14 January 2010

Proposed Blacklist Regulation Protects All?

Draft Regulations laid before Parliament under section 3 of the Employment Relations Act 1999, for approval by resolution of each House of Parliament.

Draft Statutory Instruments

2010 No. 0000

Terms And Conditions Of Employment

The Employment Relations Act 1999 (Blacklists) Regulations 2010

Appears to only protect trade unionists with the general prohibition providing ...

3.—(1) Subject to regulation 4, no person shall compile, use, sell or supply a prohibited list.

(2) A “prohibited list” is a list which—

(a) 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

(b) is 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” means treating a person less favourably than another on grounds of trade union membership or trade union activities.

(4) In these Regulations references to membership of a trade union include references to—

(a) membership of a particular branch or section of a trade union, and

(b) membership of one of a number of particular branches or sections of a trade union;

and references to taking part in the activities of a trade union have a corresponding meaning.

So, if you are a tradeunionist ... sorted. You have some protection under the law.

But isn't this discriminatory? I'd say so.

I wonder if it would be possible to use The Employment Equality (Religion or Belief) Regulations 2003 (No. 1660) in order to extend the powers of the proposed blacklist statutory instrument?

Mmmmm. Still thinking.

... and thinking. No.

15th Feb 2010. Upon receiving the comment from 'Blacklist' I did some googling and found the following post "blacklisting hearings part deux: legislation delayed" which fills in some details. Thanks again for the comment.


  1. the proposed new regulations have hit a barrier. The Joint Committee on Human Rights and the Joint Committee on Statutory Instruments have both given the reg's a knock back precisely because they are too narrow and don't even grant the minimum protection required by the European Convention on Human Rights
    Its all still in the air

  2. Very interesting; thanks for the note.