Blacklisting
Under the existing Employment Relations Act 1999 (Blacklists) Regulations 2010, it is unlawful to compile, sell, supply or use a “prohibited list”, namely a list containing details of trade union members or people who have taken part in trade union activities, where the list is compiled for the purpose of discrimination.
If an employer or employment agency uses a blacklist of trade unionists in deciding to refuse a worker a job, the worker can pursue a claim and seek compensation. Likewise, they can pursue a claim if they are treated less favourably as a consequence of a blacklist or dismissed as a consequence of a blacklist.
The Employment Rights Act 2025 introduces relatively modest changes to the law on blacklisting that are expected to come into force in 2027. A potential problem with the existing provisions was a potential loophole: if a list was not originally compiled for discriminatory purposes, then it might be argued by an employer there was no breach where the list was later used to discriminate against a trade union member. A new provision will enable the Government to make regulations to prohibit lists of trade unionists compiled for lawful purposes, including lists compiled by AI, from later being sold or supplied for the purposes of blacklisting. The Regulations will also prohibit organisations, which are neither employers nor employment agencies, from using blacklists
Unfortunately, despite the devastating effect which employers colluding together to blacklist trade unionists can have on a worker’s ability to continue working in their chosen occupation, the government has not taken the opportunity to make blacklisting a criminal offence.
This publication is a general summary of the law. It should not replace legal advice tailored to your specific circumstances.
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