Secret Employment Blacklists Are To Be Outlawed In UK

Robin Pilgrim, LawAndTax-News.com, London

13 July 2009

The Department for Business today launched a consultation on new regulations that will make it unlawful for trade union members to be denied employment through secret blacklists.

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 27 May, Mr Ian Kerr, the individual who operated the database, pleaded guilty at Macclesfield Magistrates Court of committing a criminal offence under data protection law. He will be sentenced in due course.

In response to this new evidence, the government announced that it would seek to bring forward legislation to outlaw blacklisting.

Business Secretary Lord Mandelson said: "Blacklisting someone because they are a member of a trade union is totally unacceptable. I am determined to act quickly to stamp out this despicable practice. These proposals outline how we will deliver this."

The main proposals are:

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

This consultation will run for a shorter than usual period of six weeks to enable legislation to be brought forward as soon as possible. Ministers plan to seek Parliamentary approval for the regulations in the autumn and implement them as soon as they can.

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