Regulations prohibiting
blacklists to come into force in 2010
Following a consultation exercise launched by the
Government concerning its proposals to exercise its power in the Employment
Relations Act 1999 to introduce regulations prohibiting the blacklisting of
workers for their union membership or activities, it has been announced that
Regulations banning blacklisting will come into force in early 2010.
After an investigation by the Information
Commissioner uncovered a database with details about 3,000 construction workers
being used by construction companies to vet individuals’ union
membership/activities, the Government launched a consultation exercise on its
proposals to exercise its power in the Employment Relations Act 1999 to
introduce regulations prohibiting the blacklisting of workers for their union
membership or activities.
The Government’s response has now been published.
Regulations will come into force in early 2010 and will:
establish
a general prohibition against the compilation, use, sale or
supply of
blacklists;
enable
individuals to complain to an employment tribunal if they were
refused
employment, dismissed or suffered other detriment for a
reason relating to a
prohibited list;
establish
a minimum amount of compensation of £5,000 for each
tribunal claim, which can
be reduced if a tribunal considers it to be
just and equitable; and
enable
individuals and trade unions to bring court proceedings for
damages or
interlocutory (provisional) relief.
This provides summary information and comment on the subject areas covered. Where employment tribunal and appellate court cases are reported, the information does not set out all of the facts, the legal arguments presented and the judgments made in every aspect of the case. Employment law is subject to constant change either by statute or by interpretation by the courts. While every care has been taken in compiling this information, we cannot be held responsible for any errors or omissions. Specialist legal advice must be taken on any legal issues that may arise before embarking upon any formal course of action.
