# Employment Rights Act 2025, Paragraph 42: Powers of CAC where CAC decides new unit appropriate

Extent: E+W+S

(1) Paragraph 86 (new bargaining unit: assessment of support) is amended as follows.
(2) For sub-paragraph (2) substitute—
“(2) The CAC must decide whether members of the union (or unions) constitute at least the required percentage (see paragraph 171B) of the workers constituting the new unit.”
(3) In sub-paragraph (3), for “one or both of the questions in the negative” substitute “that members of the union (or unions) do not constitute at least the required percentage of the workers constituting the new unit”.

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Source: https://www.legislation.gov.uk/ukpga/2025/36/schedule/6/paragraph/42 (the official version)
Page: https://openlegislation.uk/employment-rights-act-2025/schedule-6/paragraph-42
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.