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NEW BLACKLISTING RULES

Blacklisting trades unionists now outlawed under new regulations

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

The Government has introduced new rules banning the practice following public consultation on the subject and evidence that a number of employers in the construction sector had been unlawfully vetting workers.

Underhand, unfair and blighting

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.

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