This is taken from an article in the Guardian Work section 28/06/08 by Phil Chamberlain.

For 30 years it has been illegal to sack a worker for his or union activities and it is commonly thought that blacklisting is also against the law. It was included in the 1999 Employment Relations Act, but in a discreet U-turn the government never formally brought in regulations to bring it to the statute book. Technically it remains legal.

Steve Acheson found out the truth when a subcontractor at the Manchester hospital site ‘let him go.’ At the tribunal Alan Wainwright, a former manager in the construction industry, testified that blacklisting of trade unionists does go on. He affirmed that, “Certain UK construction companies and their mechanical and electrical subsidiaries operate a blacklist procedure to ensure certain electrical operatives do not gain employment on their projects.” Firms of private eyes sell lists of ‘troublemakers’ to these companies.

The tribunal’s conclusion was, “Disgraceful though it is, the tribunal concludes that a blacklist exists in relation to certain workers in the industry in which the claimants work, and that the claimants are on that blacklist.” They found for Acheson.

Ucatt responded, “Blacklisting remains an issue in the construction industry. When companies refuse to hire skilled workers for no apparent reason, someone is pulling the strings in the background.” The Construction Confederation denies flat that blacklisting takes place. ‘Prove it,’ is their riposte. The tribunal did prove it. The Construction Confederation has been caught bang to rights. So they coo like a dove, “Blacklisting is not the practice of a good employer.” Well, quite.

As Phil Chamberlain points out Guardian journalists Richard Norton-Taylor and Mark Hollingsworth  wrote a book Blacklist in 1988 chronicling the list of 30,000 ‘subversives’ held by the Economic league. The vampire-like Economic League expired in 1993, unable long to survive being brought into the light of day.

A spokesperson for the Department of Business said they had carried out a consultation and decided that, as blacklists don’t exist in Britain, legislation was unnecessary. But they do exist and legislation is necessary. All it takes is laying a piece of paper on the table of the House of Commons. New Labour’s idea of consultation is having a gin and tonic with the bosses and listening to their lies.

John McDonnell makes the case for the prosecution. “Blacklisting is a covert, insidious employment practice,” he comments. “These regulations were meant to send out a message that it would not be tolerated under this government. Many trade unionists and our supporters will be disappointed at the government’s failure to act.”