Trade union blacklisting
Produced in partnership with Keith Bryant QC of Outer Temple Chambers
Trade union blacklisting

The following Employment practice note produced in partnership with Keith Bryant QC of Outer Temple Chambers provides comprehensive and up to date legal information covering:

  • Trade union blacklisting
  • Meaning of 'prohibited list'
  • A list
  • Details of persons
  • Trade union membership
  • Participation in trade union activities
  • Use for the purpose of discrimination
  • Who is protected
  • Location
  • The general prohibition
  • More...

IP COMPLETION DAY: 11pm (GMT) on 31 December 2020 marks the end of the Brexit transition/implementation period entered into following the UK’s withdrawal from the EU. At this point in time (referred to in UK law as ‘IP completion day’), key transitional arrangements come to an end and significant changes begin to take effect across the UK’s legal regime. This document contains guidance on subjects impacted by these changes. Before continuing your research, see Practice Note: Brexit and IP completion day—implications for employment lawyers.

Employers and employment agencies will typically wish to obtain references or undergo other vetting processes when deciding who to give work to—see Practice Note: Pre-employment checks. Such things will generally be entirely lawful. Blacklisting, on the other hand, involves systematically compiling information about trade unionists with a view to discriminating against them on the basis of their union membership or activities. Since 2 March 2010, such blacklisting has been unlawful under the Employment Relations Act 1999 (Blacklists) Regulations 2010, SI 2010/493 (Blacklisting Regulations 2010).

Meaning of 'prohibited list'

The statutory provisions use the phrase ‘prohibited list’, the compiling, use, sale or supply of which is unlawful in various circumstances. A ‘prohibited list’ is a list:

  1. which contains details of persons who:

    1. are or have been members of trade unions, or

    2. are taking part or have taken part in trade union activities, and

  2. is

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