Blacklisted

Mrs_Optimist

Ok, so DH and colleagues were made redundant following a tupe in August. There is a Tribunal claim (via Union) ongoing for breaches of tupe regulations, but the original employer, whom they tuped from, have now won back the contract. DH has been told verbally that anyone involved in the Tribunal claim have been blacklisted from rejoining the contract as new employees. I though it was illegal to blacklist you for being a Union member? I am more concerned that they may also decide to "blacklist" providing references, leaving a gaping hole in DH employment history and therefore making it diffficult to secure new employment:mad::mad:

Emmzi

The problem is, how would you prove there was a blacklist?

Mrs_Optimist

Well interestingly enough, one of the men (who isn't a Union member and therefore not involved in the Tribunal) has been re-employed by them again! Talk about actions speaking louder than words! The word "blacklisted" was used by the head of HR when they were contacted about applying for their old jobs!

Jarndyce

Sounds like you are not blacklisted for being a union member, but for being party to a Tribunal claim. Slightly different, but still unlawful. Yes it would be hjard to prove but I think it is worth a further claim. If the original claim has not been heard, then this could be added to it and all the issues heard in the same hearing, so that the tribunal could form a judgement on the whole matter at once. There may not be any written evidence, but it would be fairly clear if all parties to the claim had been refused jobs back in the original company. I suggest you seek the union's advice.

Mrs_Optimist

Thanks Jarndyce, thats what I thought. Granted, it was said verbally, but the fact someone has been taken back on that is not involved in the Tribunal claim (which is currently stayed) stinks. I am more concerned about DH not getting a reference from them, which will severely hamper his prospects of getting a new job, he worked for them for 5 years so its a big gap too fill.

SarEl

Jarndyce wrote: »

Sounds like you are not blacklisted for being a union member, but for being party to a Tribunal claim. Slightly different, but still unlawful. Yes it would be hjard to prove but I think it is worth a further claim. If the original claim has not been heard, then this could be added to it and all the issues heard in the same hearing, so that the tribunal could form a judgement on the whole matter at once. There may not be any written evidence, but it would be fairly clear if all parties to the claim had been refused jobs back in the original company. I suggest you seek the union's advice.

I am afraid that whilst I symptahise, I am not as sanguine about this advice. Op's DH is no longer in employment - they were made redundant in August. So it would appear that the "former employer" is actually a potential new employer. The law says that your employer (that is, your existing employer) cannot discriminate against you for exercising statutory rights. It says nothing at all about any other employer doing so! So unless the OP's DH can evidence that the former employer is also the existing employer, they may find it hard to win jurisdictional issues. The fact is that if, as an employer, I choose to refuse employment to someone who has taken out an employment tribunal against another employer, there is nothing in the law that stops me doing so. Not that I would - in fact I might be more likely to give them the job!