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Paragraph 14

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

(1)

This paragraph applies if—

(a)

two or more relevant applications are made,

(b)

at least one worker falling within one of the relevant bargaining units also falls within the other relevant bargaining unit (or units), and

(c)

the CAC has not accepted any of the applications.

(2)

A relevant application is an application under paragraph 11 or 12.

(3)

In relation to a relevant application, the relevant bargaining unit is—

(a)

the proposed bargaining unit, where the application is under paragraph 11(2) or 12(2);

(b)

the agreed bargaining unit, where the application is under paragraph 12(4).

(4)

Within the acceptance period the CAC must decide, with regard to each relevant application, whether the F1required percentage test is satisfied.

(5)

The F2required percentage test is satisfied if members of the union (or unions) constitute F3at least the required percentage (see paragraph 171B) of the workers constituting the relevant bargaining unit.

(6)

The acceptance period is—

(a)

the period of 10 working days starting with the day after that on which the CAC receives the last relevant application, or

(b)

such longer period (so starting) as the CAC may specify to the parties by notice containing reasons for the extension.

(7)

If the CAC decides that—

(a)

the F4required percentage test is satisfied with regard to more than one of the relevant applications, or

(b)

the F5required percentage test is satisfied with regard to none of the relevant applications,

the CAC must not accept any of the relevant applications.

(8)

If the CAC decides that the F6required percentage test is satisfied with regard to one only of the relevant applications the CAC—

(a)

must proceed under paragraph 15 with regard to that application, and

(b)

must not accept any of the other relevant applications.

(9)

The CAC must give notice of its decision to the parties.

(10)

If by virtue of this paragraph the CAC does not accept an application, no further steps are to be taken under this Part of this Schedule in relation to that application.

Annotations

Textual amendments

F1

Words in Sch. A1 para. 14(4) substituted (6.4.2026) by Employment Rights Act 2025 (c. 36), s. 159(3), Sch. 6 para. 5(3); S.I. 2026/323, reg. 3(1)(27)(b)(ii) (with reg. 6(1))

F2

Words in Sch. A1 para. 14(5) substituted (6.4.2026) by Employment Rights Act 2025 (c. 36), s. 159(3), Sch. 6 para. 5(4)(a); S.I. 2026/323, reg. 3(1)(27)(b)(ii) (with reg. 6(1))

F3

Words in Sch. A1 para. 14(5) substituted (6.4.2026) by Employment Rights Act 2025 (c. 36), s. 159(3), Sch. 6 para. 5(4)(b); S.I. 2026/323, reg. 3(1)(27)(b)(ii) (with reg. 6(1))

F4

Words in Sch. A1 para. 14(7)(a) substituted (6.4.2026) by Employment Rights Act 2025 (c. 36), s. 159(3), Sch. 6 para. 5(6)(a); S.I. 2026/323, reg. 3(1)(27)(b)(ii) (with reg. 6(1))

F5

Words in Sch. A1 para. 14(7)(b) substituted (6.4.2026) by Employment Rights Act 2025 (c. 36), s. 159(3), Sch. 6 para. 5(6)(b); S.I. 2026/323, reg. 3(1)(27)(b)(ii) (with reg. 6(1))

F6

Words in Sch. A1 para. 14(8) substituted (6.4.2026) by Employment Rights Act 2025 (c. 36), s. 159(3), Sch. 6 para. 5(7); S.I. 2026/323, reg. 3(1)(27)(b)(ii) (with reg. 6(1))

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)