Blacklisted or not?

welshberk

I don't know if I have been blacklisted and whether I can do anything about it.
I am self employed, been working for a company who has a contract with a building company. Over the last few weeks , I have been making a point about certain serious points of health and safety plus hygiene of the site and particularly the welfare and messing facilities being unacceptable.
On my final day, the toilets had been trashed by the night shift again and impossible to use. No staff on site to maintain, so I saw red and went seeking a manager of the building company to deal with it. Not getting the response I expected, I got vocal as I do and verbaly criticised the company for not getting the basics right. At the end of the day, my employer came to me and said that they had to let me go by request of the building firm. A few days later, I was told by the firm I was working for, that they were unable to offer me any other work, as all their work is contracted to this building firm and they have said that the building firm have banned me from working on any of their sites. I have not had any work since then and work is not easy to come by this time of the year.
Is this classed as blacklisting?
Has the building firm a right to approach the sub contractor to dismiss me.
The firm I was working for say that it affects their contract if they did not dismiss me. Does it?
Can I do anything about this?
Has either firm followed the law?


This week, I heard that full time staff had been employed by the building company to maintain both welfare and messing facilities. Never seen the areas looks so clean.
any advice appreciated.

Southend1

Sounds like you haven't got a leg to stand on tbh. You kicked off in front of a customer, they no longer wish to buy in your services.

sniggings

as far as I know, blacklisting is when they tell other companies not to employ you, but as it's their own sites then it's not Blacklisting, all they will say is they told your employer they wouldn't use them if you worked there, that is not Blacklisting, they can choose who works for them.

good for you tho for making a stand, maybe next time call the government body that deals with health and safety and let them deal with it, if they let you work in a mess I doubt you saying anything about it, is going to have much weight, a report to health and safety might.

tomterm8

welshberk wrote: »

...blacklisted and whether I can do anything about it.
I am self employed, been working for a company who has a contract with a building company.

As a rule if you are self employed things like constructive dismissal, employment tribunals etc are not available.

There might be a grounds for tortious interference with contract IF the company you had a disagreement (about the toilets) were to put undue pressure on the contractor you work with not to work with you on other clients property.

But you'd have to prove it. Which would be next to impossible.

If the contactor you work with simply decides on their own not to use you any more because you are a pain in the buttock you'd only have a legal claim if their was some breach of contract. You'd need to go to a solicitor, which would be expensive, and odds are that the contract would allow them to stop using you.

In other words, you really need to find other clients, and it isn't generally worth getting into drama even if you are right. Not when you are self employed.