mr Cryer focussed his attention on payroll companies operating in the construction industry who encourage companies to reclassify employees as self-employed in order to avoid paying employer national insurance contributions of 13.8% and who then can avoid paying holiday pay, sick pay, redundancy and pension contributions.”

He said: “That seems pretty disreputable to me, but what then happens, if the employer decides to go down the route of using a payroll company to transfer the work force into self-employment, is that the work force are asked to sign a contract with the payroll company. That is often sweetened slightly by a small rise in pay, but that will never compensate for all the other benefits and rights at work that in the meantime have been lost.”

Mr Cryer, also described as “a perverse situation” the way in which construction workers after signing a self-employed contract with a payroll company don’t in theory have any formal relationship with their employer, while in reality that building firm still issues directions and engages with the workforce.”

During the debate Ian Murray MP Labour’s Shadow Business Minister also called on the Government to launch an inquiry into bogus self-employment. He said: “It is incumbent on the Government to launch a full inquiry, through the Department for Business, Innovation and Skills, into this, not only for the sake of the employees and the Treasury, but because of issues in the construction sector such as blacklisting. People who work in the construction sector deserve an awful lot more from this Government.”

Steve Murphy, General Secretary of UCATT, said: “This was a very important debate. It is vitally important that MPs and Ministers understand the murky affairs of the construction industry, which blight the lives of hundreds and thousands of construction workers.”

Mr Murphy, added: “The Government must stop turning a blind eye to these ‘disreputable practices’ and take firm action to ensure that construction workers are not denied even the most basic employment rights and construction companies stop evading paying billions to the Exchequer”.

Construction union UCATT are calling for urgent action to tackle false self-employment in the construction industry after new figures from the Office of National Statistics revealed a major increase in self-employment.

The ONS found that since 2008 the number of self-employed workers across all industries has increased by 367,000. The occupations with the highest number of self-employed workers were taxi/cab drivers and chauffeurs, other construction trades, carpenters/joiners and farmers.

According to the ONS figures the number of self-employed workers in the construction industry comprises 44% of all workers.

Steve Murphy, General Secretary of UCATT, said; “The rise in self-employed construction workers is due to companies cutting costs by pretending workers are self-employed. False self-employment denies workers basic rights, denies the Treasury income, increases safety problems and threatens the long-term health of the construction industry”.

Companies using falsely self-employed workers avoid paying Employers National Insurance contributions of 13.8% per worker. The loss to the Treasury due to false self-employment in construction is estimated to be just under £2 billion per annum.

False self-employed workers are denied basic employment rights. They don’t receive holiday or sick pay, don’t receive pension payments and can be sacked at a moment’s notice. Self-employed workers are at greater risk of workplace injury and companies which use falsely self-employed workers are unlikely to train apprentices.

False-self-employment in construction is fuelled by the Construction Industry Scheme (CIS) a unique stand-alone tax system. Unlike other forms of self-employment, workers are taxed at source but are entitled to make a self-assessment return.

In UCATT’s recent report into payroll companies The Great Payroll Scandal it was revealed that the number of workers operating under CIS over the last 3 years had increased by 30,000 from 740,000 to 770,000 at a time when the number of construction workers was falling due to the recession.

Mr Murphy, added: “The Government has got to stop putting its head in the sand. False self-employment is out of control in the construction industry. This is unfair on the workers who are denied their rights and on the companies that don’t cut corners and employ workers properly.”

Delegates from construction union UCATT have enjoyed a busy and productive STUC Congress in Perth.

UCATT moved a motion condemning the use of payroll companies, which are increasingly being used in construction to deny workers basic employment rights. Workers are forced to sign a contract with a payroll company which states that they are self-employed, in order to secure work. The payroll company’s only involvement is to process payments to the worker. The payroll company then deducts an amount for its services directly from the worker’s pay.

Moving the motion UCATT delegate Paul Mooney, said: “This is about basic employment rights. In the 21st century it is outrageous that bosses can still find ways to avoid paying holidays or to sack workers at will.”

UCATT also won support for an amendment to the main motion on blacklisting. UCATT’s amendment highlighted the weakness of the existing blacklisting regulations, called for blacklisting to become a specific criminal offence and demanded the introduction of an automatic right for all blacklisted workers to receive compensation.

Speaking to the amendment UCATT delegate Jonsen Green, said: “The taxpayer should not meet this compensation. Primary legislation should be introduced to impose a levy on those companies, which made use of the blacklist. This levy would be used to finance the retroactive compensation scheme.”

UCATT delegates spoke in debates concerning the Conservative-led Government’s attacks on employment rights and supported calls for the introduction of proper craft based apprentice schemes to tackle the growing problem of youth unemployment.

UCATT also backed a call for the Scottish Government’s procurement policies to contain Community Benefit Clauses. The introduction of such clauses would bar companies involved in tax avoidance policies or who had been involved in blacklisting from bidding for major public sector contracts.

A new revised and amended edition of the Construction Industry Joint Council (CIJC) Working Rule Agreement comes into effect from today (May 1st).

The CIJC Working Rule Agreement is the largest industrial agreement in the construction industry and around 500,000 workers are covered by its terms and conditions.

The new agreement has several significant additions to it including a clear anti-blacklisting rule and a rule forbidding the use of rolled up holiday pay.

For the first time the agreement includes separate rules for highways maintenance workers which take into account the specific working conditions of these workers.

The revised agreement also includes new rules on how companies should introduce and implement the auto-enrolment pension scheme and provides clarity on how companies should register construction workers with the B&CE’s accident and death benefit schemes.

Steve Murphy General Secretary of Construction Union UCATT and the Operatives Secretary of the CIJC, said: “Following long and complex negotiations important changes have been made to the CIJC, in order to ensure that the agreement remains fully relevant to construction workers.”

The revised agreement has also tidied up and simplified wording on industrial sick pay and guaranteed minimum earnings. Tower cranes drivers will in future receive the craft pay rate.

View the latest CIJC Working Rule Agreement on the UCATT website.

Construction union UCATT have welcomed recent decisions that could significantly increase the holiday pay of construction workers.

Previously variable payments such as non contractual overtime, out of hours’ payments and bonus payments were not included in holiday pay for those with normal contractual hours. However following decisions made at the European Court of Justice and the Supreme Court in the case of BA v Williams the courts have ruled that holiday pay should be paid at a workers normal remuneration.

A recent employment tribunal has ruled that non contractual overtime should be included in the calculation for holiday pay. However this will only apply to the minimum 4 weeks (20 days for five day working) set out in the European legislation and the 1998 Working Time Regulations. It is hoped the rule will be extended to the full 5.6 weeks ( 28 days for five day working) in the near future.

It is important to remember that a shortfall of holiday pay can be claimed as an unlawful deduction from earnings. Any shortfall of holiday pay over a continuous period can be regarded as a continuous period of unlawful deduction and could date back years rather than just three months under the Working Time Regulations.

However if an employer starts correctly paying holiday pay or if an employee leaves that employment they then only have three months minus a day to make a claim for unfair deduction of earnings.

Steve Murphy, General Secretary of UCATT, said: “Holiday pay should represent a worker’s normal pay. Employers must do the right thing and make sure that workers get the holiday pay they are entitled too.”

UCATT and Liverpool City Council audit the housebuilding supply chain  

UCATT is working with Liverpool City Council to make sure that its procurement policies are being put into practice in its housebuilding programme. The local authority is spending more than £200 million delivering 1,500 new homes and bringing a further 1,000 back into use.

It has appointed a consortium made up of private housing developer Redrow Homes, affordable housing provider Liverpool Mutual Homes (LMH) and building contractor Willmott Dixon.

UCATT is helping to design a confidential questionnaire survey that will be used to make sure that contractors all the way down the supply chain are using best practice when it comes to:

• employment practices – including holiday pay, rates of pay, direct employment, using local labour, workforce diversity (including employing black and minority ethnic (BME) and women construction workers) and general compliance with employment law;
• training – basic and upskilling, taking on apprentices and offering qualifications through the on-site accreditation and training (OSAT) route; and
• health and safety – including the provision of personal protective equipment (PPE).

West Oak Construction compensates UCATT members

UCATT has won compensation in excess of £60,000 for ten members who lost their jobs when the Altringham-based company West Oak Construction went into receivership earlier this year. The Employment Tribunal awarded them a “protective award” (see http://www.ucatt.org.uk/redundancy for more information).

“We have seen many construction companies going into receivership during the recession and many workers losing their jobs as a result,” said North West Regional Secretary Andy Fisher. “In many cases, UCATT has been able to win compensation for our members where the employer has failed to consult properly about job losses in advance.”

The consultation must last at least 30 days where more than 20 employees but less than 100 are affected. Since April 2013, for over 100 employees, the consultation period has been halved to 45 days.

“If this happens to you, contact the Regional Office as soon as possible as there are strict time limits for making a claim,” he added.

UCATT says Britain needs a pay rise

UCATT activists from the North West Region joined thousands of trade unionists on the TUC Britain Needs a Pay Rise demonstration in London on 18 October.

New UCATT Union Learning Fund (ULF) Project Case Studies

UCATT has published two new case studies to highlight the work it is involved in to develop new learning opportunities in workplaces and local communities in the Region.

The first looks at how UCATT is working in partnership with the Stockport-based social enterprise B4Box to create learning, training and skills opportunities for the B4Box workforce, the workforce at Stockport Homes and local residents. The second looks at how UCATT has helped to tackle the construction skills gap by working in partnership with Kier Construction and Preston’s College at the URENCO Capenhurst nuclear site near Chester.

Download:B4Box Case Study.pdf

Download:Capenhurst Case Study.pdf

UCATT to help Labour fight Bootle and Weaver Vale at General Election

UCATT’s North West Region is providing support for Labour’s Prospective Parliamentary Candidates (PPCs) Peter Dowd in Bootle and Julia Tickeridge in Weaver Vale in Cheshire. Labour’s Joe Benton has held the Bootle seat since 1990 but is retiring at the next election. Julia is aiming to take Weaver Vale back from the Conservatives.

UCATT members who want to help canvass or deliver leaflets in these constituencies please contact Regional Office.

Holiday pay ruling

UCATT has welcomed the recent Employment Appeals Tribunal (EAT) decision that overtime should be included when calculating workers’ holiday pay. If UCATT members believe that they are being underpaid for their holidays they should contact their UCATT Regional Office as soon as possible. There are strict deadlines for making a claim. See more at: http://www.ucatt.org.uk/ucatt-welcomes-holiday-pay-overtime-decision.

UCATT members in the NHS take strike action over pay

UCATT members working in the NHS were out on strike across the Region on 13 October in support of their pay claim. The action was taken by eleven unions after the government failed to honour the NHS Pay Review Body’s recommendation that all NHS staff should receive a 1% increase in pay.  Another four-hour stoppage will take place on Monday 24 November.

UCATT demands a pay rise

UCATT Yorkshire Regional Council members and other activists joined thousands of trade unionists on the TUC Britain needs a pay rise demonstration on 18 October.

UCATT takes part in European health and safety week

UCATT safety reps around the Region used UCATT’s leaflet on work-related stress to raise awareness about the issue during European Health & Safety Week which took place last month.  They held toolbox talks and raised the issue at safety committee meetings.

During the week, UCATT Regional Secretary Rob Morris, Regional Organiser Mark Jessop and Regional Council Chair Frank Tyas attended the event at New York Stadium in Rotherham. This was jointly organised by local authorities across South Yorkshire and aimed to raise awareness of the growing problem of work-related stress, provide and promote the use of simple, practical tools and guidance for managing stress in the workplace and highlight the positive effects of managing psychosocial risks and stress in the workplace for everyone involved.

“The event was well attended by business people, trade unionists and shop floor workers. It was extremely beneficial and we will be looking to make sure that construction employers put measures in place to tackle stress in our sector,” said Regional Secretary Rob Morris.

Meanwhile at Kingstown Works in Hull, UCATT reps Gary Crooks and Paul Gibson joined Regional Organiser John McIntyre on a UCATT information stall which ran throughout the day. They gave UCATT members information and advice on asbestos, personal protective equipment (PPE), occupational diseases and personal injury claims as well as stress at work.

“The day was a great success,” said Regional Organiser John McIntyre. “Our reps were pleased that they were able to interact with their members. Such is the pace of work in many housing maintenance depots that employees don’t often get the opportunity to speak with their UCATT reps these days.”

Yorkshire activists hear about UCATT’s work with apprentices and young people

The Region’s September 2014 activists’ meeting in Doncaster heard a presentation by the union’s National Youth & Apprentices Organiser Keir Morrison. He provided an update on the challenges facing the union’s apprentices and young members and how UCATT is helping them to overcome these.

The next activists’ meeting will be addressed by Dave Douglas from the Orgreave Truth and Justice campaign (http://otjc.org.uk/). The meeting takes place at 10.30am on Saturday 29 November at Doncaster Trades Club, Second Floor, Frenchgate, Doncaster, South Yorkshire DN1 1LL. All UCATT members welcome.

Yorkshire Region launches new social media accounts

The Yorkshire Region now has its own Facebook page. Find it by searching for UCATT Yorkshire Region in Facebook, like it to get updates and join it to take part in discussions and find out what’s going on in the Region.

It also has a new Twitter account. You can follow the Region @UCATTyorkshire.

UCATT welcomes holiday pay ruling on overtime

UCATT has welcomed the recent Employment Appeals Tribunal (EAT) decision that overtime should be included in calculating workers’ holiday pay. If UCATT members believe that they are being underpaid for their holidays they should contact their UCATT Regional Office as soon as possible. There are strict deadlines for making a claim.

See more at: http://www.ucatt.org.uk/ucatt-welcomes-holiday-pay-overtime-decision.

Fight for justice for ex-Connaught workers continues after Employment Tribunal defeat

Regional Secretary Brian Rye said that UCATT was “absolutely committed to fighting for justice” for ex-Connaught workers based in Norwich who were made redundant when the company fell into administration in September 2010 following a defeat in the Employment Tribunal. It was the latest development in a long-running battle for justice for the workers, who were employed by Connaught and were undertaking council housing repair work on an outsourced Norwich City Council contract.

UCATT argued in the tribunal on behalf of the workers that when Connaught went into administration their contracts transferred to other companies and their staff should have been TUPE transferred with the new contracts.

If UCATT had been successful the workers could have claimed for unfair dismissal and other rights against the companies taking over the contracts. Unfortunately the Employment Tribunal ruled that no TUPE transfer took place. The union is now considering making a claim on behalf of the workers for a “protective award” (see http://www.ucatt.org.uk/redundancy) as Connaught failed to inform and consult the workforce before making them redundant. If this claim is successful the workers will be paid by the Government’s Insolvency Service for eight weeks pay at the statutory maximum amount.

“The ex-Connaught workers are bitterly disappointed with the decision by the employment tribunal. Despite this setback UCATT is absolutely committed to fighting for justice for the workers and we will be using every legal avenue left open to us,” said Mr Rye. “The Connaught workers in Norwich were made redundant without warning and deserve proper compensation for the appalling manner in which they were treated.”

UCATT members in the NHS take strike action over pay

UCATT members working in the NHS were out on strike across the Region on 13 October in support of their pay claim. The action was taken by eleven unions after the government failed to honour the NHS Pay Review Body’s recommendation that all NHS staff should receive a 1% increase in pay.  Another four-hour stoppage will take place on Monday 24 November.

UCATT says Britain needs a pay rise

UCATT activists from the Eastern Region joined thousands of trade unionists on the TUC Britain Needs a Pay Rise demonstration in London on 18 October.

Eastern Regional Council member Jim Gamble (second from right) on TUC Britain Needs a Pay Rise demonstration

UCATT takes part in European health and safety week

UCATT safety reps used UCATT’s leaflet on work-related stress to raise awareness about the issue during European Health & Safety Week which took place last month.  

Holiday pay ruling

UCATT has welcomed the recent Employment Appeals Tribunal (EAT) decision that overtime should be included when calculating workers’ holiday pay. If UCATT members believe that they are being underpaid for their holidays they should contact their UCATT Regional Office as soon as possible. There are strict deadlines for making a claim. See more at: http://www.ucatt.org.uk/ucatt-welcomes-holiday-pay-overtime-decision.

Strike action suspended in NHS Wales following improved pay offer

UCATT members in NHS Wales suspended strike action planned for 10 November after the Welsh Government put forward a substantially improved pay offer. The trade unions’ demands in this dispute have been:

1. Immediate implementation of the Pay Review Body recommendation of 1% consolidated pay on all pay points

2. Implementation of the Living Wage

3. An end to the pay freeze for 2015/16

4. Commitment to delivering fair pay in the future

The new offer includes:

A two-year pay deal including:

• A non-consolidated, non-pensionable lump sum payment of £187 (full time equivalent) to be payable to all Agenda for Change employees.Employed staff will continue to receive incremental progression on top of this. (The original proposal was for a £160 lump sum.)

• Agenda for Change pay scales uplifted by 1% from 1 April 2015 (in addition to incremental progression).

• The introduction of the Living Wage (£7.85 per hour) for NHS Wales employees from 1 January 2015. This will mean a pay increase of between 2.5% and 5% for around 4,500 NHS staff in Wales currently earning less than the Living Wage.

• The setting up of an NHS Workforce Commission. Among other tasks, this will make recommendations on an appropriate long term pay strategy and total reward package for those currently covered by Agenda for Change terms and condition.

Full details of the offer are set out in a UCATT briefing to members. The joint trades unions, including UCATT, are recommending that members accept the offer.

UCATT demands a pay rise

UCATT Wales and South West Regional Secretary Nick Blundell and Regional Organisers Dave Gunter and Tim Morris joined UCATT activists including Terry Palfrey, Mike Frayne and Jim O’Regan, as well as thousands of other trade unionists, on the TUC Britain needs a pay rise demonstration on 18 October.

UCATT Shop Steward Mike Frayne (left), UCATT Wales and South West Regional Organiser Dave Gunther (second left) and UCATT Wales and South West Regional Council member Terry Palfrey (centre) join UCATT activists from other Regions at the TUC Britain Needs a Pay Rise Demonstration in London.

Region holds successful safety reps’ seminar

UCATT safety reps in the Wales and South West Region enjoyed a very successful health and safety seminar last month. 

“We were very pleased with the event. It struck a good balance between providing reps with new information – including an update on employment law developments – and allowing time for debate and discussion,” said UCATT Wales and South West Regional Secretary Nick Blundell.

European health and safety week

UCATT safety reps around the Region used UCATT’s leaflet on work-related stress to raise awareness about the issue during European Health & Safety Week which took place last month.

UCATT welcomes holiday pay ruling on overtime

UCATT has welcomed the recent Employment Appeals Tribunal (EAT) decision that overtime should be included in calculating workers’ holiday pay.

Regional Secretary Nick Blundell has written out to all shop stewards in the Region to alert them to the decision, issuing them with questionnaires to hand-out to members. If UCATT members work overtime or receive stand-by and callout payments and believe that they are being underpaid for their holidays, they have been advised to contact their UCATT Regional Office as soon as possible. There are strict deadlines for making a claim.

The legal remedy for underpayment of holiday pay is via the Employment Tribunal in claims for unlawful deduction from wages. UCATT will be lodging collective claims on behalf of members who can demonstrate that they have had their holiday pay miscalculated and instructed the union to act on their behalf.

“From the information members have submitted and we have assessed so far, we believe that there is a very realistic prospect of success in many cases,” said Nick.

See more at: http://www.ucatt.org.uk/ucatt-welcomes-holiday-pay-overtime-decision.

UCATT members in the NHS take strike action over pay

UCATT members working in the NHS were out on strike across the Region on 13 October in support of their pay claim. The action was taken by eleven unions after the government failed to honour the NHS Pay Review Body’s recommendation that all NHS staff should receive a 1% increase in pay.  Another four-hour stoppage will take place on Monday 24 November.

UCATT Northern Regional Organisers join UCATT members on strike outside Sunderland Hospital

UCATT says Britain needs a pay rise

UCATT activists from the Northern Region joined thousands of trade unionists on the TUC Britain Needs a Pay Rise demonstration in London on 18 October.

UCATT Northern Region activist Alan Stansfield (left) joins the march

Blacklisting demonstration

UCATT’s Northern Region joined a joint trade union protest against blacklisting in Darlington as part of a campaign to name and shame construction industry managers who have been involved in the practice but have yet to come clean or apologise.

European health and safety week

Safety reps, convenors and Regional Organisers used a UCATT leaflet to raise awareness about work-related stress during European Health & Safety Week, which took place last month. For example, Regional Organiser Tom Usher organised an event at social housing provider Gentoo in the Wear Valley. Meanwhile Health and Safety Advisor Peter Wilson attended several work-related stress workshops, briefings and toolbox talks on sites across the private and public sectors.

“Most workers did not know the Health and Safety Executive (HSE) Stress Management Standards even existed and most were unable to name any of the HSE’s six stress factors, so it was a good opportunity to raise awareness about how these standards could help to reduce stress in the construction industry,” said Peter. “In both sectors there is a stigma attached to stress which is clearly a concern.”

More information about the HSE Stress Management Standards can be found on its website at: http://www.hse.gov.uk/stress/standards/.

UCATT Health and Safety Advisor receives HSE accolades

UCATT Health and Safety Advisor Peter Wilson received two glowing endorsements from the Health and Safety Executive (HSE) for his work on construction dust and on the HSE Strategic Forum for Construction Plant Safety and CONIAC Advisory Committee Safety Working Group.

In a letter to Peter, HSE Principal Inspector Joy Jones said he "had been a bastion for worker representation" and thanked him and UCATT for their work. HSE construction inspector Chris Lucas, who is in charge of co-ordinating HSE's activity on construction dust, also wrote to Peter to express his appreciation for “the help, support and resource that you personally, and your union as a whole, have given in moving this issue forward.”

“Well done and well deserved Peter from everyone here in the Northern Region,” said UCATT Northern Regional Secretary Denis Doody.

Peter Wilson (front left) at one of the recent events he attended to raise awareness about stress during European Health and Safety Week

UCATT backs Labour PPC Anne Turley in Redcar

UCATT Northern Regional Council and UCATT National Political Network member Terry Clark are providing support for Labour’s Prospective Parliamentary Candidate (PPC) Anna Turley in her bid to take the Redcar seat at the General Election.

“The seat is currently held by the Liberal Democrats, but it has been a Labour seat before and we believe it will be a Labour seat again in 2015,” said Northern Regional Secretary Denis Doody. “We are asking our members in Teeside and beyond for their help in winning back this crucial seat.”

If anyone can help with distributing leaflets or door knocking please contact Terry on tcclarktc@googlemail.com or contact the Regional Office.

Holiday pay ruling

UCATT has welcomed the recent Employment Appeals Tribunal (EAT) decision that overtime should be included when calculating workers’ holiday pay. If UCATT members believe that they are being underpaid for their holidays they should contact their UCATT Regional Office as soon as possible. There are strict deadlines for making a claim. See more at: http://www.ucatt.org.uk/ucatt-welcomes-holiday-pay-overtime-decision.

UCATT members in the NHS on strike over pay

UCATT members working in the NHS were out on strike across the Region on 13 October in support of their pay claim. The action was taken by eleven unions after the government failed to honour the NHS Pay Review Body’s recommendation that all NHS staff should receive a 1% increase in pay.  Another four-hour stoppage will take place on Monday 24 November.

UCATT Midlands Region demands a pay rise

UCATT activists and organisers from the Midlands Region joined thousands of trade unionists on the TUC Britain needs a pay rise demonstration on 18 October.

Midlands Regional Organisers Sharon Harding (left) and Andy Johnston (holding banner left) join UCATT activist Stuart Grice (holding banner right) on the march

UCATT takes action during European health and safety week

UCATT safety reps around the Region used a UCATT leaflet to raise awareness about work-related stress during European Health & Safety Week, which took place last month.  They held toolbox talks and raised the issue at safety committee meetings.

At Aspire Housing, stewards set up an information table in the depot stores. They gave out information on asbestos as well as stress. Carpenter Matt Mills, pictured below with UCATT stewards Geoff Durber and Steve Brady, was shocked to discover that asbestos kills around 20 tradesmen every week.

UCATT Regional Organiser Stuart Baker (left), UCATT shop stewards Geoff Durber (second  left) and Steve Brady (right) and carpenter Matt Mills (second right) during European Health and Safety Week

50 years of UCATT membership

Midlands Regional Organiser Stuart Baker presented bricklayer Steve Barnard with an award to mark his 50 years of UCATT membership as part of the 68^th Leicester Veterans Annual Meeting organised by Barry Wayne.

Steve Barnard receiving his award from Midlands Regional Organiser Stuart Baker at the Leicester Veterans Annual Meeting.

UCATT branch congratulates Sandwell Housing Director on his Three Peaks Challenge

UCATT’s Sandwell Branch congratulated Sandwell Council Housing Director Adrian Scarrott after he achieved the Three Peaks Challenge to raise money to support a local women’s refuge. The branch also made a donation.

Midlands Regional Organiser Stuart Baker and Sandwell Deputy Senior Steward Stewart Hall present a £50 cheque to Sandwell Council Housing Director Adrian Scarrott

UCATT welcomes holiday pay ruling on overtime

UCATT has welcomed the recent Employment Appeals Tribunal (EAT) decision that overtime should be included in calculating workers’ holiday pay. If UCATT members believe that they are being underpaid for their holidays they should contact their UCATT Regional Office as soon as possible. There are strict deadlines for making a claim. See more at: http://www.ucatt.org.uk/ucatt-welcomes-holiday-pay-overtime-decision.

Shop stewards’ seminar focuses on organisation and recruitment

Shop stewards from across Northern Ireland gathered for a second one-day seminar on organisation and recruitment last month.

“Several new shop stewards attended the seminar, which was even more successful than the one we held last year,” said UCATT Regional Organiser Michael Keenan. “The focus was on building UCATT in Northern Ireland. It helped to develop the skills of our shop stewards in order to increase membership levels and build organisation.”

UCATT North West Regional Secretary Andy Fisher with UCATT activists at the Northern Ireland Recruitment and Organisation Capacity Building Seminar.

Holiday pay ruling

UCATT has welcomed the recent Employment Appeals Tribunal (EAT) decision that overtime should be included when calculating workers’ holiday pay. If UCATT members believe that they are being underpaid for their holidays they should contact their UCATT Regional Office as soon as possible. There are strict deadlines for making a claim. See more at: http://www.ucatt.org.uk/ucatt-welcomes-holiday-pay-overtime-decision.

UCATT London and South East Region in national day of action against umbrella companies

UCATT London and South East Region activists and organisers demonstrated outside the Lend Lease development in Victoria on Wednesday 26th November as part of a national day of action in protest at construction workers being forced to work via umbrella companies. Being paid through an umbrella company is costing workers up to £100 a week and the problem of workers being exploited by umbrella companies is now endemic across London.

“Workers are being ripped off by the umbrella company con-trick and they are now struggling to make ends meet. It is disgraceful how employers can get away with exploiting construction workers in this way,” said UCATT London & South East Regional Secretary Jerry Swain. “Workers are given no choice, either they work via an umbrella company, or they don’t work at all. The Government must step in and crackdown on this exploitation.”

The demonstration was followed by a lobby of Parliament and a meeting of Labour MPs and trade union leaders including UCATT General Secretary Steve Murphy.

UCATT London & South East Regional Secretary Jerry Swain (second from right) and Regional organisers Vince McCoy (third from left) and Mark Soave (front right) with UCATT activists demonstrating against umbrella companies outside the Lend Lease development in Victoria

(See more photographs of the demonstrations around the country at: https://www.ucatt.org.uk/umbrella-company-day-action)

UCATT wins 14%-plus pay rise for crane drivers following strike action at HCT Plant Ltd

UCATT crane drivers employed by HTC Plant Ltd agreed a new pay offer and called off a further round of strike action due to take place at the end of November. The three year pay deal is worth over 14% on basic rates. The new agreement also means that the bonus rate has been consolidated into the basic rate and a further raft of expenses and allowances, which workers previously enjoyed, have been reinstated.  The crane drivers took a day of strike action on 7 November bringing many of London’s high profile sites to a standstill.

Strike action in NHS pay dispute continues

UCATT members working in NHS hospitals across the capital took part in the latest round of strike action in their ongoing pay dispute after the government failed to honour the NHS Pay Review Body’s recommendation that all NHS staff should receive a 1% increase in pay. Eleven trade unions representing NHS workers including nurses, midwives, cleaners, pharmacists, scientists, porters, secretaries, paramedics, occupational therapists, radiographers, dieticians, healthcare assistants, kitchen and maintenance staff staged a four-hour stoppage in the morning on Monday 24 November 2014.

UCATT members on strike outside the Maudsley Hospital in south London

Call for more UCATT safety reps

UCATT’s latest Stage 1 Health and Safety course got underway at the union’s head office last month. London and South East Regional Secretary Jerry Swain is urging more UCATT members to take on the role of safety rep.

“This is a priority for our Region as we move into the New Year and our organisers will be pushing hard for more UCATT safety reps,” he said. "The Region is committed to ensuring all safety reps receive adequate training."

If you are interested in becoming a UCATT safety rep and want to find out more about the training on offer, please contact the Regional Office on 020 7622 2362.

Southwark Council’s new apprentices sign up to UCATT

Eight new craft apprentices who recently began “earning while learning”  at Southwark Council have all joined the union after Southwark Council UCATT Convenor Neil Tasker and Shop Steward Julie Phipps and London and South East Regional Organiser Mark Soave met them as part of their induction. The union has recently reduced its subs for apprentices to as little as 50p per week.

Craft apprentices at Southwark with UCATT Regional Organiser Mark Soave (left), Convenor Neil Tasker (third from left) and Shop Steward Julie Phipps (right)

Holiday pay claims lodged

Following a recent Employment Appeals Tribunal (EAT) decision that overtime should be included in calculating workers’ holiday pay, the Region has submitted more than 300 claims to the ACAS “early conciliation” process on behalf of members.

Region hosts Norwegian delegation

The London and South East Region recently hosted a 20-strong delegation from the Norwegian construction trade unions. They were interested in finding out more about how UK construction unions organise and how they work jointly with employers to improve safety and UCATT London & South East Regional Secretary Jerry Swain presented UCATT’s work in these areas.

“The visit gave us the opportunity to find out more about how our counterparts organise in different parts of the world. We were all able to learn something and share examples of best practice,” he said.

Following the presentation the delegation visited a major development in the City of London accompanied by UCATT Regional Organiser Andy Rudd and UCATT Convenor Lee Dove.

Construction union UCATT have played a key part in committing the Labour Party to a fundamental and radical review of the party’s policies on employment rights.

UCATT seconded a motion which was overwhelmingly supported by Conference which commits the Labour Party to hold a working party to bring forward a “New Deal for Workers to be published in advance of Party Conference 2016”.

The motion suggests that a New Deal for Workers should include:
• A Ministry of Labour to advance the interests of workers.
• New employment measures that “ensures that all workers are entitled to full employment rights from day one of employment”.
• Replacing the minimum wage with a genuine Living Wage
• The abolition of Employment Tribunal Fees.

Seconding the motion Brian Rye, Acting General Secretary of UCATT, said: “For the majority of private sector construction workers. Employment tends to be: nasty, brutish and short. Most workers do not have a permanent employer. Most large construction companies barely employ a single construction worker.”

Mr Rye, added: “A lack of employment protection is creating a race to the bottom. Where workers, especially those with fewer skills are exploited and ripped off.
The fear of losing your job and being undercut creates: fear, bitterness and resentment.”

Construction union UCATT has won a significant victory against an umbrella company for the unlawful deduction of wages.

The UCATT member based in the North West took a case against umbrella company Paystream My Max Ltd to an employment tribunal. The employment tribunal judge found in UCATT’s favour as the respondents (Paystream My Max Ltd) “were not open and transparent”.

The UCATT member was awarded just under £4,000 for unlawful deductions as the judge assessed that our member had not agreed to deductions to be made for the employer’s national insurance contributions, the employer’s pension contributions, a margin payment (the umbrella company’s charge) and that holiday pay was rolled up into the rate.

Brian Rye, Acting General Secretary of UCATT, said: “This was a highly significant victory as it demonstrated that there is an opportunity to challenge the fairness of the practices of umbrella companies in tribunals. I would like to praise the courage of our member in taking the case and the hard work of the regional officials in supporting him throughout the process.
“Whenever UCATT has the clear opportunity to legally challenge the legality of umbrella companies we will not hesitate in doing so.”

Mr Rye, added: “Although this was a significant victory, this case is far from a magic bullet in the fight against umbrella companies. There is a multi-million pound industry which seeks to legitimise umbrella companies and false self-employment in construction. The problem of umbrella companies will continue until they are outlawed from the industry.”

UCATT are urgently seeking a resolution to problems regarding Christmas holiday pay for some workers on the Queensferry Crossing.

The workers, the majority of whom are employed by Galliford Try, have been trying to resolve problems with their holiday pay which in some cases date back to the start of the year. The company has failed to provide the workers with an effective breakdown of how they have calculated their average holiday pay, which has led to fears that the workers are being short changed.

Harry Frew, Regional Secretary of UCATT Scotland, said: “This is a really regrettable situation which could and should have been prevented. In the 21st century major companies should easily be able to provide a proper breakdown of how they are paying their workers. UCATT are now trying to resolve this issue as quickly as possible.”

Workers have recently received their holiday pay prior to the standard fortnight shutdown in the construction industry over the Christmas and New Year period. In some cases the workers concerned have regularly been working 60-70 hours a week which should be reflected in their holiday pay.

UCATT officials have brokered a deal to resolve a dispute on the Queensferry Forth Road Crossing development.

A large number of workers, the majority of them employed by Galliford Try, walked off the job on Thursday (17th December) as they believed that they had been underpaid for the fortnight industry shutdown over Christmas and New Year, which begins today (December 18th).

Following emergency talks it became clear that the company was currently unable to assess how much each worker was owed. In order to resolve the dispute it was agreed that each worker would receive £500 as an interim payment.

Each worker’s actual holiday entitlement will then be calculated in the new year. If it transpires a worker has been overpaid this will be gradually clawed back from future wages in a way to avoid the worker experiencing a major financial detriment.

Harry Frew, Regional Secretary of UCATT, Scotland, said: “We have brokered a sensible solution to an entirely preventable problem. Thankfully once the company recognised the depth of feeling amongst its workforce they worked with us to find a sensible solution.”

Mr Frew added: “If in the new year workers still have concerns over their holiday pay they should contact their UCATT representatives for further assistance.”