Labour Research February 2016



Companies involved in blacklisting will be excluded from bidding for public contracts, under new regulations laid in the Scottish Parliament last month.

From 18 April 2016, it will be a legal requirement for public bodies to exclude businesses which are found to have breached the Employment Relations Act 1999 (Blacklists) Regulations 2010, or which have admitted to doing so. This will remain in force until the business has taken appropriate remedial measures, or a period of three years has elapsed since the blacklisting occurred, which is the maximum timescale allowed under EU law.

The legal requirement to exclude such companies replaces previous guidelines for public bodies which required companies seeking public sector contracts to disclose whether they have been involved in the practice.