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No more blacklisting of trade union members

Posted on 30th January 2010
HR practice

It is anticipated that between February and April 2010 new regulations banning blacklists of trade union members will come into force.

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Simon Quantrill Simon
Managing Partner Telephone: 01473 688100
It is common practice for employers or employment agencies to seek references on potential recruits or otherwise vet individuals for employment. There is nothing wrong with these practices provided they are transparent, fair and open and comply with the Data Protection Act 1998.

The blacklisting of trade unionists is an unfair and insidious practice. It involves the systematic compilation of information on individual trade unionists and its use by employers and recruiters to discriminate against those individuals because of their trade union membership or union activities.

It is anticipated that between February and April 2010 the Employment Relations Act 1999 (Blacklists) Regulations 2010 will come into force. These regulations seek to stop the practice of compiling, selling and making use of such blacklists of persons who are or have been members of trade unions or persons who are taking part or have taken part in trade union activities.

Individuals and trade unions can bring proceedings in the county court or employment tribunals if they have suffered loss or are threatened with potential loss as a result of unlawful activities.

New guidance from BIS explains how the blacklisting regulations will work: BIS Blacklisting Guidance.

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