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The short version
Blacklisting means keeping a secret list of workers -- usually based on trade union membership or raising health and safety concerns -- and using it to deny them employment. It's illegal. It happened on a massive, organised scale in UK construction for decades. The Consulting Association ran a database of over 3,200 construction workers that major contractors paid to access before hiring. It was raided by the ICO in 2009. The companies involved paid an estimated £75 million in compensation. The Regulations remain in force. If you think you've been blacklisted, there are specific steps you can take.
Why this matters in construction
This isn't a hypothetical. This is the industry where it actually happened -- and on a scale that shocked even the people investigating it.
The Consulting Association, founded by Sir Robert McAlpine Ltd, operated an illegal blacklist from 1993 to 2009. Construction firms paid to check the names of prospective workers against the database. People were denied work -- sometimes for years -- because they were union members, safety reps, or had raised concerns on site. Some entries included details about workers' political views and personal relationships.
The firms involved included Balfour Beatty, Carillion, Costain, Kier, Laing O'Rourke, Sir Robert McAlpine, Skanska and Vinci. Over 40 companies used the list. Individual compensation payouts ranged from £10,000 to £200,000.
If you think blacklisting is history, consider this: the Regulations only cover lists compiled on the basis of trade union membership or activities. Less formal methods of screening out "troublemakers" -- word-of-mouth, informal calls between managers, shared spreadsheets -- are harder to prove but haven't gone away.
What the law says
The Employment Relations Act 1999 (Blacklists) Regulations 2010
The Regulations make it unlawful to:
| Prohibited action | What it means |
|---|---|
| Compile a prohibited list | Creating or maintaining a list of workers based on trade union membership or activity |
| Use a prohibited list | Checking names against such a list for any employment-related purpose |
| Sell or supply a prohibited list | Providing the list to third parties |
| Refuse employment because of a prohibited list | Turning someone down for work because their name appears on the list |
| Dismiss someone because of a prohibited list | Sacking a worker for a reason connected to the list |
| Subject someone to detriment because of a prohibited list | Any disadvantage -- demotion, shift changes, being passed over -- connected to the list |
| Refuse employment agency services because of a prohibited list | Agency refusing to put someone forward for work because of the list |
What counts as a "prohibited list"
A prohibited list is any list that:
- Contains details of people who are or have been trade union members or who have taken part in trade union activities
- Is compiled with a view to being used by employers or agencies to discriminate against those people in relation to employment
Enforcement and remedies
| Route | What you can claim | Time limit |
|---|---|---|
| ET -- refused employment (reg.5) | Compensation (minimum award applies) | 3 months from the act complained of |
| ET -- refused agency services (reg.6) | Compensation | 3 months |
| ET -- detriment (reg.9) | Compensation | 3 months |
| ET -- unfair dismissal (reg.12) | Unfair dismissal compensation -- automatically unfair, no qualifying period | 3 months from dismissal |
| High Court / County Court (reg.13) | Damages including injury to feelings; injunctions to prevent use of list | Standard limitation |
A dismissal connected to a blacklist is automatically unfair -- no qualifying period required. You don't need two years' service (or six months from 2027). If the reason was connected to a prohibited list, it's unfair from day one.
You cannot claim both tribunal compensation and court damages for the same conduct -- but you can pursue a tribunal claim and a court injunction at the same time.
What blacklisting looked like in practice
Based on the Consulting Association scandal:
- A contractor considering hiring a worker would call the Consulting Association and give them the worker's name
- The Association would check the database and report back -- sometimes with detailed file notes
- Workers flagged as union members, safety reps, or having raised complaints would be rejected without ever knowing why
- Files contained information on political views, personal relationships, and workplace activities
- Workers experienced years of unexplained unemployment, assuming the work had dried up -- when in reality, they'd been quietly excluded
- Over 3,200 names were on the database when it was seized
- The GMB estimated total compensation across all claims reached approximately £75 million for around 800 claimants
How to check if you were blacklisted
The Consulting Association database
If you worked in construction and suspect your name was on the Consulting Association list:
-
Contact the ICO directly -- Phone 0303 123 1113. They hold the seized database and can check whether your name appears. You'll need to provide proof of identity, address, and National Insurance number.
-
Submit a Subject Access Request -- Under the UK GDPR / Data Protection Act 2018, you have the right to request any personal data held about you. The ICO made the Consulting Association data available to affected workers.
Current or ongoing blacklisting
If you suspect you're being blacklisted now -- not historically:
-
Subject Access Request to your former employer -- Under Article 15 UK GDPR, you can request all personal data they hold on you, including any references given about you, internal notes, or HR records.
-
Subject Access Request to employment agencies -- If agencies are suddenly not putting you forward for work, request your data. They must respond within one calendar month.
-
Contact your union -- Unite, GMB, and UCATT (now part of Unite) have dedicated legal teams with experience in blacklisting cases. They know what to look for.
-
Keep a record -- Document every application, every rejection, every time you're told "nothing available" when you know there's work on. Patterns matter.
Signs you may be being blacklisted
- You're experienced, qualified, and available -- but agencies and contractors that used to call you have gone silent
- You raised a health and safety concern or made a complaint on a previous site, and work dried up immediately afterwards
- You're a union rep or have been active in trade union matters
- You're repeatedly told "the role's been filled" when you know it hasn't
- Other workers with similar skills and experience are getting work; you're not
- You've been given vague or no reasons for not being selected on multiple occasions
None of these proves blacklisting on their own. But a pattern -- especially following union activity or raising safety concerns -- is exactly what the Regulations are designed to address.
What to do if you suspect blacklisting
| Step | Action |
|---|---|
| 1 | Write everything down. Dates, companies, agencies, conversations, rejections. Keep texts, emails, letters. |
| 2 | Submit Subject Access Requests. To former employers, agencies, and the ICO (for the Consulting Association database). |
| 3 | Contact your union. Unite and GMB have specialist blacklisting legal teams. If you're not in a union, join one. |
| 4 | Contact ACAS. Before any tribunal claim, you must go through ACAS Early Conciliation. Call 0300 123 1100. |
| 5 | File a tribunal claim within 3 months. The clock runs from the date of the act complained of (refusal, dismissal, or detriment). Don't wait. |
| 6 | Report to the ICO. If you believe personal data is being compiled or shared unlawfully, the ICO has enforcement powers under the Data Protection Act 2018. |
| 7 | Consider a High Court claim. For damages (including injury to feelings) and/or an injunction to prevent continued use of a list. |
What happens if you're caught blacklisting
For employers and agencies:
- Tribunal compensation with minimum awards specified in the Regulations
- Automatically unfair dismissal claims -- no qualifying period, no service requirement
- High Court damages including injury to feelings -- this was a significant element of the Consulting Association payouts
- Injunctions preventing further use of the list
- ICO enforcement action under data protection legislation -- fines, enforcement notices, criminal prosecution
- The Consulting Association's director, Ian Kerr, was prosecuted and fined (though the £5,000 fine under the Data Protection Act 1998 was widely criticised as inadequate)
- Reputational destruction -- the firms involved in the Consulting Association scandal are still named and discussed over a decade later
- Exclusion from public procurement -- blacklisting can constitute "grave professional misconduct" under procurement regulations, potentially barring firms from public-sector contracts
The limitations you should know
The Regulations only cover blacklisting based on trade union membership or trade union activities. They do not cover:
- Lists based on raising health and safety concerns (though this may be covered by other legislation -- whistleblowing, automatic unfair dismissal under s.100 ERA 1996)
- Informal word-of-mouth "do not hire" arrangements that leave no paper trail
- Blacklisting for reasons unrelated to trade unions (e.g. commercial disputes, personal grudges)
- Algorithmic or screening that achieves the same effect without a physical "list"
This is a known gap. Campaigners and unions have argued the Regulations should be broader. As it stands, if the blacklisting isn't connected to trade union membership or activity, you'd need to pursue other routes -- data protection, whistleblowing protection, or discrimination claims depending on the facts.
What to do next
- If you suspect you were on the Consulting Association database, contact the ICO on 0303 123 1113 with proof of identity to check.
- Submit Subject Access Requests to former employers and agencies to get copies of any data they hold on you.
- Contact your union -- Unite and GMB have dedicated legal teams with experience in blacklisting cases.
- Document every application, rejection, and unexplained silence. Patterns are your evidence.
- Act within time limits -- tribunal claims must be filed within three months of the act complained of.
Sources
- Employment Relations Act 1999 (Blacklists) Regulations 2010 (SI 2010/493)
- Trade Union and Labour Relations (Consolidation) Act 1992, s.137
- Data Protection Act 2018 / UK GDPR, Article 15 (Subject Access Requests)
- ICO -- Construction Employment Deny List
- Wikipedia -- Consulting Association
- BBC News -- Construction workers in fresh 'blacklisting' action (2019)
- BBC News -- Construction workers win payouts for 'blacklisting' (2016)
- CWU -- Construction blacklisting victory sees £10 million pay-out to 256 workers
- Personnel Today -- Blacklisted construction workers receive millions in compensation
- CMS Law -- Blacklisting in the construction industry
- GOV.UK -- Blacklisting of trade unionists: guidance
- Welsh Government -- Code of Practice: Guide to Tackling Blacklisting
- Do I Have A Case -- Blacklisting of Construction Workers (ICO contact details)
- Croner -- Blacklisting in the construction industry
- Oxford Academic -- Blacklisting Regulations: A New Protective Tool for Workers
- East Sussex Council -- Blacklisting in the Construction Industry (procurement implications)
- Employment Cases Update -- Blacklists Regulations 2010
This guide is for general information only and does not constitute legal, tax, or financial advice. Legislation, case law, and HMRC guidance change frequently. Blacklisting claims are fact-sensitive and time-limited -- tribunal claims must generally be filed within three months of the act complained of. The Consulting Association database is held by the ICO; contact them directly for individual checks. Always take professional advice specific to your circumstances before acting on anything in this guide. SiteKiln is not a law firm and accepts no liability for actions taken based on this content.
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