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GBR-2010-R-83123
Breadcrumb
Title_of_text
The Employment Relations Act 1999 (Blacklists) Regulations 2010 (S.I. 2010/493).
Main Region
First Region
Country(ies)
United Kingdom
Subjects (Classification)
Freedom of association, collective bargaining and industrial relations
Adopted on (Date of text)
2010-03-01
Scope of text
National
Type of legislation (Type of text)
Regulation, Decree, Ordinance
Second Region
Abstract/Citation
These Regulations generally prohibit the compilation, use, sale or supply of blacklists containing details of trade union members and activists whose purpose is to discriminate against workers on grounds of trade union membership or trade union activities (regulation 3). The Regulations give rights to persons to complain to the employment tribunal in certain circumstances. These rights arise where a person has been refused employment (regulation 5) or employment agency services (regulation 6) or been subjected to a detriment (regulation 9) for a reason related to a blacklist. The Regulations make amendments to the Employment Rights Act 1996 to also give a right of complaint to the employment tribunal where a person has been unfairly dismissed for a reason relating to a blacklist. The Regulations provide for minimum and maximum compensation available from the employment tribunal in specified cases. Persons who have suffered or will suffer a loss due to the use or apprehended use of a blacklist may apply to the Court for damages, including damages for injury to feelings, and for orders restraining or preventing the compilation, use, sale or supply of the blacklist (regulation 13). A person cannot claim compensation from the employment tribunal and damages from the Court in respect of the same conduct (regulation 13(5)). Where a person is pursuing a complaint before the employment tribunal, that person is permitted to apply to the Court for orders restraining or preventing the compilation, use, sale or supply of the blacklist in question (regulation 13(4)).
Entry dates region
Date of entry into force
2010-03-02
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Basic Text region
Basic text(s)
1999-07-27 (GBR-1999-L-54812)
Employment Relations Act 1999 (c. 26).
Related Text region
Related text(s)
2004-09-16 (GBR-2004-L-68771)
Employment Relations Act 2004.
Electronic region
Electronic source title
Regulations on-line
Author
Office of Public Sector Information (OPSI)
Country
United Kingdom
URL
http://www.opsi.gov.uk/si/si2010/pdf/uksi_20100493_en.pdf