Unite the UK’s leading union is demanding than an independent investigation is held into the backlisting of refuse workers at Birmingham council.

 

The union issued its call after its initial concerns were rebuffed by Birmingham council and the employment agency at the centre of the scandal.

 

On 9 October, Job&Talent employment agency manager Mark Assan was filmed telling agency bin workers that they would not be given permanent council jobs if they joined picket lines. He said this had been confirmed by two named Birmingham council managers, Chris Smiles and Rob Edmondson. 

 

This is a clear threat of anti-union blacklisting, which is illegal under UK employment law.

 

Birmingham Council has said that it is investigating. However, nearly two weeks after the issue was raised Unite has had no information about any action being taken. All three managers involved – Assan, Smiles, and Edmondson – are still at work.

 

Unite is now demanding that Birmingham council:

 

1. Convenes an independent investigation into blacklisting, headed by legal experts agreed by both the council and Unite. Unite has no confidence that the council will carry out a fair investigation internally

2. Immediate suspension of the three managers, until this investigation is concluded

3. Declare if any records including lists have been made of Unite members’ activities and immediately destroy any such records.

 

Unite general secretary Sharon Graham said: “The council’s treatment of Birmingham bin workers has reached a fresh low. Agency workers are joining Unite in growing numbers, because they are sick of bullying and intimidation.

 

“Birmingham Council needs to clean up its act. The managers involved in these threats must be suspended immediately, and an independent investigation into the abhorrent practice of blacklisting swiftly established.”

 

The blacklisting threat was made after increasing numbers of agency workers started to join Unite and to offer support for those on strike at the three Birmingham bin depots. Agency workers say they are dealing with unsustainable workloads and a toxic bullying workplace culture at the council’s refuse department. Many of the agency staff have worked for Birmingham council for over a decade but have still not been offered directly employed roles. They are now being balloted for industrial action in relation to how they are being treated.

 

After the video of blacklisting threats was made, Unite’s legal director Stephen Pinder wrote to both Birmingham City Council and Job&Talent last week asking what action they were taking. Birmingham Council managing director Joanne Roney simply replied to state that the council would “take appropriate steps to investigate”. Job &Talent has not responded.

 

Notes to editors

 

Chris Smiles is a strategic operational director for Birmingham city council, while Rob Edmondson is the acting director of street scene. Mark Assan is a manager at Job& Talent. In the video he is heard saying:

“Now, I’ve spoken to Chris (Smiles), have spoken to Rob Edmondson, and I think, you know categorically the council are not going to employ anybody that they don’t want to employ.”

 “So those people that do decide to go on the picket line, then the council have confirmed to us that they are not going to get a permanent job.”

 

According to Unite legal director Stephen Pinder: “The Trade Union and Labour Relations (Consolidation) Act 1992 (the 1992 Act) includes various remedies for union members associated with them being subjected to a detriment for being a member or engaging in trade union activities. My view is that the council and Job and Talent has already breached the 1992 Act by reference to what was said by Mr Asson, in that he reports conversations with senior council managers about blacklisting and a direct form of detriment. If a person believes that they have been subject to blacklisting which has subjected them to a detriment, they are entitled to bring a claim before the employment tribunal and in this regard, Unite will take all necessary steps to protect our members and to prevent unlawful actions from being taken against them.”