OpenLegislation

Paragraph 19M F1

England, Wales and Scotland

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 15(5) that an application under paragraph 11 or 12 is accepted must refrain from using any unfair practice in relation to the application.

(2)

A party uses an unfair practice if, with a view to influencing the outcome of the application, the party does any of the following—

(a)

dismisses, or threatens to dismiss, a worker;

(b)

takes, or threatens to take, disciplinary action against a worker;

(c)

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

(d)

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

(e)

makes an outcome-specific offer to a relevant worker;

(f)

coerces, or attempts to coerce, a relevant worker to disclose—

(i)

whether the worker intends to vote, or to abstain from voting, in any relevant ballot, or

(ii)

how the worker intends to vote, or has voted, in any relevant ballot;

(g)

uses, or attempts to use, undue influence on a relevant worker.

(3)

In sub-paragraph (2)—

(a)

“relevant ballot” means any ballot that is or may be held in which workers are asked whether they want the union (or unions) to conduct collective bargaining on their behalf, and

(b)

“relevant worker” means any worker who is or would be entitled to vote in a relevant ballot.

(4)

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

(a)

is conditional on the issuing by the CAC of a declaration that—

(i)

the union is (or unions are) recognised as entitled to conduct collective bargaining on behalf of a bargaining unit, or

(ii)

the union is (or unions are) not entitled to be so recognised, and

(b)

is not conditional on anything which is done or occurs as a result of the declaration in question.

(5)

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.

(6)

Each of the following powers is to 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. 19M-19P and cross-heading inserted (6.1.2026 for specified purposes) by Employment Rights Act 2025 (c. 36), s. 159(3), Sch. 6 para. 10; 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)