The Department for Business this week launched a consultation on new regulations that will make it unlawful for trade union members to be denied employment through secret blacklists. The practice heavilly used during the Thatcher governments of the '80s has been resurected in the construction industry.
Under the Employment Relations Act 1999, the government has the power to introduce regulations prohibiting the blacklisting of workers for their union membership or activities.
In 2003, the government consulted on draft regulations, but at that time no hard evidence was found that blacklisting was taking place. In response to the consultation, the government committed to reviewing the issue if hard evidence came forward.
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 on 11 May 2009, 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. Today's 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;
* to enable individuals or unions to pursue compensation or solicit action against those who compile, distribute or use blacklists.
Commenting on Government plans to outlaw blacklisting, TUC General Secretary Brendan Barber said:
"Early consultation by the Government on blacklisting is welcome. It is vital that the introduction of new regulations is treated as a priority, to prevent the profoundly undemocratic practice of discrimination against those who choose to join unions."
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 urgently as soon as it can thereafter.
Responses to the consultation required by 18th August 2009
The consultation published today can be found in the E-Library Database
Source:NDS
