Draft Employment Relations Act 1999 (Blacklists) Regulations 2010

Will prevent the blacklisting of workers for their trade union membership or activities. The Regulations will apply to Great Britain only. The Government consulted on draft Regulations in 2003, but found no hard evidence that blacklisting was taking place.

On 7 July 2009 the Government published a consultation paper on an amended version of the 2003 draft Regulations. The main areas for consultation are:

  • definition of a trade unionists' blacklist of and the prohibition of the compilation, dissemination and use of such blacklists,
  • making it unlawful for organisations to refuse employment, to dismiss an employee or otherwise cause detriment to a worker for a reason related to a blacklist,
  • making it unlawful for an employment agency to refuse a service to a worker for a reason related to a blacklist,
  • providing for the employment tribunal to hear complaints about alleged breaches and award remedies based on existing trade union law and,
  • an alternative, to provide for the courts to hear complaints from any persons that they have suffered loss or potential loss because of a prohibited blacklisting activity. 

Consultation ended on 18 August 2009. In December 2009 the Government published its response to the consultation and hopes to bring the Regulations into force in early 2010. In January 2010 it published guidance on the draft Regulations.

More information, including the consultation paper, draft Regulations, Government response and guidance is available on the BIS website.

The blacklisting of trade unionists: revised draft regulations

Starting Date: 07-07-09

Closing Date: 18-08-09