Hertel rebuffs union 'lock-out' claims at ExxonMobil refinery
6 Jul 2011
London – Engineering company Hertel has defended its position in relation to an employment dispute at ExxonMobil’s Fawley oil refinery in Hampshire, UK.
The GMB trade union is staging demonstrations at the site over, what it claims, is a lock-out by Hertel of 20 fabrication workers.
The workers are part of a 100-strong workforce employed by PTF Engineering, part of the Rowley Group, which have held the contract for mechanical maintenance on the Fawley site for 20 years.
The work was re-tendered earlier this year, with the new contractor Hertel, based in Middlesbrough, taking over the contract on 1 July.
According to the GMB, PTF Engineering advised the workers that their employment has been transferred to Hertel, under the TUPE legislation.
Hertel, it said, then told 20 workers employed in the prefabrication facility who turned up for work that they were not needed.
“In effect they are locked out as happened to the workers on the BP at Saltend. Hertel have told the other 80 that they have a job,” said a GMB statement.
However, Hertel UK points out that it took over only the maintenance contract at the Fawley refinery, and had no responsibility for employing fabrication workers at the site.
Since being awarded the contract four months ago by ExxonMobil, Hertel has been in talks with PTF Engineering, towards employing its refinery-based, mechanical maintenance workers on the new contract, said Nick Henderson, Hertel UK’s operations director.
“As our contract covers only the mechanical maintenance work on the Fawley site, and Hertel do not have a fabrication site in the south of England, we have no vacancies available for PTF’s fabrication workers, as Hertel will be sub-contracting off-site fabrication works to companies already pre-approved to supply this site,” said Henderson.
“Therefore, according to the legal advice we have received, the fabrication workers at the Eastleigh and Chandlers Ford sites remain the responsibility of PTF Engineering.
“Contrary to claims made by the GMB Union, we are confident that our approach is perfectly legal and, if necessary, would welcome the decision of an Employment Tribunal on the matter.
“Equally, as the fabrication workers have never been employed at the Fawley site by PTF Engineering, and are not Hertel employees, it is completely erroneous to suggest that we have locked them out.”
But Hertel’s arguments seem to hold little sway at the GMB, with Gary Cook the union’s regional officer, commenting: “This lock-out of 20 GMB engineering construction workers is illegal and will not be accepted by GMB, which is calling on ExxonMobil to intervene to get Hertel to obey the law.”
