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Paragraph 45

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

F1The application in question is invalid unless the CAC decides that—

(a)

members of the union (or unions) constitute at least 10 per cent of the workers constituting the relevant bargaining unit, and

(b)

a majority of the workers constituting the relevant bargaining unit would be likely to favour recognition of the union (or unions) as entitled to conduct collective bargaining on behalf of the bargaining unit.

(1)

The application in question is invalid unless the CAC decides that members of the union (or unions) constitute at least the required percentage (see paragraph 171B) of the workers constituting the relevant bargaining unit.

Annotations

Textual amendments

F1

Sch. A1 para. 45 substituted (6.4.2026 to the extent it substitutes new sub-para. 45(1), otherwise prosp.) by Employment Rights Act 2025 (c. 36), s. 159(3), Sch. 6 para. 28; S.I. 2026/323, reg. 3(1)(27)(g) (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)