Strikes spread to second Immingham Refinery

Reuters has the report of the spread of the contractors' workers spreading to the Conoco/Phillips refinery in Immingham where 60 workers have now downed tools, read here. See how you can do your bit, from here. The GMB Union statement, linked here, is as follows: 2 Feb 2009

Paul Kenny, GMB General Secretary commenting on the current unofficial dispute regarding the application of the EU Posted Workers Directive said, “Peter Mandelson is in denial about the nature of the problem that has given rise to the dispute. Overseas companies are refusing to employ UK nationals on projects in the UK. That is not right.

The facts are that the manner in which the EU 1996 Posted Workers Directive was applied into UK law in 1999 was botched. The Labour Party recognised this in 2004 at Warwick (See Note 1) and made a manifesto commitment to apply Article 3(8) properly into UK law (See Note 2). That commitment, which was repeated at Warwick in 2008, has not been honoured.

The problem with the Directive has been made worse by recent interpretations in European Court judgements (Viking and Laval). The EU Parliament has asked the EU Commission and member states to put this right by returning the law to what it was before the judgements.

As the interpretation of the law now stands it is possible for overseas companies to refuse to employ UK nationals on projects in the UK as indeed it is the case in any other EU country. The UK government should take the advice of the EU Parliament and press the EU Commission to correct this interpretation. At the same time the UK government should honour it’s manifesto commitment and correct the botched application of the Posted Workers Directive in UK law.”