OpenLegislation

Paragraph 86

England, Wales and Scotland

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

(1)

This paragraph applies if the CAC decides under paragraph 85(1) that the support of the union (or unions) within the new unit needs to be assessed.

F1(2)

The CAC must decide whether members of the union (or unions) constitute at least the required percentage (see paragraph 171B) of the workers constituting the new unit.

(3)

If the CAC decides F2that members of the union (or unions) do not constitute at least the required percentage of the workers constituting the new unit—

(a)

the CAC must issue a declaration that the bargaining arrangements, so far as relating to workers falling within the new unit, are to cease to have effect on a date specified by the CAC in the declaration, and

(b)

the bargaining arrangements shall cease to have effect accordingly.

Annotations

Textual amendments

F1

Sch. A1 para. 86(2) substituted (6.4.2026) by Employment Rights Act 2025 (c. 36), s. 159(3), Sch. 6 para. 42(2); S.I. 2026/323, reg. 3(1)(27)(i) (with reg. 6(6))

F2

Words in Sch. A1 para. 86(3) substituted (6.4.2026) by Employment Rights Act 2025 (c. 36), s. 159(3), Sch. 6 para. 42(3); S.I. 2026/323, reg. 3(1)(27)(i) (with reg. 6(6))

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)