Judges accept former union rep was blacklisted, but upholds previous High Court ruling
Blacklisting campaigner Dave Smith has lost his appeal against Carillion, after the Court of Appeal ruled that the Human Rights Act had 鈥渘o application鈥� in his case.
The former union rep and electrician claimed he was repeatedly dismissed and refused work once his name appeared on The Consulting Association (TCA) blacklist, while working on sites for Carillion subsidiary Mowlem in the 1990s.
Smith lost an employment tribunal in January 2013, which ruled that he was working through an employment agency and therefore not protected by UK employment law, a decision upheld by the High Court a year later.
QC John Hendy, acting for Smith, argued that the ruling was a breach of the Human Rights Act.
The Court of Appeal judges accepted that 鈥淢owlem had provided information about the appellant to TCA鈥� for the purpose of penalising him for taking part in the activities of an independent trade union and acting as a safety representative, and that the provision of this information caused him a detriment鈥�.
However, the judges ruled that 鈥渢he Human Rights Act has no application to the particular complaints advanced in this case鈥�, as the blacklisting occurred 鈥減rior to the Human Rights Act coming into force on 2 October 2000鈥�.
They added that the case 鈥渞aised interesting and complex issues which may have to be resolved on another occasion鈥�.
Dave Smith said: 鈥淭his might be the law, but it is not justice. It is time for parliament to change the law.鈥�
Mowlem was acquired by Carillion in 2006. Carillion was contacted by 黑洞社区 for comment but did not respond.
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