Appendix 2: Media Announcement - The Construction
Workers Compensation Scheme Launches, 4 July 2014
The Construction Workers Compensation Scheme (TCWCS)
announced today that, following eight months of discussions with
unions and workers' representatives, the scheme has now been finalised
and is open to applications immediately. The scheme will remain
open for two years.
· Providing financial compensation to those
whose names were held on The Consulting Association (TCA) records,
those whose names were on the Economic League records that were
also held by TCA, or the estates of those whose names were held
but who have since died
· Compensation levels significantly higher
than those through the High Court
· A much faster route to compensation than
a lengthy court process
· Applicants don't need to prove actual
loss to access compensation, nor do they need to prove they have
been the victims of unlawful activity
· Paper-based submissions remove the stress
of court appearances
· Legal costs covered by the scheme - free
to applicants
· A choice of two processes for accessing
compensation - fast track and full review
· Fast track applicants do not need to prove
actual loss. Compensation is set at pre-determined levels, starting
at £4,000 for those where minimal information was held, and
rising to £20,000 where there is evidence that records had
been accessed
· The full review process is an alternative
for those where there is evidence their records were accessed
and who would prefer a more detailed investigation into their
particular circumstances. An adjudicator will assess claims and
set compensation up to a maximum of £100,000
The process of engagement with unions and workers'
representatives has been ongoing since November 2013 and, throughout
this time the companies have listened to the unions' views and
have made substantial changes to the terms of the scheme in line
with their requests.
All eight companies recognise that the activities
of TCA were unacceptable and regret their involvement; they are
sorry that information was held about individuals and for any
hardship suffered as a result. To demonstrate their commitment
to ensuring that such activity remains firmly in the past, the
companies intend to sign up to the voluntary code of conduct that
is being developed by the Chartered Institute of Personnel and
Development to ensure full transparency in pre-employment vetting
processes.
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. Once an applicant knows they are
eligible and decides to join the fast track, they will receive
their compensation payment within two 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 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. Under
full review, TCWCS anticipates the assessment of the claim and
payment of compensation will be completed within three to six
months. This 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 provide no impediment to future
employment.
Contacting TCWCS or making an initial enquiry
Full details of the terms of the scheme - from the
application process to levels of compensation - can be found at
www.tcwcs.co.uk.Any
construction worker, or the family of a deceased construction
worker, who believes they may have been affected by TCA records
can download an initial enquiry form which is also available from
the TCWCS free-phone helpline on 0800 980 8337. The helpline will
be open on Saturday 5 and Sunday 6 July from 9am-5pm in addition
to the normal weekdays opening hours.
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