Employment Relations Act 2004 in Wales
2004 c. 24 · Enacted 16 September 2004 · Extends to United Kingdom
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
- Part 1: Union recognition
- 1Application for decision on whether proposed bargaining unit is appropriate
- 2Power of the CAC to end period for agreement on bargaining unit
- 3Duty of employer to supply information to union
- 4Determination of appropriate bargaining unit
- 5Union communications with workers after acceptance of application
- 6Circumstances in which the CAC must arrange a ballot
- 7Power of the CAC to extend notification period
- 8Postal votes for workers absent from ballot at workplace
- 9Additional duties on employers informed of ballots
- 10Unfair practices in relation to recognition ballots
- 11Application where agreement does not cover pay, hours and holidays
- 12Employer’s notice to end bargaining arrangements
- 13Unfair practices in relation to derecognition ballots
- 14Appeals against demands for costs
- 15Power to amend Schedule A1 to the 1992 Act
- 16Means of communicating with workers
- 17Unfair practices: power to make provision about periods before notice of ballot
- 18Power to make provision about effect of amalgamations etc.
- 19Information about union membership and employment in bargaining unit
- 20“Pay” and other matters subject to collective bargaining
- 21Information required by ACAS for ballots and ascertaining union membership
- Part 2: Law relating to industrial action
- 22Information about employees to be balloted on industrial action
- 23Entitlement to vote in ballot on industrial action
- 24Inducement of members not accorded entitlement to vote
- 25Information about employees to be contained in notice of industrial action
- 26Dismissal where employees taking protected industrial action locked out Repealed
- 27Date of dismissal Repealed
- 28Dismissal after end of protected period Repealed
- Part 3: Rights of trade union members, workers and employees
- Inducements and detriments in respect of membership etc. of independent trade union
- 29Inducements relating to union membership or activities
- 30Extension of protection against detriment for union membership etc.
- 31Detriment for use of union services or refusal of inducement
- 32Dismissal for use of union services or refusal of inducement
- Exclusion and expulsion from trade unions
- 33Exclusion or expulsion from trade union attributable to conduct
- 34Applications no longer to be made to Employment Appeal Tribunal
- Other rights of workers and employees
- 35Disapplication of qualifying period and upper age limit for unfair dismissal
- 36National security: powers of employment tribunals
- 37Role of companion at disciplinary or grievance hearing
- 38Extension of jurisdiction of Employment Appeal Tribunal
- 39Ways in which provision conferring rights on individuals may be made
- 40Protection of employees in respect of jury service
- 41Flexible working
- 42Information and consultation: Great Britain
- Part 4: Enforcement of minimum wage legislation
- 44Information supplied by worker and employer
- 45Enforcement notices Repealed
- 46Withdrawal and replacement of, and appeals against, notices Repealed
- 47Enforcement officers for agricultural wages legislation Repealed
- Part 5: The Certification Officer
- 48Striking out by Certification Officer of applications or complaints
- 49Restriction of proceedings orders: proceedings before Certification Officer
- 50Amalgamations: approval, listing and certification
- 51Restriction of grounds of appeal from Certification Officer
- Part 6: Miscellaneous
- 52Additional case in which election for president of union not required
- 53Removal of rule preventing appointment of body corporate as auditor
- 54Means of voting in ballots and elections
- 55Provision of money for trade union modernisation
- Part 7: Supplementary provisions
- 56Meaning of “the 1992 Act”
- 57Minor and consequential amendments and repeals
- 59Citation, commencement and extent
- Schedule 1: Minor and consequential amendments
- Agricultural Wages Act 1948
- 1Paragraph 1 Repealed
- Agricultural Wages (Regulation) (Northern Ireland) Order 1977
- 2Paragraph 2
- The 1992 Act
- 3Paragraph 3
- 4Paragraph 4
- 5Paragraph 5
- 6Paragraph 6
- 7Paragraph 7
- 8Paragraph 8
- 9Paragraph 9
- 10Paragraph 10
- 11Paragraph 11
- 12Paragraph 12
- 13Paragraph 13 Repealed
- 14Paragraph 14 Repealed
- 15Paragraph 15
- 16Paragraph 16
- 17Paragraph 17
- 18Paragraph 18
- 19Paragraph 19
- 20Paragraph 20
- 21Paragraph 21
- 22Paragraph 22
- 23Paragraph 23
- Employment Tribunals Act 1996
- 24Paragraph 24
- 25Paragraph 25
- 26Paragraph 26
- 27Paragraph 27
- Employment Rights Act 1996
- 28Paragraph 28
- 29Paragraph 29
- 30Paragraph 30
- 31Paragraph 31
- 32Paragraph 32
- 33Paragraph 33
- 34Paragraph 34
- 35Paragraph 35
- 36Paragraph 36
- 37Paragraph 37
- 38Paragraph 38
- 39Paragraph 39
- National Minimum Wage Act 1998
- 40Paragraph 40 Repealed
- 41Paragraph 41 Repealed
- Employment Relations Act 1999
- 42Paragraph 42
- Employment Act 2002
- 43Paragraph 43
- Schedule 2Repeals