The Employment Relations Act 1999 (Blacklisting) Regulations 2010 are due to come into force in April 2010. The Regulations make it unlawful to compile, use, sell or supply prohibited lists. They also create new rights for workers not to be subjected to a detriment or dismissal for a reason connected to a prohibited list. A “prohibited list” must contain details of persons are or have been members of trade unions or persons who are taking part or have taken part in trade union activities. The list must also be complied with a view to it being used by employers or employment agencies for the purpose of discrimination.

Compensation is capped at £65,300 but any award shall not be less than £5,000. Claims for breaches must be brought in the employment tribunal within 3 months of the date of the relevant conduct.