Employment Relations Act 1999 (Blacklists) Regulations 2010

Statutory Instrument
Parliament of the United Kingdom
Citation	SI 2010/493
Text of the Employment Relations Act 1999 (Blacklists) Regulations 2010 as in force today (including any amendments) within the United Kingdom, from legislation.gov.uk.

The Employment Relations Act 1999 (Blacklists) Regulations 2010 ^[1] is a UK labour law regulation which penalises a practice of listing trade union members for the purpose of discrimination against them, and potentially leads to criminal sanctions for employers and agencies who do so.

Background

In 2009, the Information Commission's Office found that a group called the "Consulting Association" had compiled lists of trade unionists to exclude people from employment in the building industry. John McDonnell described this as "one of the worst ever cases of organised abuses of human rights in the UK".^[2] It resulted in the 2010 Regulations specifying the wrong and penalties.

Summary

• Regulation 3(1) prohibits the compilation, use, sale or supply of a prohibited list which "contains details of persons who are or have been members of trade unions or persons who are taking part or have taken part in the activities of trade unions" and (2) compiled "with a view to being used by employers or employment agencies for the purposes of discrimination in relation to recruitment or in relation to the treatment of workers". (3) discrimination is "treating a person less favourably than another on grounds of trade union membership or trade union activities". (4) union membership of any branch.
• Regulation 5 states that refusal of employment is unlawful.
• Regulation 6 states that refusal of employment agency services is unlawful.
• Regulation 13 says the nature of the claim is a breach of statutory duty, and (3) the court can order as appropriate, award damages including injury to feelings.