The Employment Relations Act 1999 (Blacklists) Regulations 2010

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations generally prohibit the compilation, use, sale or supply of blacklists containing details of trade union members and activists whose purpose is to discriminate against workers on grounds of trade union membership or trade union activities (regulation 3). The Regulations give rights to persons to complain to the employment tribunal in certain circumstances. These rights arise where a person has been refused employment (regulation 5) or employment agency services (regulation 6) or been subjected to a detriment (regulation 9) for a reason related to a blacklist. The Regulations make amendments to the Employment Rights Act 1996 to also give a right of complaint to the employment tribunal where a person has been unfairly dismissed for a reason relating to a blacklist. The Regulations provide for minimum and maximum compensation available from the employment tribunal in specified cases. Persons who have suffered or will suffer a loss due to the use or apprehended use of a blacklist may apply to the Court for damages, including damages for injury to feelings, and for orders restraining or preventing the compilation, use, sale or supply of the blacklist (regulation 13). A person cannot claim compensation from the employment tribunal and damages from the Court in respect of the same conduct (regulation 13(5)). Where a person is pursuing a complaint before the employment tribunal, that person is permitted to apply to the Court for orders restraining or preventing the compilation, use, sale or supply of the blacklist in question (regulation 13(4)).

A full impact assessment of the effect that this instrument will have on the costs of business is available at http://www.berr.gov.uk/files/file54074.pdf and from the Employment Relations Directorate of the Department for Business, Innovation and Skills, 1 Victoria Street, London, SW1H 0ET.