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Paragraph 19N F1

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

(1)

A party may complain to the CAC that another party has failed to comply with paragraph 19M.

(2)

A complaint under sub-paragraph (1) may not be made after—

(a)

the application under paragraph 11 or 12 is withdrawn;

(b)

the CAC gives notice to the union (or unions) of a decision under paragraph 20 that the application is invalid;

(c)

the CAC notifies the union (or unions) of a declaration issued under paragraph 13B(6), 19F(5), 19K(4) or (5), 19P(4) or (5), 22(2) or 27(2) in relation to the application;

(d)

if the CAC informs the union (or unions) under paragraph 25(9) of a ballot in relation to the application, the fifth working day after—

(i)

the date of the ballot, or

(ii)

if votes may be cast in the ballot on more than one day, the last of those days.

(3)

Within the decision period the CAC must decide whether the complaint is well-founded.

(4)

A complaint is well-founded if the CAC finds that the party complained against used an unfair practice.

(5)

The decision period is—

(a)

the period of 10 working days starting with the day after the day on which the complaint under sub-paragraph (1) was received by the CAC, or

(b)

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

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)