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Consulting Association

From Alfawiki
The Consulting Association
Company typeUnincorporated trade association
IndustryConstruction industry
Founded1993
ProductsBlacklist database of construction workers

The Consulting Association (TCA) operated as a UK-based entity, described by its principal figure as an "unincorporated trade association" without profit motives, located in Droitwich. Between 1993 and 2009, it compiled and maintained a database of British construction workers implicated in a significant "blacklisting" controversy. The revelation of this database triggered TCA's shutdown, led to the enactment of the Employment Relations Act 1999 (Blacklists) Regulations 2010, prompted a Parliamentary investigation, resulted in High Court compensation payouts estimated from £50 million to £250 million, and initiated proceedings before the European Court of Human Rights.

Background

Established in 1993, The Consulting Association succeeded the Economic League, which had previously overseen the construction sector's blacklist before being dissolved following adverse media attention and a parliamentary probe.

The construction company Sir Robert McAlpine Ltd contributed £20,000 to form TCA, acquiring the blacklist database from the Economic League and appointing former employee Ian Kerr as its manager. Furthermore, McAlpine invested an additional £10,000 in CAPRiM, another Economic League offshoot, under a non-interference agreement with TCA. In testimonies before the Scottish Affairs Committee, TCA’s director Callum McAlpine stated that at least fourteen leading construction and civil engineering firms cooperated in establishing The Consulting Association—a statement corroborated by Kerr’s evidence.

Blacklisting

Frequently referred to as a "list" by media outlets and one of TCA’s founders, the database functioned as an employment blacklist targeting workers involved in trade union activities or outspoken on matters such as health and safety concerns. Numerous individuals included were branded "troublemakers" or "militant" by prior employers; files also documented personal connections and those who had initiated employment tribunal claims.

Affected workers contend that blacklisting denied them employment opportunities and violated their human rights. Following 2008 media disclosures concerning dismissals during the construction of Manchester Royal Infirmary and subsequent intervention by the Information Commissioner's Office (ICO) in 2009, it was revealed that The Consulting Association maintained records on 3,213 construction workers, encompassing political activists, environmental campaigners, shop stewards, and health and safety representatives. Later reports suggested this number represented only a portion of the total files, with unconfirmed estimates—refuted by the ICO—of up to 60,000 workers potentially affected. Among those listed were 240 women, many associated with environmental activism, including Helen Steel from the 'McLibel case'.

Entries contained remarks such as "will cause trouble, strong TU trade union," "ex-shop steward, definite problems," highlighting union membership as a principal criterion for inclusion. Trade unionist Brian Higgins held the most extensive blacklist file, spanning 49 pages.

Member organisations

Early involvement included companies like Bovis and G. Percy Trentham, which later withdrew.[1] The ICO identified over forty construction firms as either current or previous users of The Consulting Association:[2]

There is ongoing speculation that blacklisting practices may have continued beyond March 2009 through third-party employment agencies.[3]

Trade union collusion

Ian Kerr referred to "a specific connection between a human resources manager in a particular region and the union’s regional officer."

An employment tribunal disclosed that Liz Keates from Carillion held meetings with several employers alongside Amicus union representative Roger Furmedge to coordinate efforts preventing members of another union, TGWU/EPIU, from gaining site access at Manchester Piccadilly.

A segment from a worker blacklist file maintained by The Consulting Association indicated:

Key:

  • BMcA = Bernard McAuley, national officer for construction at Unite, formerly associated with UCATT and later EETPU
  • 3292 = Emcor Rail
  • 3293 = Diamond M&E Services
  • M.C. = Main Contractors
  • I.C. = Ian Coates, ex-labour manager at Haden Young and council member of the Heating and Ventilating Contractors Association
  • D Simpson = Derek Simpson (trade union figure)
  • EPIU = Electrical Plumbing Industrial Union

Stephan Quant asserted that he hosted trade union representatives, including UCATT regional officer Jeremy Swain, at his Naval and Military Club, illustrating long-established close ties.

In 2013, UCATT’s executive council declared that industrial relations managers would no longer receive invitations to their conference starting in 2014.

By December 2021, the construction union Unite began investigating potential collusion involving blacklisting by current and former union officers. Its legal team compiled evidence sourced from earlier court proceedings and witness accounts. The Blacklist Support Group criticized senior leaders within construction unions for frequently favoring cooperative business models over protecting workers’ rights, which led to excessively close interactions between union officials and management where harmful information about members was exchanged.

In April 2023, Unite initiated an independent probe led by external legal experts to determine whether certain trade union officials knowingly participated in or were complicit with blacklisting practices targeting their own members in the construction industry.

Police collusion

The activities of MI5, Special Branch, and the Special Demonstration Squad included surveillance of trade union activists.

Further disclosures revealed police involvement. In autumn 2012, the Blacklist Support Group engaged Christian Khan solicitors to submit a complaint regarding detailed monitoring documented in Consulting Association records to the Directorate of Professional Standards. Initially dismissed by the Directorate, the allegations prompted the Independent Police Complaints Commission (IPCC) to open an investigation in February 2013. By October 2013, the IPCC confirmed police collusion with the blacklist, stating it was "probable that all special branches contributed information."

An undercover officer from the National Extremism Tactical Co-ordination Unit (NETCU) participated in a meeting alongside eight company HR managers.

In March 2015, Home Secretary Theresa May appointed Christopher Pitchford to oversee an Undercover Policing Inquiry. However, Pitchford’s remit excluded operations outside police forces in England or Wales. Both the Blacklist Support Group and Ucatt—granted core participant status—voiced concerns that this limitation could obstruct full disclosure of facts, given many claims involve collaborations between police and private firms. (Pitchford resigned in May 2017 due to health reasons and was replaced by Sir John Mitting.)

In March 2018, following a complaint by the Blacklist Support Group to the IPCC, the Metropolitan Police acknowledged that undercover Special Branch officers had provided intelligence to the Consulting Association. Shadow Chancellor John McDonnell described this as a major civil liberties breach demanding accountability. The Metropolitan Police stated no further steps would be taken until findings from the Undercover Policing Inquiry were available. In April 2018, the GMB submitted a FOI request to Scotland Yard concerning police involvement; after no reply was received, GMB escalated the issue to the Information Commissioner’s Office in June 2018.

The 2013 Creedon Report (named after Mick Creedon, former chief constable of Derbyshire Constabulary) was released in a redacted form by The Canary in March 2019. It verified that police forces—including Special Branch and security services—had supplied data for the blacklist. Undercover operative Mark Jenner infiltrated UCATT and collected intelligence on more than 300 individuals. Nonetheless, the report concluded that information sharing was not conducted on a systematic basis.

Information Commissioner's Office intervention

On 23 February 2009, the Information Commissioner's Office (ICO) conducted a raid on The Consulting Association's premises and issued an enforcement notice under the Data Protection Act 1998. Only a fraction, estimated between 5% and 10%, of the documents were confiscated; notably, files related to members of the RMT and approximately 200 environmental and animal rights campaigners remained untouched. This ICO operation was triggered by a 28 June 2008 article authored by journalist Phil Chamberlain in The Guardian.

To assist individuals who might have been recorded on the database, the ICO set up a telephone inquiry line, which had received over 4,000 calls by November 2013. Furthermore, it reached out to 103 individuals via postal addresses and processed more than 1,200 written requests, ultimately supplying data copies to 467 people.

In 2009, an independent Blacklist Support Group emerged to advocate for those affected. While initial tribunal efforts met with limited results due to legal restrictions, the group shifted focus to civil litigation, culminating in proceedings before the High Court of Justice in February 2013. Human rights law firm Guney, Clark and Ryan (GCR) spearheaded legal actions against prominent subscriber Sir Robert McAlpine Ltd, which faced claims totaling £17 million from workers impacted by blacklisting.

Ian Kerr was prosecuted for neglecting to register as a data controller; he admitted guilt and received a £5,000 fine in July 2009. Enforcement notices were also served to fourteen construction firms, including:


The civil liberties organization Liberty criticized Information Commissioner Christopher Graham for perceived inaction regarding this privacy breach, drawing parallels with the News International phone hacking scandal. In August 2012, Liberty threatened legal proceedings against the UK government to compel a thorough investigation. Corinna Ferguson, Liberty’s legal officer, condemned the ICO’s inadequate response to what she labeled a serious violation of human rights.

Scottish Affairs Select Committee investigation

The Scottish Affairs Select Committee initiated an inquiry into The Consulting Association's activities. Important testimonies came from key figures such as the late Ian Kerr and Cullum McAlpine. McAlpine, who served as founding chair from 1993 for four years, was invited by Percy Trentham to act on behalf of a leading civil engineering contractor. He confirmed that his firm paid the £5,000 penalty imposed on Kerr in 2009 for failing to register TCA under data protection regulations. McAlpine also acknowledged that prospective employees’ names were cross-referenced against the blacklist database for employment on high-value projects like the 2012 Summer Olympics as late as autumn 2008.

Vetted projects encompassed Colchester Garrison, retail developments in Bristol and Leicester, a Ministry of Defence initiative at Salisbury Plain, the M74 link road, Edinburgh's Quarter Mile development, Glasgow’s Marie Curie Centre, and groundwork for the Olympic Stadium.

An interim report released in March 2013 outlined intentions to further investigate historical practices and seek input on matters including ongoing blacklisting concerns, compensation mechanisms, enforcement measures, and potential legislative amendments.

The committee’s final report in March 2015 recognized some advancements but noted that "many questions...remain unanswered," urging that a comprehensive public inquiry be prioritized by the incoming Parliament.

Crossrail

In 2012, the multibillion-pound London Crossrail initiative became embroiled in accusations of persistent blacklisting within Western Europe's most extensive construction contract. Ron Barron, the industrial relations manager for Crossrail and an employee of Bechtel, frequently verified applicants against the Consulting Association’s blacklist database. An employment tribunal uncovered that Barron had introduced the practice of blacklisting during his tenure at Chicago Bridge & Iron Company (CB&I), consulting the list over 900 times in 2007. He was found guilty of unlawfully denying employment to Philip Willis, with aggravated damages awarded due to Barron’s addition of information to the blacklist.

In May 2012, a manager from BFK confronted subcontractor Electrical Installations Services Ltd. (EIS) regarding an electrician’s involvement in union activities. When EIS declined to terminate the worker, they subsequently lost the contract amid flash pickets at Crossrail and BFK partner locations. The Scottish Affairs Select Committee recommended that Business Secretary Vince Cable launch a government inquiry into blacklisting practices at Crossrail.

Additional accusations emerged in Parliament by September 2017, culminating in an out-of-court settlement following a High Court case in December 2021.

Construction Workers Compensation Scheme

After legal proceedings against Ian Kerr and enforcement actions by the ICO, eight construction companies implicated in blacklisting issued apologies and agreed to compensate affected workers on 10 October 2013. The Construction Workers Compensation Scheme was established in July 2014, involving Balfour Beatty, Carillion, Costain Group, Kier Group, Laing O'Rourke, Sir Robert McAlpine, Skanska, and Vinci SA. Despite this initiative, some workers pursued further litigation; Amec and BAM joined the ongoing court case alongside these eight firms. The GMB union criticized the scheme as a mere "PR stunt," while the Scottish Affairs Select Committee condemned it as "a deliberate attempt to mislead" and "an act of bad faith."

In May 2019, the eight companies financing the compensation threatened legal proceedings to force Amec (now Amec Foster Wheeler) to contribute financially. However, John Wood Group, Amec’s parent company, denied responsibility, asserting that Amec’s construction divisions had been sold off or closed by 2007.

High Court action

More than six years after the 2009 ICO raid, nearly half of the 3,213 individuals listed by the Consulting Association remained unlocated. Employment tribunals were planned for 2015, claims awaited resolution at the European Court of Human Rights, and a High Court trial was scheduled for May 2016.

During preliminary High Court hearings in October 2015, the eight companies acknowledged liability and issued apologies but contested claims for lost earnings compensation. By January 2016, these firms increased their compensation offers ahead of trial; however, numerous blacklisted workers rejected these proposals as inadequate. On 22 January 2016, following disclosures that Balfour Beatty managers referred to blacklisted workers as 'sheep,' the High Court mandated 30 construction companies to submit all emails and related correspondence concerning blacklisting by 12 February.

Settlements

Several agreements were ultimately reached. In February 2016, the UCATT union announced that 71 members had been awarded full and final settlements amounting to £5.6 million for claims including breach of confidence, misuse of private data, defamation, and loss of earnings; average compensation was approximately £80,000, with some awards reaching as high as £200,000. By mid-April 2016, an additional £15-20 million plus legal expenses had been disbursed to 180 workers. During that month, Cullum McAlpine refused to testify at a High Court hearing involving Sir Robert McAlpine and the Unite union.

At the time of the February settlements, UCATT was negotiating 89 further cases ahead of a trial scheduled for May 2016; by April, the Blacklist Support Group reported 154 ongoing claims alongside 82 new filings. By late April 2016, eight construction companies had resolved litigation with individuals represented by UCATT, GMB, and legal firm GCR; however, cases involving workers represented by Unite remained unsettled. The High Court hearing concerning approximately 90 Unite claims was deferred, with settlements announced on 9 May 2016: 97 workers received payments ranging from £25,000 to £200,000 each, totaling over £10 million (later reports indicated £20 million for 400 members). The GMB settlement totaled £5.4 million for 116 workers, with individual awards between £10,000 and £200,000; nearly £3 million in legal fees were also recovered.

On 11 May 2016, a formal apology from forty companies was delivered in court, bringing closure to the case (Various Claimants v McAlpine & Ors). Overall settlement expenses—including union agreements, legal firm GCR’s £6.6 million for 167 claimants, and payments through the Construction Workers Compensation Scheme—ranged between £50 million and £75 million covering 771 workers (average award approximately £65,000), alongside estimated legal costs of £25 million; some evaluations reached as high as £250 million. Contributor Carillion reported a one-time operating charge of £10.5 million in August 2016 reflecting its compensation and related expenditures under the scheme.

Cover-up allegations

While legal settlements prevented construction firms from public scrutiny regarding their association with the Consulting Association, accusations continued that Sir Robert McAlpine and others attempted to conceal their involvement. Victims intended to call for a police inquiry into allegations that senior executives endeavored to obstruct justice.

Further legal action and settlements

New victims linked to the Consulting Association blacklist continued to surface. In May 2017, Unite launched fresh legal proceedings involving over 60 members. By May 2019, Unite had secured an additional £1.9 million in compensation for 53 blacklisted workers. The same group of seven construction companies agreed to contribute £230,000 to a Unite training fund for affected individuals and covered Unite's legal expenses.

In December 2017, Unite initiated High Court actions against four former Consulting Association chairmen—David Cochrane and Cullum McAlpine (both formerly affiliated with Sir Robert McAlpine), Danny O’Sullivan (Kier), and Stephen Quant (Skanska)—alleging breaches of privacy, defamation, and violations of the Data Protection Act. Additionally, Unite pursued claims against twelve major contractors including Sir Robert McAlpine, Skanska, Laing, Kier, Balfour Beatty, Costain, and Carillion.

Unite sought to compel Cullum McAlpine to provide sworn testimony at a trial set for June 2019; however, by May 2019 it was reported he would not give evidence.

Ongoing blacklisting issues

Following the legal settlements reached in May 2016, Unite has actively sought restitution for workers who were excluded from employment due to blacklisting practices prevalent across the industry. The union has assembled a detailed record of current cases, highlighting possible blacklisting occurrences on significant flagship projects and raising concerns that some employment agencies might be operating their own covert blacklists. In response, Unite has urged the Information Commissioner's Office (ICO) to resume its inquiry into blacklisting activities.

See also

External links

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