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Blacklisting Of Trade Union Members And Officials Now Unlawful

It is now unlawful for trade union members to be denied employment through blacklists, under new regulations that come into effect 2nd March 2010.

To prevent employers from blacklisting workers for their trade union membership or activities the Government has introduced new rules banning the practice. The move follows public consultation on revised draft regulations which took place between 7 July and 18 August 2009, following evidence that a number of employers in the construction sector had been unlawfully vetting workers and adding their names to a blacklist.

The Government response to the public consultation can be viewed by downloading it in pdf form from the E-Library Database

Lord Young, Employment Relations Minister Employment Relations Minister Lord Young said:

“Blacklisting someone because they are a member of a trade union is underhand, unfair and blights people’s lives.The new regulations outlaw the compilation, dissemination and use of blacklists. They have been designed to build on existing protections in the area, which are found in trade union and data protection law, Good employers who operate fair and open vetting processes have nothing to fear from these regulations.

I am confident that this new piece of legislation will bring to an end the disreputable practice of blacklisting once and for all”.

The regulations:

  • make it unlawful for organisations to refuse employment or sack individuals as a result of appearing on a blacklist;
  • make it unlawful for employment agencies to refuse to provide a service on the basis of an individual appearing on a blacklist; and
  • enable individuals or unions to pursue compensation or solicit action against those who compile, distribute or use blacklists.

    • Amongst the organisations, Trade Unions and Employers respsonding was the NW BTU H&S Co-ord's Chair, Derek Maylor. The full list of of respondees can be seen on page 50 of the Government Response document available from the E-Library Database

    Source: NDS

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