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Paragraph 19K F1

England, Wales and Scotland

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

(1)

Sub-paragraph (2) applies if—

(a)

the CAC is satisfied that a party has failed to fulfil any of the duties imposed on that party by paragraph 19J, and

(b)

the application under paragraph 11 or 12 is in progress.

(2)

The CAC may order the party—

(a)

to take such steps to remedy the failure as the CAC considers reasonable and specifies in the order, and

(b)

to do so within such period as the CAC considers reasonable and specifies in the order.

(3)

Sub-paragraphs (4) and (5) apply if—

(a)

the CAC is satisfied that a party has failed to comply with an order under sub-paragraph (2),

(b)

the application under paragraph 11 or 12 is in progress,

(c)

the parties have agreed an appropriate bargaining unit or the CAC has decided an appropriate bargaining unit, and

(d)

in the case of an application under paragraph 11(2) or 12(2), the CAC, if required to do so, has decided under paragraph 20 that the application is not invalid.

(4)

If the party that has failed to comply is the employer, the CAC may issue a declaration that the union is (or unions are) recognised as entitled to conduct collective bargaining on behalf of the bargaining unit.

(5)

If the party that has failed to comply is a union, the CAC may issue a declaration that the union is (or unions are) not entitled to be so recognised.

Annotations

Textual amendments

F1

Sch. A1 paras. 19G-19L and cross-heading inserted (6.1.2026 for specified purposes) by Employment Rights Act 2025 (c. 36), s. 159(3), Sch. 6 para. 9; 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)