{
  "url": "https://openlegislation.uk/employment-rights-act-2025/schedule-6/paragraph-41",
  "json_url": "https://openlegislation.uk/employment-rights-act-2025/schedule-6/paragraph-41.json",
  "legislation": "ukpga/2025/36",
  "legislation_title": "Employment Rights Act 2025",
  "legislation_url": "https://openlegislation.uk/employment-rights-act-2025",
  "path": "schedule/6/paragraph/41",
  "kind": "paragraph",
  "number": "41",
  "heading": "Unfair practices",
  "text": "After paragraph 81F (inserted by paragraph 40 of this Schedule) insert—\n“Unfair practices\n81G (1) Each of the parties informed by the CAC under paragraph 68(5) or 76(5) that an application under paragraph 66 or 75 is accepted must refrain from using any unfair practice in relation to the application.\n(2) A party uses an unfair practice if, with a view to influencing the outcome of the application, the party does any of the following—\n(a) dismisses, or threatens to dismiss, a worker;\n(b) takes, or threatens to take, disciplinary action against a worker;\n(c) subjects, or threatens to subject, a worker to any other detriment;\n(d) offers to pay money, or give money’s worth, to a relevant worker in return for the worker’s agreement to vote in a particular way, or to abstain from voting, in a relevant ballot;\n(e) makes an outcome-specific offer to a relevant worker;\n(f) coerces, or attempts to coerce, a relevant worker to disclose—\n(i) whether the worker intends to vote, or to abstain from voting, in any relevant ballot, or\n(ii) how the worker intends to vote, or has voted, in any relevant ballot;\n(g) uses, or attempts to use, undue influence on a relevant worker.\n(3) In sub-paragraph (2)—\n(a) “relevant ballot” means any ballot that is or may be held in which workers are asked whether they want the union (or unions) to conduct collective bargaining on their behalf, and\n(b) “relevant worker” means any worker who is or would be entitled to vote in a relevant ballot.\n(4) For the purposes of sub-paragraph (2)(e) an “outcome-specific offer” is an offer to pay money, or give money’s worth, which—\n(a) is conditional on the issuing by the CAC of a declaration that—\n(i) the union is (or unions are) recognised as entitled to conduct collective bargaining on behalf of a bargaining unit, or\n(ii) the union is (or unions are) not entitled to be so recognised, and\n(b) is not conditional on anything which is done or occurs as a result of the declaration in question.\n(5) The duty imposed by this paragraph does not confer any rights on a worker; but that does not affect any other right which a worker may have.\n(6) Each of the following powers is to be taken to include power to issue Codes of Practice about unfair practices for the purposes of this paragraph—\n(a) the power of ACAS under section 199(1);\n(b) the power of the Secretary of State under section 203(1)(a).\n81H (1) A party may complain to the CAC that another party has failed to comply with paragraph 81G.\n(2) A complaint under sub-paragraph (1) may not be made after a conclusion event occurs.\n(3) The following are conclusion events—\n(a) the withdrawal of the application under paragraph 66 or 75;\n(b) the CAC issuing a declaration under paragraph 69(3), 78(3), 81E(4) or (5) or 81J(4) or (5) in relation to the application;\n(c) the CAC notifying the union (or unions) of its decision under paragraph 77(2) or 77(3);\n(d) if the CAC has given notice under paragraph 70 or 79 of a decision as to the bargaining unit which is (or units which are) appropriate (each, a “new unit”), any of the following occurring in relation to the new unit (or, if there is more than one, all of the new units)—\n(i) the CAC issuing a declaration under paragraph 83(2), 85(2), 86(3) or 87(2), or under paragraph 27(2) (where it applies by virtue of paragraph 89(5));\n(ii) the union (or unions) notifying the CAC under paragraph 89(1);\n(iii) the post-ballot complaint period having ended.\n(4) The post-ballot complaint period is, in relation to any ballot held arising from the application, the period of 5 working days after—\n(a) the date of the ballot, or\n(b) if votes may be cast in the ballot on more than one day, the last of those days.\n(5) Within the decision period the CAC must decide whether the complaint is well-founded.\n(6) A complaint is well-founded if the CAC finds that the party complained against used an unfair practice.\n(7) The decision period is—\n(a) the period of 10 working days starting with the day after the day on which the complaint under sub-paragraph (1) was received by the CAC, or\n(b) such longer period (so starting) as the CAC may specify to the parties by a notice containing reasons for the extension.\n81I (1) This paragraph applies if the CAC decides that a complaint under paragraph 81H is well-founded.\n(2) The CAC must, as soon as is reasonably practicable, issue a declaration to that effect.\n(3) The CAC may order the party concerned to take any action specified in the order within such period as may be so specified.\n(4) Sub-paragraph (5) applies if—\n(a) the CAC has given notice under paragraph 70 or 79 of a decision as to the bargaining unit which is (or units which are) appropriate (each, a “new unit”), and\n(b) the CAC has at any time informed the union (or unions) under paragraph 25(9) (where it applies by virtue of paragraph 89(4)) of a ballot in relation to the application (including a ballot that was cancelled or is ineffective).\n(5) The CAC may give notice to the employer and to the union (or unions) that it intends to arrange for the holding of a secret ballot (or secret ballots) in which the workers constituting the new unit (or each of the new units) are asked whether they want the union (or unions) to conduct collective bargaining on their behalf.\n(6) The CAC may make an order under sub-paragraph (3), or give a notice under sub-paragraph (5), either at the same time as it issues the declaration under sub-paragraph (2) or at any other time before any of the following occurs—\n(a) the withdrawal of the application under paragraph 66 or 75;\n(b) the CAC issuing a declaration under paragraph 69(3), 78(3), 81E(4) or (5) or 81J(4) or (5) in relation to the application;\n(c) the CAC notifying the union (or unions) of its decision under paragraph 77(2) or 77(3);\n(d) in relation to the new unit (or, if there is more than one, all of the new units)—\n(i) the CAC issuing a declaration under paragraph 83(2), 85(2), 86(3) or 87(2), or under paragraph 27(2) (where it applies by virtue of paragraph 89(5)),\n(ii) the union (or unions) notifying the CAC under paragraph 89(1), or\n(iii) if the CAC informs the union (or unions) under paragraph 25(9) (where it applies by virtue of paragraph 89(4)) of any ballot arising from the application, the CAC acting under paragraph 29 (where it applies by virtue of paragraph 89(5)) in relation to the ballot.\n(7) The action specified in an order under sub-paragraph (3) must be such as the CAC considers reasonable in order to mitigate the effect of the failure of the party concerned to comply with the duty imposed by paragraph 81G.\n(8) The CAC may make more than one order under sub-paragraph (3).\n81J (1) Sub-paragraphs (4) to (6) apply if—\n(a) the CAC issues a declaration under paragraph 81I(2) that a complaint that a party has failed to comply with paragraph 81G is well-founded,\n(b) the application under paragraph 66 or 75 has not been withdrawn,\n(c) the CAC has given notice under paragraph 70 or 79 of a decision as to the bargaining unit which is (or units which are) appropriate (each, a “new unit”),\n(d) the CAC has not issued a declaration under paragraph 69(3), 78(3), 81E(4) or (5) or 81J(4) or (5) in relation to the application,\n(e) the CAC has not notified the union (or unions) of its decision under paragraph 77(2) or 77(3),\n(f) in relation to the new unit (or, if there is more than one, all of the new units), neither of the following has occurred—\n(i) the CAC issuing a declaration under paragraph 83(2), 85(2), 86(3) or 87(2), or under paragraph 27(2) (where it applies by virtue of paragraph 89(5)), or\n(ii) the union (or unions) notifying the CAC under paragraph 89(1), and\n(g) sub-paragraph (2) or (3) applies.\n(2) This sub-paragraph applies if the declaration states that the unfair practice used consisted of or included—\n(a) the use of violence, or\n(b) the dismissal of a union official.\n(3) This sub-paragraph applies if the CAC has made an order under paragraph 81I(3) and—\n(a) it is satisfied that the party subject to the order has failed to comply with it, or\n(b) it makes another declaration under paragraph 81I(2) in relation to a complaint against that party.\n(4) If the party that has failed to comply is the employer, the CAC may issue a declaration that the union is (or unions are) recognised as entitled to conduct collective bargaining on behalf of the new unit or units.\n(5) If the party that has failed to comply is a union, the CAC may issue a declaration that the union is (or unions are) not entitled to be so recognised.\n(6) The powers conferred by this paragraph are in addition to those conferred by paragraph 81I.”",
  "extent": "E+W+S",
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "I",
      "label": "I1",
      "text": "Sch. 6 para. 41 not in force at Royal Assent, see s. 159(3)"
    },
    {
      "type": "I",
      "label": "I2",
      "text": "Sch. 6 para. 41 in force at 6.1.2026 for specified purposes by S.I. 2026/3, reg. 2(37)(b)"
    },
    {
      "type": "I",
      "label": "I3",
      "text": "Sch. 6 para. 41 in force at 30.10.2026 in so far as not already in force by S.I. 2026/1065, reg. 3(f) (with reg. 4(5))"
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/ukpga/2025/36/schedule/6/paragraph/41",
    "retrieved_at": "2026-10-31T10:33:14.747207+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}