Blacklisting workers for employment due to trade union membership or activities is to be made unlawful, under plans outlined by employment relations minister Lord Young.

The move follows the government’s publication of its response to a public consultation on the subject held over the summer, and evidence that a number of construction sector employers had been unlawfully vetting workers.

Under section 3 of the Employment Relations Act 1999, the government is empowered to introduce regulations prohibiting the blacklisting of workers for their union membership or activities.

Lord Young says: “We will now strengthen the law by introducing new regulations to outlaw the compilation, dissemination and use of blacklists.

“The government is determined to stamp out this despicable practice and our legislative proposals are a proportionate and robust response.”

The regulations will:

• make it unlawful for organisations to deny employment or sack individuals due to appearance on a blacklist;
• make it unlawful for recruiters to refuse to provide a service on the basis of appearing on a blacklist; and
• ensure individuals or unions to pursue compensation or solicit action against those who compile, distribute or use blacklists. 

The government plans to table the regulations for Parliament for consideration as soon as possible and will need to be debated and approved by each House prior to implementation. Should Parliament gives its approval, the regulations could be in effect early next year.