We have now had preliminary meetings with our sponsors and their lawyers and are currently discussing individual and class actions against named organisations and named individuals.
Anybody interested in becoming a joint claimant, in becoming a witness, or anybody who has more evidence to share with us please email in the first instance to
alanjenkins 54 <at> icloud <dot> com
We are pleased to announce that we have now secured representation for a Tribunal. For this reason, we are suspending all posts on this blog whilst the Tribunal process is ongoing.
We will shortly publish an email address for all persons interested in supporting the tribunal as additional claimants / witnesses and also for any person wishing to share evidence with ourselves.
All communications received on this email address will be held in strictest confidence.
A reliable source has informed us that a number of workers who believe they were discriminated against by Scottish Government and their agents in favour of cheaper Tier 2 workers on the Scottish SAF project plan to name Richard Lochhead, the then Agricultural Minister, in a planned tribunal action.
We are not privy to all the details of the planned Employment Tribunal but believe that this will be a far reaching tribunal and the workers hope that it will be attract sufficient funding to take the matter all the way to an EAT and the House of Lords and Europe if necessary,
More information to follow…
The computer giant announced on Monday that it would cut a further 1,300 staff in Britain, as part of sweeping redundancies taking place worldwide. However, Unite the union has alleged HP could be abusing migrant worker law by using the intra-company transfer (ICT) system to transfer cheaper, foreign staff to Britain to replace those workers who are losing their jobs.
Any such move would be illegal and could leave the company open to costly tribunal claims from redundant workers for unfair dismissal if it was true.
Peter Skyte, national officer at Unite said: “Some of our members believe the company is playing fast and loose with the ICT system.” He added: “ICTs are not supposed to lead to the displacement or replacement of UK workers, but some members allege that HP is using workers from outside the UK to do the work [of redundant workers] here. They see HP transferring workers from outside the UK to do the job.”
O`Reilly took the BBC to an employment tribunal claiming discrimination on the grounds of age, and won.
In actual fact the Miriam O’Reilly judgement should not come as a surprise to the freelance community as anti-discrimination guidance in the UK is often very broadly drafted.
This means that although freelancers do not have employment rights (such as entitlement to sick pay and holidays), they are within scope of many anti-discriminatory measures. Discrimination legislation and regulations relating to health and safety apply to all “workers,” regardless of their employment status, even applying to those trading under a limited company.
In the case of Miriam O`Reilly, the tribunal found that she had indeed been discriminated against on grounds of age. The tribunal noted that
The Employment Equality (Age) Regulations 2006 (“the Age Regulations”) render unlawful certain forms of age discrimination. They apply in the context of applicants and employees pursuant to Regulation 7. The parties accepted that the definition of employee is wide enough to include “freelance” workers such as the Claimant…..”