The Employment Relations Act 1999 (Blacklists) Regulations 2010, No. 493 (as amended)

The Employment Relations Act 1999 (Blacklists) Regulations 2010 address the practice of "blacklisting" within the employment sector. Here's a summary:

Purpose: The regulations aim to prohibit the compilation, use, and dissemination of blacklists containing information about individuals' trade union membership or activities. The purpose is to prevent unfair treatment or discrimination against workers based on their union affiliation or involvement in trade union activities.

Requirements: The regulations make it unlawful for employers to compile, use, sell, or supply blacklists containing information about individuals' trade union membership or activities. Employers are also prohibited from refusing employment or dismissing individuals based on their presence on a blacklist. Additionally, the regulations require employers to inform affected individuals if they have been subject to blacklisting and provide them with access to the information held about them.

Who They Apply To: The Employment Relations Act 1999 (Blacklists) Regulations 2010 apply to employers, employment agencies, and other organizations involved in the compilation, use, or dissemination of blacklists containing information about individuals' trade union membership or activities. These regulations apply across various sectors and industries, regardless of the size or nature of the employer.

Overall, the regulations aim to protect workers' rights to freedom of association and prevent unfair treatment or discrimination based on their trade union membership or activities. By prohibiting the use of blacklists in employment practices, the regulations promote fairness, transparency, and accountability in the workplace.

The Employment Relations Act 1999 (Blacklists) Regulations 2010 primarily focus on prohibiting the compilation, use, and dissemination of blacklists containing information about individuals' trade union membership or activities. While the regulations do not specify detailed evidence requirements, here's a summary of how evidence may be involved:

1. Documentation of Blacklisting Practices: Individuals who believe they have been subject to blacklisting may need to provide evidence of the existence and use of blacklists containing information about their trade union membership or activities. This could include documentation such as emails, letters, or other communications referencing the use of blacklists or containing information about the individual's trade union affiliation.
2. Proof of Discriminatory Treatment: Individuals alleging blacklisting may need to provide evidence of discriminatory treatment or adverse employment actions taken against them based on their trade union membership or activities. This could include documentation such as disciplinary records, performance evaluations, or witness statements corroborating the individual's claims of unfair treatment.
3. Records of Information Requests: Individuals have the right to request access to any information held about them on blacklists under the regulations. Employers or organizations subject to these requests may need to maintain records of information requests received, responses provided, and any information disclosed to the individual. This documentation serves as evidence of compliance with the regulations and the provision of access to blacklist information.
4. Documentation of Compliance Measures: Employers and organizations subject to the regulations may need to maintain records of compliance measures implemented to prevent blacklisting practices. This could include documentation of policies and procedures prohibiting blacklisting, training programs for employees on anti-blacklisting measures, and internal audits or reviews of compliance with the regulations.
5. Evidence of Communication and Notifications: Employers and organizations may need to provide evidence of communication and notifications provided to affected individuals regarding the prohibition of blacklisting practices. This could include documentation such as employee handbooks, policy manuals, or training materials outlining the prohibition of blacklisting and the consequences of non-compliance.

Overall, while The Employment Relations Act 1999 (Blacklists) Regulations 2010 do not specify detailed evidence requirements, individuals alleging blacklisting and employers subject to the regulations should maintain appropriate records and documentation to ensure compliance with the regulations, address allegations of blacklisting effectively, and mitigate potential risks associated with non-compliance.