In March it was revealed by the Information Commissioner that Mr Kerr's company, the Consulting Association, was operating a secret blacklist containing the names and details of over 3,000 construction workers. Over 40 major construction companies used its services to blacklist workers.
Much of the information contained on the blacklist related to a worker's union membership. In particular workers who had taken on the role of a health and safety representative or had been a whistleblower on dangerous sites were targeted. Construction is the most dangerous industry in Britain, on average six construction workers a month are killed.
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In 1999 the Government passed legislation which outlawed blacklisting however the necessary regulations were never introduced. The Government have committed to introduce the required regulations this autumn.
Due to blacklisting not being illegal Mr Kerr has been charged with data protection offences as he was not registered to hold such information. As the case is being held in a Magistrates Court the maximum possible fine that can be imposed is just £5,000. The case could potentially be transferred to a Crown Court where Mr Kerr could receive an unlimited fine.
The construction companies who used Mr Kerr's services paid an annual subscription of £3,000 and then £2.20 for each check on a worker. It is understood that Mr Kerr was earning in excess of £100,000 a year.
Alan Ritchie, General Secretary of UCATT, who was on the blacklist, said: "A £5,000 fine is barely a slap on the wrist for Ian Kerr. It is outrageous that he could get away so lightly. He deliberately tried to destroy the lives of construction workers and their families by preventing them finding work. He deserves the maximum possible sentence."
A large number of UCATT officials, activists and members have recently discovered that they were blacklisted.
(GK/JM)
