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Paragraph 119A F1

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

(1)

Each of the parties informed by the CAC under paragraph 117(11) must refrain from using any unfair practice.

(2)

A party uses an unfair practice if, with a view to influencing the result of the ballot, the party—

(a)

offers to pay money or give money’s worth to a worker entitled to vote in the ballot in return for the worker’s agreement to vote in a particular way or to abstain from voting,

(b)

makes an outcome-specific offer to a worker entitled to vote in the ballot,

(c)

coerces or attempts to coerce a worker entitled to vote in the ballot to disclose—

(i)

whether he intends to vote or to abstain from voting in the ballot, or

(ii)

how he intends to vote, or how he has voted, in the ballot,

(d)

dismisses or threatens to dismiss a worker,

(e)

takes or threatens to take disciplinary action against a worker,

(f)

subjects or threatens to subject a worker to any other detriment, or

(g)

uses or attempts to use undue influence on a worker entitled to vote in the ballot.

(3)

For the purposes of sub-paragraph (2)(b) an “outcome-specific offer” is an offer to pay money or give money’s worth which—

(a)

is conditional on—

(i)

the issuing by the CAC of a declaration that the bargaining arrangements are to cease to have effect, or

(ii)

the refusal by the CAC of an application under paragraph 106, 107 or 112, and

(b)

is not conditional on anything which is done or occurs as a result of that declaration or, as the case may be, of that refusal.

(4)

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.

(5)

Each of the following powers shall be taken to include power to issue Codes of Practice about unfair practices for the purposes of this paragraph—

(a)

the power of ACAS under section 199(1);

(b)

the power of the Secretary of State under section 203(1)(a).

Annotations

Textual amendments

F1

Sch. A1 paras. 119A-119I inserted (1.10.2005) by Employment Relations Act 2004 (c. 24), ss. 13(1), 59(2)-(4); S.I. 2005/2419, art. 3 (with arts. 5-7)

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)