Section 104F — Blacklists

(1) [F1 An employee who is dismissed shall be regarded for the purposes of this Part as unfairly dismissed if the reason (or, if more than one, the principal reason) for the dismissal relates to a prohibited list, and either—]

(a) [F1 the employer contravenes regulation 3 of the 2010 Regulations in relation to that prohibited list, or]

(b) [F1 the employer—]

(i) [F1 relies on information supplied by a person who contravenes that regulation in relation to that list, and]

(ii) [F1 knows or ought reasonably to know that the information relied on is supplied in contravention of that regulation.]

(2) [F1 If there are facts from which the tribunal could conclude, in the absence of any other explanation, that the employer—]

(a) [F1 contravened regulation 3 of the 2010 Regulations, or]

(b) [F1 relied on information supplied in contravention of that regulation,]

[F1 the tribunal must find that such a contravention or reliance on information occurred, unless the employer shows that it did not.]

(3) [F1 In this section— “ the 2010 Regulations ” means the Employment Relations Act 1999 (Blacklists) Regulations 2010, and “ prohibited list ” has the meaning given in those Regulations (see regulation 3(2)). ]

Amendment notes

1. F1 S. 104F inserted (2.3.2010) by The Employment Relations Act 1999 (Blacklists) Regulations 2010 (S.I. 2010/493), reg. 12(2)