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Blacklisting trade union members

'Blacklisting' is where an organisation collects information on trade union members to enable that organisation or others to treat workers or job applicants less favourably because of their trade union membership or activities.

In the past, trade union blacklists have focused on prominent trade union members, for example shop stewards or other workplace representatives. However, they have also identified ordinary members.

From 2 March 2010, it became unlawful for any individual, business or other organisation to compile (draw up), supply, sell or use a blacklist.

It also became unlawful for an employer to:

• refuse you employment for a reason related to a blacklist
• dismiss you for a reason related to a blacklist
• subject you to any other detriment for a reason related to a blacklist (eg refused you a promotion or pay rise)
  

It is also unlawful for an employment agency to refuse its services to you for a reason related to a blacklist.

Employers and employment agencies could be acting unlawfully if they:

• directly access the blacklists
• access them indirectly via middle men or other intermediaries

When a 'list' becomes a 'blacklist'

For a list to be a 'blacklist' it must both:

• contain information about trade union members or activists
• have been complied to be used by employers or employment agencies to discriminate on grounds of trade union membership or activities when recruiting or when employing people

Everyone on a blacklist is protected, even if the list includes details of trade union members and non-trade union members.

A blacklist could be stored in any form - manually or electronically. For example, it could be an encrypted or encoded file or a collection of various different papers. The blacklist could be information in more than one location, eg data held on different machines using a variety of software.

A blacklist could record any information on individuals. Most are likely to include the names, addresses, National Insurance numbers or other identifying information. Some might also refer to the trade union activities, occupations or work histories of those listed.

Exceptions from 'blacklisting'

There are circumstances where you, your employer or others can lawfully compile, supply, sell or use a blacklist.

For example, you can lawfully supply or use a blacklist to draw attention to its existence if you are both:

• acting in the public interest
• not publishing the names of those listed without the consent of the individuals concerned

Other exceptions relate in particular to lawyers, providers of postal services and trade unions. Information about these and other exceptions can be found on the Department for Business, Innovation and Skills website.

• Department for Business - trade unions Opens new window

Blacklists outside Great Britain

The new law on blacklists only applies only to Great Britain. This means that any blacklist complied outside Great Britain is not covered. However, if a British-located employer uses a blacklist compiled or held outside Great Britain to discriminate against you, that employer would still be acting unlawfully.

Other lists your employer or employment agency may use

Your current or previous employer will almost certainly hold information on you and others. For example, they may hold your pay details and address. These lists are normally lawful and helpful to you.

Sometimes, lists may contain less favourable information about you, such as your disciplinary or attendance records. Just because your employer records unfavourable information does not mean that a blacklist exists or that your employer is acting unlawfully.

It is a common practice for employers or employment agencies to carry out pre-employment checks on you. There are rules that they should follow, but generally these checks are legal.

• Pre-employment checks

Where to get help

You may be able to make a complaint to an Employment Tribunal or the courts about blacklisting. For more information read 'Making a complaint about blacklisting'.

• Making a complaint about blacklisting