OpenLegislation

Employment Relations Act 2004

2004 c. 24 · Enacted 16 September 2004 · Extends to United Kingdom

Not fully up to date. 14 changes made by later legislation have not yet been written into this text, which is revised to 7 April 2026.

See the changes not yet applied
ProvisionChangeMade by
s. 41(1) (2)repealedPensions Act 2008 Sch. 11 Pt. 1
s. 13omittedEmployment Rights Act 2025 Sch. 6 para. 66(4)
Sch. 1 para. 23(14)(b) and wordomittedEmployment Rights Act 2025 Sch. 6 para. 66(5)(d)
Sch. 1 para. 23(19)omittedEmployment Rights Act 2025 Sch. 6 para. 66(5)(e)
Sch. 1 para. 23(26)(a)omittedEmployment Rights Act 2025 Sch. 6 para. 66(5)(f)
s. 9(1)-(4)omittedEmployment Rights Act 2025 Sch. 6 para. 66(2)(a)
s. 9(5)words substitutedEmployment Rights Act 2025 Sch. 6 para. 66(2)(b)
s. 9(6)-(9)omittedEmployment Rights Act 2025 Sch. 6 para. 66(2)(c)
Sch. 1 para. 15omittedEmployment Rights Act 2025 s. 59(7)
Sch. 1 para. 23(10)(b) and wordomittedEmployment Rights Act 2025 Sch. 6 para. 66(5)(a)
Sch. 1 para. 23(11)(b) and wordomittedEmployment Rights Act 2025 Sch. 6 para. 66(5)(b)
Sch. 1 para. 23(13)(b) and wordomittedEmployment Rights Act 2025 Sch. 6 para. 66(5)(c)
s. 10omittedEmployment Rights Act 2025 Sch. 6 para. 66(3)
Sch. 1 para. 23(27)(a)omittedEmployment Rights Act 2025 Sch. 6 para. 66(5)(g)

An Act to amend the law relating to the recognition of trade unions and the taking of industrial action; to make provision about means of voting in ballots under the Trade Union and Labour Relations (Consolidation) Act 1992; to amend provisions of that Act relating to rights of members and non-members of trade unions and to make other provision about rights of trade union members, employees and workers; to make further provision concerning the enforcement of legislation relating to minimum wages; to make further provision about proceedings before and appeals from the Certification Officer; to make further provision about the amalgamation of trade unions; to make provision facilitating the administration of trade unions and the carrying out by them of their functions; and for connected purposes.

[16th September 2004]

Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—

Contents

  1. Part 1: Union recognition
  2. 1Application for decision on whether proposed bargaining unit is appropriate
  3. 2Power of the CAC to end period for agreement on bargaining unit
  4. 3Duty of employer to supply information to union
  5. 4Determination of appropriate bargaining unit
  6. 5Union communications with workers after acceptance of application
  7. 6Circumstances in which the CAC must arrange a ballot
  8. 7Power of the CAC to extend notification period
  9. 8Postal votes for workers absent from ballot at workplace
  10. 9Additional duties on employers informed of ballots
  11. 10Unfair practices in relation to recognition ballots
  12. 11Application where agreement does not cover pay, hours and holidays
  13. 12Employer’s notice to end bargaining arrangements
  14. 13Unfair practices in relation to derecognition ballots
  15. 14Appeals against demands for costs
  16. 15Power to amend Schedule A1 to the 1992 Act
  17. 16Means of communicating with workers
  18. 17Unfair practices: power to make provision about periods before notice of ballot
  19. 18Power to make provision about effect of amalgamations etc.
  20. 19Information about union membership and employment in bargaining unit
  21. 20“Pay” and other matters subject to collective bargaining
  22. 21Information required by ACAS for ballots and ascertaining union membership
  23. Part 2: Law relating to industrial action
  24. 22Information about employees to be balloted on industrial action
  25. 23Entitlement to vote in ballot on industrial action
  26. 24Inducement of members not accorded entitlement to vote
  27. 25Information about employees to be contained in notice of industrial action
  28. 26Dismissal where employees taking protected industrial action locked out Repealed
  29. 27Date of dismissal Repealed
  30. 28Dismissal after end of protected period Repealed
  31. Part 3: Rights of trade union members, workers and employees
  32. Inducements and detriments in respect of membership etc. of independent trade union
  33. 29Inducements relating to union membership or activities
  34. 30Extension of protection against detriment for union membership etc.
  35. 31Detriment for use of union services or refusal of inducement
  36. 32Dismissal for use of union services or refusal of inducement
  37. Exclusion and expulsion from trade unions
  38. 33Exclusion or expulsion from trade union attributable to conduct
  39. 34Applications no longer to be made to Employment Appeal Tribunal
  40. Other rights of workers and employees
  41. 35Disapplication of qualifying period and upper age limit for unfair dismissal
  42. 36National security: powers of employment tribunals
  43. 37Role of companion at disciplinary or grievance hearing
  44. 38Extension of jurisdiction of Employment Appeal Tribunal
  45. 39Ways in which provision conferring rights on individuals may be made
  46. 40Protection of employees in respect of jury service
  47. 41Flexible working
  48. 42Information and consultation: Great Britain
  49. 43Information and consultation: Northern Ireland
  50. Part 4: Enforcement of minimum wage legislation
  51. 44Information supplied by worker and employer
  52. 45Enforcement notices Repealed
  53. 46Withdrawal and replacement of, and appeals against, notices Repealed
  54. 47Enforcement officers for agricultural wages legislation Repealed
  55. Part 5: The Certification Officer
  56. 48Striking out by Certification Officer of applications or complaints
  57. 49Restriction of proceedings orders: proceedings before Certification Officer
  58. 50Amalgamations: approval, listing and certification
  59. 51Restriction of grounds of appeal from Certification Officer
  60. Part 6: Miscellaneous
  61. 52Additional case in which election for president of union not required
  62. 53Removal of rule preventing appointment of body corporate as auditor
  63. 54Means of voting in ballots and elections
  64. 55Provision of money for trade union modernisation
  65. Part 7: Supplementary provisions
  66. 56Meaning of “the 1992 Act”
  67. 57Minor and consequential amendments and repeals
  68. 58Corresponding provision for Northern Ireland
  69. 59Citation, commencement and extent
  70. Schedule 1: Minor and consequential amendments
  71. Agricultural Wages Act 1948
  72. 1Paragraph 1 Repealed
  73. Agricultural Wages (Regulation) (Northern Ireland) Order 1977
  74. 2Paragraph 2
  75. The 1992 Act
  76. 3Paragraph 3
  77. 4Paragraph 4
  78. 5Paragraph 5
  79. 6Paragraph 6
  80. 7Paragraph 7
  81. 8Paragraph 8
  82. 9Paragraph 9
  83. 10Paragraph 10
  84. 11Paragraph 11
  85. 12Paragraph 12
  86. 13Paragraph 13 Repealed
  87. 14Paragraph 14 Repealed
  88. 15Paragraph 15
  89. 16Paragraph 16
  90. 17Paragraph 17
  91. 18Paragraph 18
  92. 19Paragraph 19
  93. 20Paragraph 20
  94. 21Paragraph 21
  95. 22Paragraph 22
  96. 23Paragraph 23
  97. Employment Tribunals Act 1996
  98. 24Paragraph 24
  99. 25Paragraph 25
  100. 26Paragraph 26
  101. 27Paragraph 27
  102. Employment Rights Act 1996
  103. 28Paragraph 28
  104. 29Paragraph 29
  105. 30Paragraph 30
  106. 31Paragraph 31
  107. 32Paragraph 32
  108. 33Paragraph 33
  109. 34Paragraph 34
  110. 35Paragraph 35
  111. 36Paragraph 36
  112. 37Paragraph 37
  113. 38Paragraph 38
  114. 39Paragraph 39
  115. National Minimum Wage Act 1998
  116. 40Paragraph 40 Repealed
  117. 41Paragraph 41 Repealed
  118. Employment Relations Act 1999
  119. 42Paragraph 42
  120. Employment Act 2002
  121. 43Paragraph 43
  122. Schedule 2Repeals