Appendix 1: Letter to all MPs, from John
Taylor, The Construction Workers Compensation Scheme, 4 July 2014
The Construction Workers Compensation Scheme (TCWCS)
You will recall that I wrote to you on 8 October
2013 advising that a number of construction companies were developing
a scheme to compensate construction workers whose names were on
The Consulting Association (TCA) database and I wanted to provide
you with the details of that scheme, which was launched this morning.
Following eight months of discussions with unions
and workers representatives, the scheme has now been finalised
and is open to applications immediately. It will remain open
for two years.
The Compensation Scheme
The scheme provides two options for accessing compensation
- fast track and full review.
Offering fixed levels of compensation, the fast track
is designed for those looking for a fast payment against fixed
criteria, or for those where only very basic information was held.
Under fast track, successful applicants will receive
payments starting at £4,000 when only very basic information,
such as a name and region, is held rising to a maximum of £20,000
when there is evidence that the records had been accessed to the
applicant's detriment.
Under the fast track process applicants simply need
to be able to demonstrate they are the person listed on the records;
they do not need to prove loss of earnings as awards are based
solely on the information held. TCWCS anticipates that the entire
fast track process, from first enquiry to payment of compensation,
should be completed within eight weeks.
The full review process is an alternative process
for those people where there is evidence that their records were
accessed and who would prefer a more detailed investigation of
their particular circumstances. The full review provides the
opportunity to submit evidence of the impact of TCA records on
the individual's employment. These claims will be assessed by
Sir Colin McKay, a highly respected retired High Court judge,
who is completely independent of the TCWCS and the eight companies.
Sir Colin McKay will review each application and determine compensation
up to a maximum of £100,000 for any individual claimant.
TCWCS anticipates that the full review process, from first enquiry
to the payment of compensation, should be completed within seven
months, which is significantly faster than the High Court process.
Once an applicant has established that their name
was held on TCA records, the scheme covers the cost of independent
legal advice to help the applicant decide which option, fast track
or full review, is best for their particular claim and circumstances.
If an applicant already has a claim in the courts and would like
to withdraw to join the scheme, TCWCS will also cover reasonable
legal costs accrued to date.
The scheme is being run by an independent administration
specialist. The application and claims handling process has been
made as simple as possible with online, postal and telephone services
available.
In addition to compensation payments, the companies
are committed to offering refresher training where necessary to
ensure that the skills, knowledge and certification of scheme
applicants are up to date and are not an impediment to future
employment.
Finally, all eight companies have confirmed their
intention to sign up to a new code of conduct being produced by
the Chartered Institute of Personnel and Development (CIPD).
I attach a copy of the full press release which I
hope is helpful and, should you have any questions or issues you
wish to raise, I hope you will feel free to contact me via Richard
Jukes.
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