Blacklisting

The bill includes provision to extend protection against employers’ use of trade union blacklists contained in section 3 of the Employment Relations Act 1999.

The current law only prevents the use of union blacklists if a list is “compiled with a view to being used by employers or employment agencies” to refuse employment to or penalise a union member. The bill would extend its reach in two ways:

• by removing the reference to “employers or employment agencies” so that it can apply to third parties; and

• by regulations, extend the scope so that it covers the use of a blacklist even if the list was not originally prepared for that purpose.

The government says this would include the use of a list compiled by AI.