It is now unlawful
for trade union members to be denied employment through
blacklists, under new regulations that come into effect today.
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 the subject and evidence that a number of employers in the
construction sector had been unlawfully vetting workers.
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.
Notes to Editors
1. Under section 3 of the Employment Relations Act 1999, the
Government has the power to introduce regulations prohibiting the
blacklisting of workers for their union membership or activities.
2. In March the Information Commissioner reported that 40
construction companies had subscribed to a database used to vet
construction workers, which has now been closed under data
protection law. On 16 July, Mr Ian Kerr, the individual who
operated the database, was fined £5,000 at Knutsford Crown Court
for committing a criminal offence under data protection law.
3. In response to this new evidence on 11 May 2009, the
Government announced that it would seek to bring forward
legislation to outlaw blacklisting – the statement to Parliament
can be found here – http://www.publications.parliament.uk/pa/cm200809/cmhansrd/cm090511/wmstext/90511m0001.htm#column_33WS
4. A public consultation on revised draft regulations took place
between 7 July and 18 August 2009. The Government response to the
public consultation can be viewed here: http://www.berr.gov.uk/files/file53734.pdf
Contacts:
BIS Press Office
NDS.BIS@coi.gsi.gov.uk
Matthew Barker
Phone: 020 7215 5946
Matthew.Barker@bis.gsi.gov.uk