City pipe-fitter claims landmark victory in workers' rights row

Russ Blakely from North End is set to receive more than £2,000 in compensation after being unlawfully docked pay and made to fork out employer’s national insurance contributions (NICs).

The 57-year-old was carrying out work at Broadmoor Hospital in Berkshire, in 2016, when his employment agency On-Site Recruitment Solutions Limited told him to go through umbrella firm Heritage Solutions City Limited for payment.

In doing so, Mr Blakely – who was paid weekly over his four-month stint at the site – faced £18-a-week charges just to have his wages processed.

After 16 weeks on the job, he was charged a whopping £324 in fees and £725.59 in employer NICs.

Represented by his trade union Unite, an employment appeals tribunal (EAT) has now found he was wrongly treated and deserves compensation – overturning his previous case which a tribunal in Reading had thrown out.

Reflecting on his victory Mr Blakely, of Chichester Road, said: ‘I am very glad this has been resolved.

‘This whole process has been demoralising and it’s atrocious to think it was allowed to happen in 21st century Britain.’

During his time working, Heritage asked Mr Blakely to sign a ‘contract for services’ denying him sick pay, holiday pay and automatic pension contributions.

Refusing, he was told not to return to work after a break in May and was owed £1,453.50 in holiday pay.

But with Unite’s appeal now accepted at an EAT, the decision will set a precedent for all future employment tribunals and related cases.

Mr Blakely said: ‘Without my trade union I wouldn’t have had a leg to stand on.

‘I hope this verdict can help others and I hope it gives construction workers in similar situations the justice they deserve.’

His case will now return to an employment tribunal to determine whether his employer was On-Site, Heritage or both – and which firm must pay out for his estimated £2,500 in compensation.

The nation’s largest trade union has praised the tribunal for settling the landmark workers’ rights appeal.

Assistant general secretary Steve Turner said: ‘This is a groundbreaking victory in the fight against bogus self-employment in construction and other sectors.

‘It blows a hole in the way that employment agencies hide behind payroll and umbrella companies and pretend that they are not responsible for the employment of the workers they recruit.’