Workers finally get £125k payout after six-year fight for justice with council contractor McTear

A company built on the back of council contracts has finally paid £125,000 owed to workers after a long-running battle with union leaders.

McTear Contracts, who work with local government and housing associations across the country, were facing blacklisting calls after still not paying out the money due to nine kitchen fitters despite losing a six-year legal battle in May.

Keiron McTear, director of the firm, had repeatedly promised to make payment but failed to meet a number of his own deadlines agreed with GMB Scotland.

In the latest let down for furious workers, McTear told the union that payment would be made no later than January 26 but by Friday morning the money had still not arrived.

Victory for workers

McTear was contacted by The Sunday Post on Friday asking him to explain why the payments had not reached their accounts, and why he failed to pay the money on October 31, as previously agreed.

He told us he took compassionate leave because of a family member being ill.

Payment confirmations provided to The Sunday Post by McTear appear to show the transfers were made at 11.50am, less than half an hour after we contacted Keiron McTear for an explanation.

It is understood union leaders were planning demonstrations outside the company’s headquarters and at least one of its contract sites.

It is regrettable that it took so long for these men to be paid while being forced to endure years of legal process and, more recently, months of broken promises that these payments were imminent.

Louise Gilmour, GMB Scotland

One kitchen fitter, who asked not to be named, spoke of his delight after finally having the money transferred into his account.

He said: “It’s a huge relief to finally have the money in.

“My name will never be on their books again. I’ll never work with them again and just feel sorry for the guys who do work with them.

“I think the only reason we got this far is because we’re all union members.”

Why were the workers owed money?

The workers were owed the money under TUPE legislation guaranteeing the same terms and conditions if jobs are transferred to a new business.

They had been employed by Amey to fit kitchens in social housing in North Lanarkshire before the contract was divided between two new firms, including McTear, in 2017.

Neither company agreed to take the workers on but after a long-running and landmark legal action, an employment tribunal ruled the workers should have been transferred automatically under the same terms.

McTear finally agreed in May to settle the dispute and pay £125,000 compensation after talks at Acas, the arbitration service.

Accounts published in 2022 revealed the company, which has worked for almost a third of Scottish local authorities, including North Ayrshire, Aberdeen, and Fife, had a turnover of £9.9 million and profits before tax of £1.1 million.

The company has a history of disputes with workers and was ordered to pay more than £24,000 to a plumber in 2018 after he was sacked shortly after raising concerns about being underpaid for his work.

Louise Gilmour, GMB Scotland secretary, said McTear had been shamed into action after months of delay and false assurances that payment was imminent.

She said: “It is almost seven years since our members were forced into legal action to secure money they should have been paid immediately and ten months since this company finally agreed to pay them.

“It is regrettable that it took so long for these men to be paid while being forced to endure years of legal process and, more recently, months of broken promises that these payments were imminent.”

Keiron McTear would not comment further.