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Paragraph 81C F1

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

(1)

This paragraph applies if—

(a)

the CAC accepts an application under paragraph 66 or 75,

(b)

the union requests (or unions request) access to the relevant workers under paragraph 81A(2) in connection with the application,

(c)

the parties have not within the negotiation period agreed terms on which the union is (or unions are) to have access to the relevant workers, and

(d)

the application is in progress.

(2)

Within the adjudication period, the CAC must—

(a)

decide the terms on which the union is (or unions are) to have access to the relevant workers, or

(b)

decide that the union is (or unions are) not to have access to the relevant workers.

(3)

The adjudication period is—

(a)

the period of 10 working days starting with the day after the day with which the negotiation period ends, or

(b)

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

(4)

Any terms decided by the CAC must be terms that the CAC regards as allowing such access to the relevant workers as is reasonable to enable the union (or unions) to—

(a)

inform the workers of the object of the application or any ballot arising from it, and

(b)

seek their support and their opinions on the issues involved.

Annotations

Textual amendments

F1

Sch. A1 paras. 81A-81F and cross-heading inserted (6.1.2026 for specified purposes) by Employment Rights Act 2025 (c. 36), s. 159(3), Sch. 6 para. 40; 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)