Building and Property

Blacklisting case heads for the High Court

Picture of a demonstration by the Blacklist Support Group for Your Expert Witness storyA case brought against construction giant Carillion in the so-called ‘blacklisting’ affair will be subject to a full two-day hearing in front of a High Court judge, it has been decided.

The decision was made by Mr Justice Singh at an Employment Appeal Tribunal hearing in London, in the case brought by electrician Dave Smith. The judge noted that the case could have a legal importance “going well beyond this case or even blacklisting”.

John Hendy QC, acting for Mr Smith, argued that the original tribunal decision to dismiss Mr Smith’s appeal for unfair dismissal – in essence that Carillion was not liable because he was employed by an agency – is in violation of the Human Rights Act and Articles 8 and 11 of the European Convention on Human Rights and that these pieces of legislation should apply to all ‘workers’ and not just direct employees.

He said: “It would be extraordinary if English law…could not provide a remedy to Mr Smith.”

A report in Building magazine stated: “Judge Singh, a specialist in human rights law and a High Court judge of the Queen’s Bench division, said that the case should now proceed to a full hearing and said the potential implications regarding the Human Rights Act meant it should be heard by a High Court judge rather than by another employment tribunal. He added that the case may be heard by him or another judge.”

A spokesperson for Carillion is reported as saying: “Carillion was not permitted to appear on the appeal hearing today as that was purely for Mr Smith and his lawyers, but Carillion will of course be represented at the full hearing of this appeal in due course.

“Carillion believes the original decision was legally correct, and is fully prepared to defend that tribunal decision at Mr Smith’s appeal.

“Carillion does not engage in or condone blacklisting and has been totally open about its past use of referencing services through a subsidiary Crown House, which ended years before blacklisting was made illegal.”