OpenLegislation

Paragraph 88

England, Wales and Scotland

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

F1(1)

This paragraph applies if—

(a)

the CAC decides under paragraph 86(2) that members of the union (or unions) constitute at least the required percentage of the workers constituting the new unit, but

(b)

the CAC is not satisfied that a majority of workers constituting the new unit are members of the union (or unions).

(2)

The CAC must give notice to the parties that it intends to arrange for the holding of a secret ballot in which the workers constituting the new unit are asked whether they want the union (or unions) to conduct collective bargaining on their behalf.

Annotations

Textual amendments

F1

Sch. A1 para. 88(1) substituted (6.4.2026) by Employment Rights Act 2025 (c. 36), s. 159(3), Sch. 6 para. 44; 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)