Persimmon accused of holiday blacklist

Persimmon Homes has strongly denied UCATT’s claims that it is threatening to blacklist CIS 4 operatives who pursue claims for holiday pay under the Working Time Regulations.

The allegation came in the wake of a unanimous Newcastle upon Tyne Employment Tribunal decision, which found that two bricklayers, John Barnes and Andrew Johnson, were "workers" within the terms of the regulations and thus entitled to claim holiday pay from Persimmon. The men were both CIS 4 operatives. It was agreed at the tribunal that they were not employees.

At Newcastle, Barnes and Johnson were represented by UCATT. On the men’s behalf, the union claimed unpaid holiday entitlement of £11,650 and £11,913 respectively.

Actual payment of the money, however, was deferred by the tribunal until the outcome is known in the Frank Staddon and Marshalls Clay Products case, which examined rolled-up holiday pay and has been referred to the European Court of Justice. That means they could have to wait two or more years for their money.

A Persimmon spokesman said: "We disagree with the tribunal’s findings and have not ruled out an appeal at this stage." However, he noted that it was "pertinent" that the payment enforcement had been delayed.

UCATT said Barnes and Johnson have since been told that "they are finished" with the company from this month.

A Persimmon spokesman said: "Works were coming to an end and therefore we have not renewed the contracts of these individuals."

It was further alleged that other workers with holiday pay claims in the pipeline have been told by the company to drop the claims or they will not continue to work for Persimmon.

UCATT general secretary George Brumwell said: "This is blackmail and blacklisting raising its ugly head because ordinary workers are claiming their statutory rights."

A Persimmon spokesman said: "We strongly refute the accusation that we are blacklisting CIS 4 operatives. This is certainly not the case and neither do we deny any person their statutory rights. These suggestions by UCATT are factually incorrect and irresponsible."

Brumwell said the union would challenge the tribunal’s decision to withhold payment pending the European Court’s findings in the Staddon and Marshalls Clay case.