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Paragraph 19P F1

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

(1)

Sub-paragraphs (4) to (6) apply if—

(a)

the CAC issues a declaration under paragraph 19O(2) that a complaint that a party has failed to comply with paragraph 19M is well-founded,

(b)

the application under paragraph 11 or 12 has not been withdrawn,

(c)

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

(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,

(e)

the CAC has not notified 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, and

(f)

sub-paragraph (2) or (3) applies.

(2)

This sub-paragraph applies if the declaration states that the unfair practice used consisted of or included—

(a)

the use of violence, or

(b)

the dismissal of a union official.

(3)

This sub-paragraph applies if the CAC has made an order under paragraph 19O(3) and—

(a)

it is satisfied that the party subject to the order has failed to comply with it, or

(b)

it makes another declaration under paragraph 19O(2) in relation to a complaint against that party.

(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.

(6)

The powers conferred by this paragraph are in addition to those conferred by paragraph 19O.

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)