The Government has now published its response to the blacklisting consultation. Revised draft regulations have been published that will be laid before Parliament next year.

Overall, despite some minor improvements, the revised draft regulations do not represent a major advance from the Government’s proposals published in its consultation in July.

The specific proposals to strengthen the regulations, made by trade unions and Thompsons, which have been rejected include:

  • criminal sanctions for use of blacklists
    extended coverage to include lists whose initial purpose was not blacklisting, but which come to be used as a blacklist over time
    assigning new enforcement powers to BIS (Department for Business, Innovation and Skills) or another agency to help enforce rights under the regulations by investigating complaints
    giving trade unions a wider role in taking legal action on behalf of members
    adopting the time limits used for “concealment” cases under the Equal Pay Act 1970
    empowering tribunals to require blacklisters to stop blacklisting
    extending coverage in relation to intermediaries.
  • The improvements which have been made in the revised draft regulations include:

    extending coverage to include former trade union members
    providing for a “just and equitable” test for the purpose of time limits
    establishing a minimum amount of compensation of £5000
    applying the dispute resolution procedures to a claim (which would allow for uplifts to compensation).

Richard Arthur, head of trade union law at Thompsons said: “It is particularly disappointing that the Government has decided not to impose a system of criminal sanctions for blacklisters. It does not give due priority to the rights of an individual who has been blacklisted for the Government to say that appropriate criminal sanctions already exist in the hands of the Information Commissioner.

“Blacklisting is a practice which has been condemned consistently by the supervisory bodies of international treaties to which the United Kingdom is a party. The only effective way to protect those rights is through the introduction of criminal sanctions.”

To access the government response to the public consultation, go to: www.berr.gov.uk.