OpenLegislation

Employment Relations Act 2004 in Northern Ireland

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  26. 26Dismissal where employees taking protected industrial action locked out Repealed
  27. 27Date of dismissal Repealed
  28. 28Dismissal after end of protected period Repealed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