Blacklists and Black Sheep

Abstract

Policing the activities that are borderline between being criminal and non-criminal are complex. Other enforcement agencies, such as the Information Commissioner's Office and the Office of Fair Trading, often become involved. The recent revelation of a secret blacklist of 3,200 construction workers detailing their trade union activities and past employment conduct is an example. This article considers the reactions to such practices. It asks why firms should decide to have recourse to a blacklist and whether it is symptomatic of a wider malaise in terms of a lack of communication. The article suggests that whistle-blowers are the best protection for both workers and the public when statutory inspection and enforcement fails.