By Jess Moss
In 2009, a private detective was prosecuted and fined for offering a service which ran checks on people and held a database of names of people who were trade union members or who had been involved in trade union activities as well as their political affiliation.
The list had the details of over three thousand construction workers and was being sold as a subscription service to some reputable construction companies. As a result, many potential employees were being denied work on the basis of their trade union affiliations.
Following this revelation, changes to employment law were brought about: the Employment Relations Act 1999 (Blacklists) Regulations 2010 was introduced to make discrimination on the grounds of trade union affiliation illegal.
As a result, from the 2nd March 2010 it has been illegal to compile, use, sell or supply ‘prohibited lists.’ By prohibited lists, the law refers to similar lists as mentioned above. Now, subject to some exceptions, candidates and employees have the right not to suffer any discrimination, or dismissal as a result of being on any such prohibited list.
The law now dictates that any dismissal of an employee as a result of their presence on any prohibited list is automatically unfair dismissal. Any employee who has had their contract terminated for a reason relating to any such list will be entitled to take their case of unfair dismissal to the Employment Tribunal.
The Employment Tribunal has the right to award up to £65,000 for unfair dismissal claims, including loss of earnings. The Tribunal also has the power to put into place rules in companies to ensure the same doesn’t happen again.
The list had the details of over three thousand construction workers and was being sold as a subscription service to some reputable construction companies. As a result, many potential employees were being denied work on the basis of their trade union affiliations.
Following this revelation, changes to employment law were brought about: the Employment Relations Act 1999 (Blacklists) Regulations 2010 was introduced to make discrimination on the grounds of trade union affiliation illegal.
As a result, from the 2nd March 2010 it has been illegal to compile, use, sell or supply ‘prohibited lists.’ By prohibited lists, the law refers to similar lists as mentioned above. Now, subject to some exceptions, candidates and employees have the right not to suffer any discrimination, or dismissal as a result of being on any such prohibited list.
The law now dictates that any dismissal of an employee as a result of their presence on any prohibited list is automatically unfair dismissal. Any employee who has had their contract terminated for a reason relating to any such list will be entitled to take their case of unfair dismissal to the Employment Tribunal.
The Employment Tribunal has the right to award up to £65,000 for unfair dismissal claims, including loss of earnings. The Tribunal also has the power to put into place rules in companies to ensure the same doesn’t happen again.
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