Employment Law Update (February 2010)
Use of blacklists to be outlawed
The Government is bringing in a law to make it illegal for
employers to use "blacklists" provided by certain agencies when
selecting people for work, promotion or other treatment at work.
Employers will face fines of at least £5,000 if they do make use of
such lists.
The new law, which comes into force in April, follows concerns
from trade unions that such "blacklists" are being supplied by
agencies and used by employers to prejudice the rights of trade
union members. The lists give the names of known trade union
members and activists.
The existence of such lists was highlighted last year in a case
concerning the Data Protection Act – for details see the link
below.
Worker blacklist highlights
employer Data Protection duties.
The government took action to specifically outlaw the supply or
use of the lists following concerns that the data protection laws
would not provide adequate protection.
The new law highlights the protection given to workers for
joining or being members of trade unions, and reminds employers
that it is unlawful to discriminate against a person on the grounds
of union membership, non-membership or activity.