by Phil Chamberlain
Campaigners fear a lack of parliamentary time may hamper any chance of toughening up proposed rules outlawing blacklisting.
Last week, the Government published the results of its consultation on introducing regulations to stop workers being blacklisted. Employment relations minister Lord Young said: “Blacklisting someone because they are a member of a trade union is totally unacceptable. We will now strengthen the law by introducing new regulations to outlaw the compilation, dissemination and use of blacklists.”
Unions and employment law specialists had urged ministers to tighten the draft rules as they said it gave too many loopholes to unscrupulous employers. But those published last week barely differed from those sent out for consultation.
Professor Keith Ewing of King’s College, London, who wrote the report Ruined Lives on the issue, described the proposed legislation as “disgraceful”. He said: “In their present form, the regulations are not worth having; they change nothing, give no new rights and it is a delusion to think otherwise.”
A spokesman for the Blacklist Support Group said: “The Government response even appears to concede the need for employers to use lists to ‘vet’ staff so long as they do not vet an individual’s trade union activities. This is not a loophole: it is a get out of jail free card for blacklisters.”
UCATT general secretary Alan Ritchie said: “The Government has repeatedly promised to outlaw blacklisting. The proposed regulations fail to achieve this. Not only are these regulations entirely inadequate, the Government’s consultation response favours the continuation of blacklisting in certain circumstances.”
The union points out that in the event of workers stopping work due to serious safety concerns this is considered to be unofficial industrial action. Such unofficial industrial action, which is legal, would not be covered by the proposed regulations and companies could continue to discriminate against workers who took part in such a stoppage.
Michael Clapham, Labour MP for Barnsley West and Penistone, said the regulations needed to be “much more comprehensive”. He wants them to be scrutinised by the House of Commons Human Rights Select Committee.
However, Mr Clapham acknowledged there was a real dilemma over whether to accept the regulations and get them on the statute book or press for changes and risk running out of time before a general election expected in May.
The Government says the regulations would make it unlawful for organisations to refuse employment or sack individuals as a result of appearing on a blacklist; make it unlawful for employment agencies to refuse to provide a service on the basis of appearing on a blacklist; and enable individuals – or unions – to pursue compensation against those who compile, distribute or use blacklists.
