LATUC SUBMISSION

GOVERNMENT CONSULTATION ON BLACKLISTING OF TRADE UNIONISTS

We fully support the Government’s decision to outlaw the blacklisting of trade unionists. We wish to make the following submission.

Areas for consultation

1. The definition of a blacklist of trade unionists and the prohibition of the compilation, dissemination and use of such blacklists;

We support the establishment of a criminal offence covering the creation, publication, or use of any list of trade union members drawn up with the object of preventing those members gaining employment. The offence should apply both to those who draw up such a list and any employers or employment agencies which make use of the list.

2. Making it unlawful for organisations to refuse employment, to dismiss an employee or otherwise cause detriment to a worker for a reason related to a blacklist;

We recommend the adoption of the following amended proposal from A Charter of Workers Rights, Institute of Employment Rights, London 2002:

Within employment law, it should be automatically unfair for an employer to engage in any form of anti-union activity. In regard to the use of a blacklist, the following conduct should be regarded as unfair:

· surveillance of workers related to trade union membership or activities;

· using defamatory material or provocative propaganda against trade union members;

· the covert harassment or intimidation of individuals as a result of trade union membership;

· conspiring to discriminate against workers with the intent of denying them employment or causing them any other detriment because of their trade union membership or activities.

3. Making it unlawful for an employment agency to refuse a service to a worker for a reason related to a blacklist;

As we have previously stated above, we believe it should be a criminal offence to make use of any list of trade union members drawn up with the object of preventing those members gaining employment. The offence should equally apply to employment agencies which make use of such lists.

4. Providing for the employment tribunal to hear complaints about alleged breaches and award remedies based on existing trade union law; and

Where an employer or employment agency is found to have used a blacklist, it shall be regarded as equivalent to an unfair dismissal for trade union activity. The Employment Tribunal should have the power to:

· Impose a punitive financial penalty on the employer or employment agency. The amount of the punitive penalty should be set at a significantly greater level than compensation for financial loss, with a minimum but no maximum

· Make an award of compensation to workers who have been subject to the use of a blacklist. The amount awarded should be set at a significantly greater level than compensation for financial loss, with a minimum but no maximum.

5. An alternative, to provide for the courts to hear complaints from any persons that they have suffered loss or potential loss because of a prohibited blacklisting activity.

We believe that it should be open to workers who are adversely affected by the operation of a blacklist to take action in the courts if this would allow higher levels of compensation to be gained in, for example, cases where detriment to a worker has extended over many years.