Blacklisting

The Employment Relations Act 1999 (Blacklists) Regulations 2010, were enacted in response to the blacklisting scandal (see page 13), but weaknesses in these regulations mean that they are widely regarded by campaigners and unions as inadequate as a means of providing effective redress for victims of blacklisting. Unions and campaigners the Blacklist Support Group are instead pursuing other avenues of redress, including a class action for compensation in the High Court. This includes claims for misuse of confidential information, breach of the Data Protection Act 2009, unlawful means conspiracy, breach of privacy and defamation.

Some of the earliest incidents of blacklisting occurred before unfair dismissal or statutory protection for trade union membership was in place, so “conspiracy” allegations give these people a possible claim. According to the Blacklist Support Group, the use of “unlawful means conspiracy” is novel and has “virtually never been used” by a trade union in an employment case.