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Trade union blacklists
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Strengthening current protection
Currently, legislation bans the blacklisting of trade union members for employment purposes – i.e. specifically banning the use of lists containing names of those who have taken part in activities, such as strikes, from being used by employers and employment agencies to discriminate against them.
The new regulations will:
- Remove the reference to the use of lists by just employers and employment agencies
- Include a ban of the sale and supply of any lists
- Extend the ban on blacklists to lists that are used for the purposes of discrimination despite not having been originally created for that purpose – e.g. if AI compiles a list for another purpose and it's subsequently sold, supplied or used by a person with a view to discriminate, the list becomes a prohibited list at that point.
- Ensure that, because of the removal of references to employers or employment agencies from blacklisting legislation, protections in relation to third parties compiling blacklists can be strengthened – e.g. against those who do not have a direct employment relationship with the individual being blacklisted.