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Paragraph 81H 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 81G.

(2)

A complaint under sub-paragraph (1) may not be made after a conclusion event occurs.

(3)

The following are conclusion events—

(a)

the withdrawal of the application under paragraph 66 or 75;

(b)

the CAC issuing a declaration under paragraph 69(3), 78(3), 81E(4) or (5) or 81J(4) or (5) in relation to the application;

(c)

the CAC notifying the union (or unions) of its decision under paragraph 77(2) or 77(3);

(d)

if the CAC has given notice under paragraph 70 or 79 of a decision as to the bargaining unit which is (or units which are) appropriate (each, a “new unit”), any of the following occurring in relation to the new unit (or, if there is more than one, all of the new units)—

(i)

the CAC issuing a declaration under paragraph 83(2), 85(2), 86(3) or 87(2), or under paragraph 27(2) (where it applies by virtue of paragraph 89(5));

(ii)

the union (or unions) notifying the CAC under paragraph 89(1);

(iii)

the post-ballot complaint period having ended.

(4)

The post-ballot complaint period is, in relation to any ballot held arising from the application, the period of 5 working days after—

(a)

the date of the ballot, or

(b)

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

(5)

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

(6)

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

(7)

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. 81G-81J and cross-heading inserted (6.1.2026 for specified purposes) by Employment Rights Act 2025 (c. 36), s. 159(3), Sch. 6 para. 41; 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)