Question to the Department for Business and Trade:

To ask the Secretary of State for Business and Trade, what steps her Department is taking to prevent the blacklisting of trade unions.

The Government is clear that blacklisting is completely unacceptable and has no place in modern employment relations. The Employment Relations Act 1999 (Blacklists) Regulations 2010 made it unlawful for an individual or organisation to compile, sell or make use of a blacklist of trade union members or those who have taken part in trade union activities. Any individual or trade union who believes they have been the victim of blacklisting can enforce their rights under the regulations through an employment tribunal or the county court.

The 2010 blacklisting regulations are reinforced by powers in the Data Protection Act 2018, protecting use of personal data, including information on trade union membership and sensitive personal data.

The Information Commissioner’s Office regulates use of personal data and investigates breaches of the Data Protection Act 2018. It has the power to take enforcement action, including searching premises, issuing enforcement notices and imposing fines for serious breaches. Anyone with evidence that blacklisting is taking place should present it to the Information Commissioner’s Office.