Trade union membership blacklisting outlawed

Employers will no longer be able to deny trade union members employment through blacklists under new rules that came into effect yesterday.

As from 2 March the regulations:

Employers will no longer be able to deny trade union members employment through blacklists under new rules that came into effect yesterday.

As from 2 March the regulations:

  • make it unlawful for organisations to refuse employment or sack individuals as a result of them 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. 

The practice has been banned following 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 says: “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.”

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