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Blacklist definition

What does Blacklist mean? In loan and leveraged finance practice, a blacklist (often called a disqualified lender list) is a contractual schedule in a facility agreement that prohibits assignments, transfers or participations of commitments to named entities. It is not defined by legislation or case law; its scope is set by the parties. Typical entries include competitors of the borrower, distressed-debt or “loan-to-own” funds, and institutions the sponsor or borrower believes would be unsupportive in a workout or restructuring. Provisions commonly require the agent to refuse to register transfers to blacklisted entities and extend to sub-participations. Variations address primary syndication, disclosure of the list...

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Trade Union Blacklisting in Great Britain: Prohibited Lists, Exceptions, Claims, Remedies and Procedure under the Employment Relations Act 1999 (Blacklists) Regulations 2010

Practice notes
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When choosing whom to engage, employers and recruitment agencies commonly request references or conduct other screening—see Practice Note: Pre-employment checks. Such steps are generally entirely lawful. Blacklisting, however, entails deliberately compiling information about trade unionists with the aim of discriminating against them because of their union membership or activities. That form of blacklisting is unlawful under the Employment Relations Act 1999 (Blacklists) Regulations 2010 (Blacklisting Regulations 2010), SI 2010/493.

Meaning of 'Prohibited list'

The statutory scheme uses the term ‘prohibited list’, and in various circumstances it is unlawful to compile, use, sell or supply one.

A ‘prohibited list’ is a list that:

  • contains details of people who:
    • are or have been members of trade unions, or
    • are taking part in or have taken part in trade union activities,
  • and is compiled with the intention that employers or employment agencies will use it to discriminate in relation to recruitment or the treatment of Workers.

The distinct elements of this definition are considered below.

A list

‘List’ is defined as any index or other set of items, whether recorded electronically or by other means...

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Keith Bryant
Keith Bryant , KC chambers

Keith Bryant KC’s wide experience includes advising and acting for commercial and public sector organisations, trustees, government departments and agencies, individuals and unions.His practice is focused on pensions law and employment law and the areas of overlap between the two. He is also increasingly involved in cases with a financial services aspect.Keith is regularly instructed in the High Court (Chancery and King’s Bench Divisions, including Commercial Court and Administrative Court), the Employment Appeal Tribunal and the Appellate Courts, both in England and Wales and also in Northern Ireland. He has been involved in a number of matters before the Determinations Panel of the Pensions Regulator, the Security Vetting Appeals Panel, the Pensions Ombudsman and other specialist tribunals.Keith writes and lectures regularly on pension, employment and other commercial topics. Keith sits as a part time employment judge....

Web page updated on 21/05/2026

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