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Paragraph 116D F1

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)

an access agreement is entered into, and

(b)

the application under paragraph 106, 107 or 112 is in progress.

(2)

“Access agreement” means—

(a)

terms on which the union is (or unions are) to have access to the workers constituting the bargaining unit and which are agreed between the parties under paragraph 116B during the negotiation period, or

(b)

terms on which the union is (or unions are) to have access to the workers constituting the bargaining unit and which are decided by the CAC under paragraph 116C,

and such an agreement is to be treated as “entered into” when the terms are so agreed or decided.

(3)

The parties must comply with the access agreement.

(4)

The employer must refrain from making any offer to any or all of the workers constituting the bargaining unit which—

(a)

has or is likely to have the effect of inducing any or all of them not to attend any relevant meeting between the union (or unions) and the workers constituting the bargaining unit, and

(b)

is not reasonable in the circumstances.

(5)

The employer must refrain from taking, or threatening to take, any action against a worker solely or mainly on the grounds that the worker—

(a)

attended or took part in any relevant meeting between the union (or unions) and the workers constituting the bargaining unit, or

(b)

indicated an intention to attend or take part in such a meeting.

(6)

A meeting is a relevant meeting in relation to a worker for the purposes of sub-paragraphs (4) and (5) if—

(a)

it is organised in accordance with an access agreement or as a result of a step ordered to be taken under paragraph 116E to remedy a failure to comply with the duty in sub-paragraph (3), and

(b)

it is one which the employer is, by such an agreement or order as is mentioned in paragraph (a), required to permit the worker to attend.

(7)

The duties imposed by sub-paragraphs (4) and (5) do not confer any rights on a worker; but that does not affect any other right which a worker may have.

(8)

Any provision of an access agreement that would require personal data relating to any of the relevant workers to be disclosed to a person other than a person appointed under paragraph 117 to conduct a ballot is of no effect for the purposes of this Part of this Schedule.

(9)

“Personal data” has the same meaning as in the Data Protection Act 2018 (see section 3 of that Act).

(10)

An access agreement is to be conclusively presumed not to have been intended by the parties to be a legally enforceable contract; and, accordingly, where an access agreement is, or is part of, a collective agreement, section 179(2) and (3)(a) do not apply to the access agreement.

Annotations

Textual amendments

F1

Sch. A1 paras. 116A-116G and cross-heading inserted (6.1.2026 for specified purposes) by Employment Rights Act 2025 (c. 36), s. 159(3), Sch. 6 para. 47; S.I. 2026/3, reg. 2(37)(b)

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)