OpenLegislation

Paragraph 11

England, Wales and Scotland

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

(1)

This paragraph applies if—

(a)

before the end of the first period the employer fails to respond to the request, or

(b)

before the end of the first period the employer informs the union (or unions) that the employer does not accept the request (without indicating a willingness to negotiate).

(2)

The union (or unions) may apply to the CAC to decide both these questions—

F1(a)

whether the proposed bargaining unit is appropriate;

(b)

whether the union has (or unions have) the support of a majority of the workers constituting the appropriate bargaining unit.

Annotations

Textual amendments

F1

Sch. A1 para. 11(2)(a) substituted (6.4.2005) by Employment Relations Act 2004 (c. 24), ss. 1(1), 59(2)-(4); S.I. 2005/872, art. 4, Sch. (with arts. 6-21)

Notes on Schedule A1

Textual amendments

F1

Sch. A1 (paras. 1-173) inserted (6.6.2000) by 1999 c. 26, s. 1(3), Sch. 1; S.I. 2000/1338, art. 2(d)

Modifications

C1

Sch. A1 (paras. 1-173) applied (14.8.2000) by S.I. 2000/1282, art. 2(5)(a)

C2

Sch. A1 modified (temp. from 6.4.2005) by The Employment Relations Act 2004 (Commencement No.3 and Transitional Provisions) Order 2005 (S.I. 2005/872), arts. 4, 21, Sch. (with arts. 6-21)