Blacklisting in Employment: Final Report - Scottish Affairs Contents

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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Prepared 27 March 2015