Let’s leave aside the fact that there is no retrospective element to cover those workers on the Consulting Association illegal database. Even if these new regulations were in place back in 1999 or 2003, those workers currently taking ET claims would still be no better off – because everything in the reg’s is about establishing an employer:employee relationship between the blacklisted workers and the blacklisting company.

It is multi-national companies who are responsible for the blacklisting but they are more and more out-sourcing all of their work. This has been the case for decades in construction but casualisation is now sweeping across the rest of the economy.

So if a safety rep is victimised and blacklisted by a multi-national, so long as they are not the direct employer, the company still gets away scot-free. The new Reg’s do not change that problem out bit. They also specifically exclude workers walk off the job if something is unsafe or participate in an informal protest about safety (because only “official” union activity is covered).

The new Reg’s are obviously a step in the right direction but lets not get carried away – they are primarily window dressing that does not upset business too much.