Archived emails that contain contractors’ communications relating to individuals named in The Consulting Association’s “blacklist” must be released to the court, it was ruled in a High Court hearing last week.
The two-day hearing on Thursday and Friday was part of the court action by three construction trade unions on behalf of 571 members whose careers and earnings were damaged by being included on the TCA database, which operated up to 2009.
A group eight contractors that used the TCA’s service have admitted that they are liable and owe the individuals compensation, but the court action is going ahead to determine the levels of payout due.
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According to a spokesman for the Unite trade union, the emails in question chiefly relate to the period 2007-9, and their release could have the effect of raising the levels of compensation awarded.
He said: “People might know that their names were on the TCA’s card index system, but they don’t know how their information was shared. So individuals will get a sense of just how they were blacklisted in practice, and it might bring some closure.”
A spokeswoman acting for the group of eight contractors mounting a joint defence in the High Court stressed that “the eight companies have complied with and continue to comply fully with all of the requirements of the court.”
A further court hearing is due to take place later this year, but it’s understood that several individuals have agreed to settle out of court. If that trend continues, it’s possible that the High Court action could cease.
According to the Unite spokesman, some settlements to date have amounted to “tens of thousands of pounds”.
