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The Employment Relations Act 1999 (Blacklists) Regulations 2010

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This is a draft item of legislation and has not yet been made as a UK Statutory Instrument. This draft has been replaced by a new draft, The Employment Relations Act 1999 (Blacklists) Regulations 2010 ISBN 978-0-11-149104-1

Refusal of employment

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5.—(1) A person (P) has a right of complaint to an employment tribunal against another (R) if R refuses to employ P for a reason which relates to a prohibited list, and either—

(a)R contravenes regulation 3 in relation to that list, or

(b)R—

(i)relies on information supplied by a person who contravenes that regulation in relation to that list, and

(ii)knows or ought reasonably to know that the information relied on is supplied in contravention of that regulation.

(2) R shall be taken to refuse to employ P if P seeks employment of any description with R and R—

(a)refuses or deliberately omits to entertain and process P’s application or enquiry;

(b)causes P to withdraw or cease to pursue P’s application or enquiry;

(c)refuses or deliberately omits to offer P employment of that description;

(d)makes P an offer of such employment the terms of which are such as no reasonable employer who wished to fill the post would offer and which is not accepted; or

(e)makes P an offer of such employment but withdraws it or causes P not to accept it.

(3) If there are facts from which the tribunal could conclude, in the absence of any other explanation, that R contravened regulation 3 or relied on information supplied in contravention of that regulation, the tribunal must find that such a contravention or reliance on information occurred unless R shows that it did not.

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