13:01 10 Jan 2003
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The Transport and General Workers' Union (T&G) is celebrating what it has called "a hugely significant victory for construction workers", after an employment tribunal ruled that a site worker was unfairly dismissed by Stour Contractors Limited for his trade union membership and activities.
Martin Avey was sacked by Stour Contractors in November 2002 after he began recruiting and organising for the T&G at its site in Brighton. Workers at the site were becoming increasingly unhappy that they were due to receive no paid holiday, and Avey contacted the T&G to enquire about membership and support for the workers' case.
Significantly for the construction industry, Avey was given employment status by an initial hearing in December, even though the company, like many construction firms, argued that he was not an employee.
Following the tribunal's decision that Avey had employment status with Stour Contractors, the company capitulated and all workers at the Brighton site were awarded four weeks paid holiday in December, including two weeks for Christmas.
Steve Turner, regional industrial organiser for the T&G, said: "This is a hugely significant victory for construction workers, who now have legal protection to recruit and organise union members.
"Construction workers can be anxious to join and build the union in a hostile environment for fear of unstable employment, however the decision that Avey was unfairly dismissed and to award him employment status should come as welcome news to others in the industry."