Trade Union and Labour Relations (Consolidation) Act 1992 in Scotland
1992 c. 52 · Enacted 16 July 1992 · Extends to United Kingdom
An Act to consolidate the enactments relating to collective labour relations, that is to say, to trade unions, employers’ associations, industrial relations and industrial action.
[16th July 1992]
Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—C1C2
Annotations to the whole text
Modifications
- C1
Act excluded (7.10.2013) by Crime and Courts Act 2013 (c. 22), para. 15(2)(a)s. 61(2), Sch. 5 para. 15(1); S.I. 2013/1682, art. 3(m)
- C2
Act modified (10.3.2014) by Energy Act 2013 (c. 32), s. 156(1), Sch. 7 para. 14(4); S.I. 2014/251, art. 3(b)
Contents
- Part I: Trade Unions
- Chapter I: Introductory
- Meaning of “trade union"
- 1Meaning of “trade union".
- The list of trade unions
- 2The list of trade unions.
- 3Application to have name entered in the list.
- 4Removal of name from the list.
- Certification as independent trade union
- 5Meaning of “independent trade union".
- 6Application for certificate of independence.
- 7Withdrawal or cancellation of certificate.
- 8Conclusive effect of Certification Officer’s decision.
- Supplementary
- 9Appeal against decision of Certification Officer.
- Chapter II: Status and property of trade unions
- General
- 10Quasi-corporate status of trade unions.
- 11Exclusion of common law rules as to restraint of trade.
- Property of trade union
- 12Property to be vested in trustees.
- 13Vesting of property in new trustees.
- 14Transfer of securities held in trust for trade union.
- 15Prohibition on use of funds to indemnify unlawful conduct.
- 16Remedy against trustees for unlawful use of union property.
- 17Nominations by members of trade unions.
- 18Payments out of union funds on death of member.
- 19Application of certain provisions relating to industrial assurance or friendly societies.
- Liability of trade unions in proceedings in tort
- 20Liability of trade union in certain proceedings in tort.
- 21Repudiation by union of certain acts.
- 22Limit on damages awarded against trade unions in actions in tort.
- Restriction on enforcement against certain property
- 23Restriction on enforcement of awards against certain property.
- Chapter III: Trade union administration
- Register of members’ names and addresses
- 24Duty to maintain register of members’ names and addresses.
- 24ZADuty to provide membership audit certificate
- 24ZBDuty to appoint an assurer
- 24ZCAppointment and removal of an assurer
- 24ZDRequirements of assurer's membership audit certificate
- 24ZERights of assurer
- 24ZFDuty to inform the Certification Officer
- 24ZGDuty of confidentiality
- 24ZHPower of Certification Officer to require production of documents etc Repealed
- 24ZIInvestigations by inspectors Repealed
- 24ZJInspectors' reports etc Repealed
- 24ZKSections 24ZH and 24ZI: supplementary Repealed
- 24ASecuring confidentiality of register during ballots.
- 24BEnforcement of sections 24 to 24ZC by Certification Officer
- 24CEnforcement of sections 24ZH and 24ZI by Certification Officer Repealed
- 25Remedy for failure: application to Certification Officer.
- 26Remedy for failure: application to court.
- Duty to supply copy of rules
- 27Duty to supply copy of rules.
- Accounting records
- 28Duty to keep accounting records.
- 29Duty to keep records available for inspection.
- 30Right of access to accounting records.
- 31Remedy for failure to comply with request for access.
- Annual return, accounts and audit
- 32Annual return.
- 32ZADetails of industrial action etc to be included in annual return Repealed
- 32ZBDetails of political expenditure to be included in annual return Repealed
- 32ZCEnforcement of sections 32ZA and 32ZB by Certification Officer Repealed
- 32AStatement to members following annual return.
- 33Duty to appoint auditors.
- 34Eligibility for appointment as auditor.
- 35Appointment and removal of auditors.
- 36Auditors’ report.
- 37Rights of auditors.
- Investigation of financial affairs
- 37APower of Certification Officer to require production of documents etc.
- 37BInvestigations by inspectors.
- 37CInspectors’ reports etc.
- 37DExpenses of investigations.
- 37ESections 37A and 37B: supplementary.
- Members’ superannuation schemes
- 38Members’ superannuation schemes: separate fund to be maintained.
- 39Examination of proposals for new scheme.
- 40Periodical re-examination of existing schemes.
- 41Powers of the Certification Officer.
- 42Meaning of “appropriately qualified actuary".
- Supplementary
- 43Newly-formed trade unions.
- 44Discharge of duties in case of union having branches or sections.
- 45Offences.
- 45APenalties and prosecution time limits.
- 45BDuty to secure positions not held by certain offenders.
- 45CRemedies and enforcement.
- 45DAppeals from Certification Officer.
- Chapter IV: Elections for certain positions
- Duty to hold elections
- 46Duty to hold elections for certain positions.
- Determination of means of voting
- 46AResponsible person’s determination of means of voting
- Requirements to be satisfied with respect to elections
- 47Candidates.
- 48Election addresses.
- 49Appointment of independent scrutineer.
- 50Entitlement to vote.
- 51Voting.
- 51ZACounting of votes where multiple votes cast by same person
- Postal voting
- 51ZBPostal voting
- 51ZCPostal voting: voting paper and method of voting
- 51APostal voting: counting of votes etc. by independent person
- Electronic voting
- 51BElectronic voting
- Hybrid voting
- 51CHybrid voting
- Elections: further provision
- 52Scrutineer’s report.
- 53Uncontested elections.
- 53ASmall accidental failures in relation to electronic voting to be disregarded
- Remedy for failure to comply with requirements
- 54Remedy for failure to comply with requirements: general.
- 55Application to Certification Officer.
- 56Application to court.
- 56AAppeals from Certification Officer.
- Supplementary
- 57Exemption of newly-formed trade unions, &c.
- 58Exemption of certain persons nearing retirement.
- 59Period for giving effect to election.
- 60Overseas members.
- 61Other supplementary provisions.
- Chapter V: Rights of trade union members
- Right to a ballot before industrial action
- 62Right to a ballot before industrial action.
- Right not to be denied access to the courts
- 63Right not to be denied access to the courts.
- Right not to be unjustifiably disciplined
- 64Right not to be unjustifiably disciplined.
- 65Meaning of “unjustifiably disciplined".
- 66Complaint of infringement of right.
- 67Further remedies for infringement of right.
- Right not to suffer deduction of unauthorised or excessive union subscriptions
- 68Right not to suffer deduction of unauthorised subscriptions
- 68AComplaint of infringement of rights.
- Right to terminate membership of union
- 69Right to terminate membership of union.
- Supplementary
- 70Membership of constituent or affiliated organisation.
- Chapter 5ZA: Right of trade unions to access workplaces
- Access agreements: general
- 70ZAAccess agreements
- Entering into access agreements
- 70ZBAccess requests and response notices
- 70ZCResponse period and negotiation period
- 70ZDEntering into access agreement by negotiation
- 70ZEDeterminations by the Central Arbitration Committee
- 70ZFDeterminations by the Central Arbitration Committee: further provision
- Variation and revocation of access agreements
- 70ZGVariation and revocation of access agreements
- Enforcement of access agreements
- 70ZHEnforcement of access agreements: initial complaint
- 70ZIEnforcement of access agreements: subsequent complaint
- 70ZJPower to make provision about amounts payable under section 70ZI
- 70ZKEnforcement of access agreements: supplementary provision
- General limitations on access agreements etc
- 70ZLGeneral limitations on access agreements etc
- Appeals to the Employment Appeal Tribunal
- 70ZMAppeals to the Employment Appeal Tribunal
- Regulations
- 70ZNRegulations under this Chapter
- Chapter VA: Collective bargaining: recognition
- 70ARecognition of trade unions.
- 70BTraining.
- 70CSection 70B: complaint to employment tribunal.
- Chapter VI: Application of funds for political objects
- Restriction on use of funds for certain political objects
- 71Restriction on use of funds for political objects.
- 72Political objects to which restriction applies.
- 72AApplication of funds in breach of section 71.
- Trade union without a branch or section in Northern Ireland: political resolution
- 72BApplication of sections 72C to 72P
- 72CPassing and effect of political resolution
- 72DApproval of political ballot rules
- 72EResponsible person’s determination of means of voting
- 72FAppointment of independent scrutineer
- 72GEntitlement to vote
- 72HVoting
- 72ICounting of votes where multiple votes cast by same person
- 72JPostal voting
- 72KPostal voting (voting paper and method of voting)
- 72LPostal voting (counting of votes etc. by independent person)
- 72MElectronic voting
- 72NHybrid voting
- 72OScrutineer’s report
- 72PSmall accidental failures in relation to electronic voting to be disregarded
- Trade union with a branch or section in Northern Ireland: Political resolution
- 72QApplication of sections 73 to 78
- 73Passing and effect of political resolution.
- 74Approval of political ballot rules.
- 75Appointment of independent scrutineer.
- 76Entitlement to vote.
- 77Voting.
- 77ACounting of votes etc. by independent person.
- 78Scrutineer’s report.
- Failure to comply with ballot rules
- 79Remedy for failure to comply with ballot rules: general.
- 80Application to Certification Officer.
- 81Application to court.
- The political fund
- 82Rules as to political fund.
- 83Assets and liabilities of political fund.
- 84Contributors to political fund
- 84AOpt-out information notices
- 85Manner of giving effect to section 84 Not yet in force
- Duties of employer who deducts union contributions
- 86Employer not to deduct contributions where member gives certificate
- 87Complaint in respect of employer’s failure.
- 88. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Repealed
- Position where political resolution ceases to have effect
- 89Administration of political fund where no resolution in force.
- 90Discontinuance of contributions to political fund.
- 91Rules to cease to have effect.
- Supplementary
- 92Manner of making union rules.
- 93Effect of amalgamation.
- 94Overseas members of trade union.
- 95Appeals from Certification Officer.
- 96Meaning of “date of the ballot".
- Chapter VII: Amalgamations and similar matters
- Amalgamation or transfer of engagements
- 97Amalgamation or transfer of engagements.
- 98Approval of instrument of amalgamation or transfer.
- 99Notice to be given to members.
- 100Requirement of ballot on resolution.
- Determination of means of voting
- 100ZAResponsible person’s determination of means of voting
- 100AAppointment of independent scrutineer.
- 100BEntitlement to vote.
- 100CVoting.
- 100CACounting of votes where multiple votes cast by same person
- Postal voting
- 100CBPostal voting
- 100CCPostal voting: voting paper and method of voting
- 100DPostal voting: counting of votes etc. by independent person
- Electronic voting
- 100DAElectronic voting
- Hybrid voting
- 100DBHybrid voting
- Ballots: further provision
- 100EScrutineer’s report.
- 100FSmall accidental failures in relation to electronic voting to be disregarded
- 101Registration of instrument of amalgamation or transfer.
- 101AListing and certification after amalgamation
- 101BSupply of information by amalgamated union
- 102Power to alter rules of transferee union for purposes of transfer.
- 103Complaint to Certification Officer as regards passing of resolution.
- 104Appeal from decision of Certification Officer.
- 105Transfer of property on amalgamation or transfer.
- 106Amalgamation or transfer involving Northern Ireland union.
- Change of name
- 107Change of name of trade union.
- Supplementary
- 108General power to make regulations.
- Chapter VIIA: BREACH OF RULES
- 108ARight to apply to Certification Officer.
- 108BDeclarations and orders.
- 108CAppeals from Certification Officer.
- Chapter VIII: . . .
- 109Proceedings in relation to which assistance may be provided.
- 110Application for assistance: its consideration.
- 111Provision of assistance.
- 112Title of proceedings where assistance provided.
- 113Recovery of sums paid in case of fraud.
- 114Supplementary provisions.
- Chapter IX: Miscellaneous and general provisions
- Further provisions with respect to ballots
- 115. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Repealed
- 116. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Repealed
- Union modernisation
- 116AProvision of money for union modernisation
- ...
- 116BRestriction on deduction of union subscriptions from wages in public sector Repealed
- Exceptions and adaptations for certain bodies
- 117Special register bodies.
- 118Federated trade unions.
- Interpretation
- 119Expressions relating to trade unions.
- 120Northern Ireland unions.
- 121Meaning of “the court".
- Part II: Employers’ Associations
- Introductory
- 122Meaning of “employers’ association".
- The list of employers’ associations
- 123The list of employers’ associations.
- 124Application to have name entered in the list.
- 125Removal of name from the list.
- 126Appeal against decision of Certification Officer.
- Status and property of employers’ associations
- 127Corporate or quasi-corporate status of employers’ associations.
- 128Exclusion of common law rules as to restraint of trade.
- 129Property of unincorporated employers’ associations, &c.
- 130Restriction on enforcement of awards against certain property.
- Administration of employers’ associations
- 131Administrative provisions applying to employers’ associations.
- Application of funds for political objects
- 132Application of funds for political objects.
- Amalgamations and similar matters
- 133Amalgamations and transfers of engagements.
- 134Change of name of employers’ association.
- General
- 135Federated employers’ associations.
- 136Meaning of “officer" of employers’ association.
- Part III: Rights in relation to union membership and activities
- Statement of trade union rights
- 136ARight to statement of trade union rights
- Access to employment
- 137Refusal of employment on grounds related to union membership.
- 138Refusal of service of employment agency on grounds related to union membership.
- 139Time limit for proceedings.
- 140Remedies.
- 141Complaint against employer and employment agency.
- 142Awards against third parties.
- 143Interpretation and other supplementary provisions.
- Contracts for supply of goods or services
- 144Union membership requirement in contract for goods or services void.
- 145Refusal to deal on union membership grounds prohibited.
- Inducements
- 145AInducements relating to union membership or activities
- 145BInducements relating to collective bargaining
- 145CTime limit for proceedings
- 145DConsideration of complaint
- 145ERemedies
- 145FInterpretation and other supplementary provisions
- Detriment
- 146Detriment on grounds related to union membership or activities.
- 147Time limit for proceedings.
- 148Consideration of complaint.
- 149Remedies.
- 150Awards against third parties.
- 151Interpretation and other supplementary provisions.
- Dismissal of employee
- 152Dismissal of employee on grounds related to union membership or activities.
- 153Selection for redundancy on grounds related to union membership or activities.
- 154Disapplication of qualifying period and upper age limit for unfair dismissal
- 155Matters to be disregarded in assessing contributory fault.
- 156Minimum basic award.
- 157. Repealed
- 158. Repealed
- 159Power to increase sums by order.
- 160Awards against third parties.
- 161Application for interim relief.
- 162Application to be promptly determined.
- 163Procedure on hearing of application and making of order.
- 164Order for continuation of contract of employment.
- 165Application for variation or revocation of order.
- 166Consequences of failure to comply with order.
- 167Interpretation and other supplementary provisions.
- Time off for trade union duties and activities
- 168Time off for carrying out trade union duties.
- 168ATime off for union learning representatives
- 168BTime off for union equality representatives
- 169Payment for time off under sections 168 to 168B.
- 170Time off for trade union activities.
- 171Time limit for proceedings.
- 172Remedies.
- 172APublication requirements in relation to facility time Repealed
- 172BReserve powers in relation to facility time Repealed
- 173Intepretation and other supplementary provisions.
- Right to membership of trade union
- 174Right not to be excluded or expelled from union.
- 175Time limit for proceedings.
- 176Remedies.
- 177Interpretation and other supplementary provisions.
- Part IV: Industrial Relations
- Chapter I: Collective bargaining
- Introductory
- 178Collective agreements and collective bargaining.
- Enforceability of collective agreements
- 179Whether agreement intended to be a legally enforceable contract.
- 180Effect of provisions restricting right to take industrial action.
- Disclosure of information for purposes of collective bargaining
- 181General duty of employers to disclose information.
- 182Restrictions on general duty.
- 183Complaint of failure to disclose information.
- 184Further complaint of failure to comply with declaration.
- 185Determination of claim and award.
- Prohibition of union recognition requirements
- 186Recognition requirement in contract for goods or services void.
- 187Refusal to deal on grounds of union exclusion prohibited.
- Chapter II: Procedure for Handling Redundancies
- Duty of employer to consult . . . representatives
- 188Duty of employer to consult . . . representatives.
- 188ASection 188A
- 189Complaint ... and protective award.
- 190Entitlement under protective award.
- 191Termination of employment during protected period.
- 192Complaint by employee to employment tribunal.
- Duty of employer to notify Secretary of State
- 193Duty of employer to notify Secretary of State of certain redundancies.
- 193AApplication of section 193 in certain cases involving redundancies of ships’ crew
- 194Offence of failure to notify.
- Supplementary provisions
- 195Construction of references to dismissal as redundant etc.
- 195AConstruction of references to threshold number of employees
- 196Construction of references to representatives.
- 197Power to vary provisions.
- 198Power to adapt provisions in case of collective agreement.
- 198AEmployees being transferred to the employer from another undertaking
- 198BSection 198A: supplementary
- Chapter III: Codes of Practice
- Codes of Practice issued by ACAS
- 199Issue of Codes of Practice by ACAS.
- 200Procedure for issue of Code by ACAS.
- 201Consequential revision of Code issued by ACAS.
- 202Revocation of Code issued by ACAS.
- Codes of Practice issued by the Secretary of State
- 203Issue of Codes of Practice by the Secretary of State.
- 204Procedure for issue of Code by Secretary of State.
- 205Consequential revision of Code issued by Secretary of State.
- 206Revocation of Code issued by Secretary of State.
- Supplementary provisions
- 207Effect of failure to comply with Code.
- 207AEffect of failure to comply with Code: adjustment of awards
- 208Provisions of earlier Code superseded by later.
- Chapter IV: General
- Functions of ACAS
- 209General duty to promote improvement of industrial relations.
- 210Conciliation.
- 210AInformation required by ACAS for purposes of settling recognition disputes
- 211Conciliation officers.
- 212Arbitration.
- 212AArbitration scheme for unfair dismissal cases etc.
- 212BDismissal procedures agreements.
- 213Advice.
- 214Inquiry.
- Courts of inquiry
- 215Inquiry and report by court of inquiry.
- 216Constitution and proceedings of court of inquiry.
- Supplementary provisions
- 217Exclusion of power of arbiter to state case to Court of Session.
- 218Meaning of “trade dispute" in Part IV.
- Part V: Industrial action
- Protection of acts in contemplation or furtherance of trade dispute
- 219Protection from certain tort liabilities.
- 220Peaceful picketing.
- 220AUnion supervision of picketing Repealed
- 221Restrictions on grant of injunctions and interdicts.
- Action excluded from protection
- 222Action to enforce trade union membership.
- 223Action taken because of dismissal for taking unofficial action.
- 224Secondary action.
- 225Pressure to impose union recognition requirement.
- Requirement of ballot before action by trade union
- 226Requirement of ballot before action by trade union.
- Determination of means of voting
- 226ZAResponsible person’s determination of means of voting
- 226ANotice of ballot and sample voting materials for employers.
- 226BAppointment of scrutineer.
- 226CExclusion for small ballots.
- 227Entitlement to vote in ballot.
- 228Separate workplace ballots.
- 228ASeparate workplaces: single and aggregate ballots.
- 228BConduct of ballot
- 228CCounting of votes where multiple votes cast by same person
- Postal voting and workplace voting
- 229Postal voting and workplace voting: voting paper
- Postal voting
- 230Postal voting: additional requirements for conduct of ballot
- Electronic voting
- 230AElectronic voting
- Hybrid voting
- 230BHybrid voting
- Workplace voting
- 230CWorkplace voting
- 230DWorkplace voting: notice of ballot
- 230EWorkplace voting: additional requirements for conduct of ballot
- 230FWorkplace voting: qualifying location
- 230GWorkplace voting: agreement with employer
- 230HWorkplace voting: counting of votes
- 231Information as to result of ballot.
- 231AEmployers to be informed of ballot result.
- 231BScrutineer’s report.
- 232Balloting of overseas members.
- 232AInducement of member denied entitlement to vote.
- 232BSmall accidental failures to be disregarded.
- 233Calling of industrial action with support of ballot.
- 234Period after which ballot ceases to be effective.
- Requirement on trade union to give notice of industrial action
- 234ANotice to employers of industrial action.
- ...
- 234BPower of Secretary of State to specify minimum service levels Repealed
- 234CWork notices relating to minimum service levels Repealed
- 234DWork notices: disclosure of information Repealed
- 234EWork notices: no protection if union fails to take reasonable steps Repealed
- 234FRegulations: consultation and supplementary Repealed
- 234GInterpretation of terms relating to minimum service levels Repealed
- Sections 226 to 234A: meaning of “contract of employment”
- 235Construction of references to contract of employment in sections 226 to 234A.
- Industrial action affecting supply of goods or services to an individual
- 235AIndustrial action affecting supply of goods or services to an individual.
- 235B. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Repealed
- 235C. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Repealed
- No compulsion to work
- 236No compulsion to work.
- Protection against detriment
- 236ADetriment on grounds of industrial action
- 236BTime limit for proceedings
- 236CConsideration of complaint
- 236DRemedies
- Loss of unfair dismissal protection
- 237Dismissal of those taking part in unofficial industrial action.
- 238Dismissals in connection with other industrial action.
- 238AParticipation in official industrial action.
- 238BConciliation and mediation: supplementary provisions Repealed
- 239Supplementary provisions relating to unfair dismissal.
- Criminal offences
- 240Breach of contract involving injury to persons or property.
- 241Intimidation or annoyance by violence or otherwise.
- 243Restriction of offence of conspiracy: Scotland.
- Supplementary
- 244Meaning of “trade dispute" in Part V.
- 245Crown employees and contracts.
- 246Minor definitions.
- Part VI: Administrative provisions
- ACAS
- 247ACAS.
- 248The Council of ACAS.
- 249Terms of appointment of members of Council.
- 250Remuneration, &c. of members of Council.
- 251Secretary, officers and staff of ACAS.
- 251AFees for exercise of functions by ACAS.
- 251BProhibition on disclosure of information
- 252General financial provisions.
- 253Annual report and accounts.
- The Certification Officer
- 254The Certification Officer.
- 255Remuneration, &c. of Certification Officer and assistants.
- 256Procedure before the Certification Officer.
- 256ZAStriking out
- 256AVexatious litigants.
- 256BVexatious litigants: applications disregarded.
- 256CInvestigatory powers Repealed
- 256DPower to impose financial penalties Repealed
- 257Custody of documents submitted under earlier legislation.
- 257ALevy payable to Certification Officer Repealed
- 258Annual report and accounts.
- Central Arbitration Committee
- 259The Central Arbitration Committee.
- 260The members of the Committee.
- 261Terms of appointment of members of Committee.
- 262Remuneration, &c. of members of Committee.
- 263Proceedings of the Committee.
- 263AProceedings of the Committee under Schedule A1.
- 264Awards of the Committee.
- 265Annual report and accounts.
- . . .
- 266. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Repealed
- 267. Repealed
- 268. Repealed
- 269. Repealed
- 270. Repealed
- 271. Repealed
- Supplementary
- 272Meaning of financial year.
- Part VII: Miscellaneous and general
- Crown employment, etc.
- 273Crown employment.
- 274Armed forces.
- 275Exemption on grounds of national security.
- 276Further provision as to Crown application.
- House of Lords and House of Commons staff
- 277House of Lords staff.
- 278House of Commons staff.
- Health service practitioners
- 279Health service practitioners.
- Police service
- 280Police service.
- Excluded classes of employment
- 281. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Repealed
- 282Fixed term employment
- 283. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Repealed
- 284Share fishermen.
- 285Employment outside Great Britain.
- 286Power to make further provision as to excluded classes of employment.
- Offshore employment
- 287Offshore employment.
- Contracting out, &c.
- 288Restriction on contracting out.
- 289Employment governed by foreign law.
- Employment tribunal proceedings
- 290. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Repealed
- 291Section 291
- Other supplementary provisions
- 292Death of employee or employer.
- 292AExtension of time limits to facilitate conciliation before institution of proceedings
- 293Regulations.
- 294Reciprocal arrangements with Northern Ireland.
- Interpretation
- 295Meaning of employee and related expressions.
- 296Meaning of worker and related expressions.
- 297Associated employers.
- 297AMeaning of “voting”
- 298Minor definitions: general.
- 298ADefinitions relating to means of voting
- 299Index of defined expressions.
- Final provisions
- 300Repeals, consequential amendments, transitional provisions and savings.
- 301Extent.
- 302Commencement.
- 303Short title.
- Schedule ZA1: Further requirements relating to the responsible person’s determination
- 1Paragraph 1
- 2Paragraph 2
- Schedule A1: Collective Bargaining: Recognition
- Part I: Recognition
- Introduction
- 1Paragraph 1
- 2Paragraph 2
- 3Paragraph 3
- Request for recognition
- 4Paragraph 4
- 5Paragraph 5
- 6Paragraph 6
- 7Paragraph 7
- 8Paragraph 8
- 9Paragraph 9
- Parties agree
- 10Paragraph 10
- Employer rejects request
- 11Paragraph 11
- Negotiations fail
- 12Paragraph 12
- Acceptance of applications
- 13Paragraph 13
- 14Paragraph 14
- 15Paragraph 15
- 16Paragraph 16
- Notice to cease consideration of application
- 17Paragraph 17
- Appropriate bargaining unit
- 18Paragraph 18
- 18AParagraph 18A
- 19Paragraph 19
- 19AParagraph 19A
- 19BParagraph 19B
- Union communications with workers after acceptance of application
- 19CParagraph 19C
- 19DParagraph 19D
- 19EParagraph 19E
- 19FParagraph 19F
- Access agreements
- 19GParagraph 19G
- 19HParagraph 19H
- 19IParagraph 19I
- 19JParagraph 19J
- 19KParagraph 19K
- 19LParagraph 19L
- Unfair practices
- 19MParagraph 19M
- 19NParagraph 19N
- 19OParagraph 19O
- 19PParagraph 19P
- Union recognition
- 20Paragraph 20
- 21Paragraph 21
- 22Paragraph 22
- 23Paragraph 23
- 24Paragraph 24
- 25Paragraph 25
- 26Paragraph 26
- 27Paragraph 27
- 27AParagraph 27A
- 27BParagraph 27B
- 27CParagraph 27C
- 27DParagraph 27D
- 27EParagraph 27E
- 27FParagraph 27F
- 28Paragraph 28
- 29Paragraph 29
- 30Paragraph 30
- 31Paragraph 31
- Method not carried out
- 32Paragraph 32
- General provisions about admissibility
- 33Paragraph 33
- 34Paragraph 34
- 35Paragraph 35
- 36Paragraph 36
- 37Paragraph 37
- 38Paragraph 38
- 39Paragraph 39
- 40Paragraph 40
- 41Paragraph 41
- 42Paragraph 42
- 43Paragraph 43
- 44Paragraph 44
- 45Paragraph 45
- 46Paragraph 46
- 47Paragraph 47
- 48Paragraph 48
- 49Paragraph 49
- 50Paragraph 50
- Competing applications
- 51Paragraph 51
- Part II: Voluntary Recognition
- Agreements for recognition
- 52Paragraph 52
- Other interpretation
- 53Paragraph 53
- 54Paragraph 54
- Determination of type of agreement
- 55Paragraph 55
- Termination of agreement for recognition
- 56Paragraph 56
- 57Paragraph 57
- Application to CAC to specify method
- 58Paragraph 58
- 59Paragraph 59
- 60Paragraph 60
- 61Paragraph 61
- CAC’s response to application
- 62Paragraph 62
- 63Paragraph 63
- Part III: Changes affecting bargaining unit
- Introduction
- 64Paragraph 64
- 65Paragraph 65
- Either party believes unit no longer appropriate
- 66Paragraph 66
- 67Paragraph 67
- 68Paragraph 68
- 69Paragraph 69
- 70Paragraph 70
- 71Paragraph 71
- 72Paragraph 72
- 73Paragraph 73
- Employer believes unit has ceased to exist
- 74Paragraph 74
- 75Paragraph 75
- 76Paragraph 76
- 77Paragraph 77
- 78Paragraph 78
- 79Paragraph 79
- 80Paragraph 80
- 81Paragraph 81
- Access agreements
- 81AParagraph 81A
- 81BParagraph 81B
- 81CParagraph 81C
- 81DParagraph 81D
- 81EParagraph 81E
- 81FParagraph 81F
- Unfair practices
- 81GParagraph 81G
- 81HParagraph 81H
- 81IParagraph 81I
- 81JParagraph 81J
- Position where CAC decides new unit
- 82Paragraph 82
- 83Paragraph 83
- 84Paragraph 84
- 85Paragraph 85
- 86Paragraph 86
- 87Paragraph 87
- 88Paragraph 88
- 89Paragraph 89
- Residual workers
- 90Paragraph 90
- 91Paragraph 91
- Applications under this Part
- 92Paragraph 92
- Withdrawal of application
- 93Paragraph 93
- Meaning of collective bargaining
- 94Paragraph 94
- Method of collective bargaining
- 95Paragraph 95
- Part IV: Derecognition: General
- Introduction
- 96Paragraph 96
- 97Paragraph 97
- 98Paragraph 98
- Employer employs fewer than 21 workers
- 99Paragraph 99
- 99AParagraph 99A
- 100Paragraph 100
- 101Paragraph 101
- 102Paragraph 102
- 103Paragraph 103
- Employer’s request to end arrangements
- 104Paragraph 104
- 105Paragraph 105
- 106Paragraph 106
- 107Paragraph 107
- 108Paragraph 108
- 109Paragraph 109
- 110Paragraph 110
- 111Paragraph 111
- Workers’ application to end arrangements
- 112Paragraph 112
- 113Paragraph 113
- 114Paragraph 114
- 115Paragraph 115
- 116Paragraph 116
- Access agreements
- 116AParagraph 116A
- 116BParagraph 116B
- 116CParagraph 116C
- 116DParagraph 116D
- 116EParagraph 116E
- 116FParagraph 116F
- 116GParagraph 116G
- Unfair practices
- 116HParagraph 116H
- 116IParagraph 116I
- 116JParagraph 116J
- 116KParagraph 116K
- 116LParagraph 116L
- Ballot on derecognition
- 117Paragraph 117
- 118Paragraph 118
- 119Paragraph 119
- 119AParagraph 119A
- 119BParagraph 119B
- 119CParagraph 119C
- 119DParagraph 119D
- 119EParagraph 119E
- 119FParagraph 119F
- 119GParagraph 119G
- 119HParagraph 119H
- 119IParagraph 119I
- 120Paragraph 120
- 121Paragraph 121
- Part V: Derecognition where recognition automatic
- Introduction
- 122Paragraph 122
- 123Paragraph 123
- 124Paragraph 124
- 125Paragraph 125
- 126Paragraph 126
- Employer’s request to end arrangements
- 127Paragraph 127
- 128Paragraph 128
- 129Paragraph 129
- 130Paragraph 130
- 131Paragraph 131
- 132Paragraph 132
- Access agreements
- 132AParagraph 132A
- Unfair practices
- 132BParagraph 132B
- Ballot on derecognition
- 133Paragraph 133
- Part VI: Derecognition where union not independent
- Introduction
- 134Paragraph 134
- 135Paragraph 135
- 136Paragraph 136
- Workers’ application to end arrangements
- 137Paragraph 137
- 138Paragraph 138
- 139Paragraph 139
- 140Paragraph 140
- 141Paragraph 141
- 142Paragraph 142
- 143Paragraph 143
- 144Paragraph 144
- 145Paragraph 145
- 146Paragraph 146
- Access agreements
- 146AParagraph 146A
- Unfair practices
- 146BParagraph 146B
- Ballot on derecognition
- 147Paragraph 147
- Derecognition: other cases
- 148Paragraph 148
- Part VII: Loss of independence
- Introduction
- 149Paragraph 149
- 150Paragraph 150
- 151Paragraph 151
- Loss of certificate
- 152Paragraph 152
- Certificate re-issued
- 153Paragraph 153
- Miscellaneous
- 154Paragraph 154
- 155Paragraph 155
- Part VIII: Detriment
- Detriment
- 156Paragraph 156
- 157Paragraph 157
- 158Paragraph 158
- 159Paragraph 159
- 160Paragraph 160
- Dismissal
- 161Paragraph 161
- Selection for redundancy
- 162Paragraph 162
- Employees with fixed-term contracts
- 163Paragraph 163
- Exclusion of requirement as to qualifying period
- 164Paragraph 164
- Meaning of worker’s contract
- 165Paragraph 165
- Part IX: General
- Rights of appeal against demands for costs
- 165AParagraph 165A
- Power to amend
- 166Paragraph 166
- 166AParagraph 166A
- 166BParagraph 166B
- Guidance
- 167Paragraph 167
- Method of conducting collective bargaining
- 168Paragraph 168
- Directions about certain applications
- 169Paragraph 169
- Effect of union amalgamations and transfers of engagements
- 169AParagraph 169A
- Effect of change of identity of employer
- 169BParagraph 169B
- Orders under paragraphs 169A and 169B: supplementary
- 169CParagraph 169C
- Directions about certain applications
- 169Paragraph 169
- Notice of declarations
- 170Paragraph 170
- Supply of information to CAC
- 170AParagraph 170A
- CAC’s general duty
- 171Paragraph 171
- “Pay” and other matters subject to collective bargaining
- 171AParagraph 171A
- “The required percentage”
- 171BParagraph 171B
- General interpretation
- 172Paragraph 172
- Schedule A1A: Certain requirements relating to electronic voting and hybrid voting
- Part 1: Electronic voting and hybrid voting
- 1Application
- 2Voting access method and electronic voting instructions
- 3Electronic voting form
- 4Unique identifier
- 5Electronic voting platform
- 6Requirements relating to security
- 7Counting of votes
- 8Processing of information relating to a ballot
- 9Audit logs
- 10Retention of audit logs and data
- Part 2: Electronic voting
- 11Application
- 12Voting
- Part 3: Hybrid voting
- 13Application
- 14Voting: general requirements
- 15Ballots held under section 97(1)(b) or section 97(2)(b): additional requirements
- 16Ballots held under section 226(1)(a): additional requirements
- 17Interpretation
- Part 4: Interpretation
- 18Paragraph 18
- Schedule A2: Tribunal jurisdictions to which section 207A applies
- Paragraph
- Schedule A3: Certification Officer: investigatory powers Repealed
- Introduction Repealed
- 1Paragraph 1 Repealed
- Power of Certification Officer to require production of documents etc Repealed
- 2Paragraph 2 Repealed
- Investigation by inspectors Repealed
- 3Paragraph 3 Repealed
- Inspectors' reports etc Repealed
- 4Paragraph 4 Repealed
- Enforcement of paragraphs 2 and 3 by Certification Officer Repealed
- 5Paragraph 5 Repealed
- Supplementary Repealed
- 6Paragraph 6 Repealed
- Schedule A4: Certification Officer: power to impose financial penalties Repealed
- Introduction Repealed
- 1Paragraph 1 Repealed
- Power to impose financial penalties Repealed
- 2Paragraph 2 Repealed
- Enforcement of conditional penalty order Repealed
- 3Paragraph 3 Repealed
- Representations Repealed
- 4Paragraph 4 Repealed
- Appeals Repealed
- 5Paragraph 5 Repealed
- Amount of penalty Repealed
- 6Paragraph 6 Repealed
- Early or late payment, and enforcement Repealed
- 7Paragraph 7 Repealed
- Regulations Repealed
- 8Paragraph 8 Repealed
- Payment of penalties etc into Consolidated Fund Repealed
- 9Paragraph 9 Repealed
- Schedule 1Repeals
- Schedule 2: Consequential amendments
- Parliamentary Commissioner Act 1967 (c.13)
- 1Paragraph 1 Repealed
- Transport Act 1968 (c.73)
- 2Paragraph 2 Repealed
- ...
- 3Paragraph 3 Repealed
- House of Commons Disqualification Act 1975 (c.24)
- 4Paragraph 4
- Social Security Pensions Act 1975 (c.60)
- 5Paragraph 5 Repealed
- Sex Discrimination Act 1975 (c.65)
- 6Paragraph 6
- Race Relations Discrimination Act 1976 (c.74)
- 7Paragraph 7
- Aircraft and Shipbuilding Industries Act 1977 (c.3)
- 8Paragraph 8 Repealed
- Patents Act 1977 (c.37)
- 9Paragraph 9
- House of Commons (Administration) Act 1978 (c.36)
- 10Paragraph 10
- Employment Protection (Consolidation) Act 1978 (c.44)
- 11Paragraph 11 Repealed
- 12Paragraph 12 Repealed
- 13Paragraph 13 Repealed
- 14Paragraph 14 Repealed
- 15Paragraph 15 Repealed
- 16Paragraph 16 Repealed
- 17Paragraph 17 Repealed
- 18Paragraph 18 Repealed
- 19Paragraph 19 Repealed
- 20Paragraph 20 Repealed
- 21Paragraph 21 Repealed
- 22Paragraph 22 Repealed
- 23Paragraph 23 Repealed
- 24Paragraph 24
- 25Paragraph 25 Repealed
- Crown Agents Act 1979 (c.43)
- 26Paragraph 26 Repealed
- Agricultural Training Board Act 1982 (c.9)
- 27Paragraph 27 Repealed
- Industrial Training Act 1982 (c.10)
- 28Paragraph 28
- Oil and Gas (Enterprise) Act 1982 (c.23)
- 29Paragraph 29 Repealed
- Employment Act 1982 (c.46)
- 30Paragraph 30 Repealed
- Insurance Companies Act 1982 (c.50)
- 31Paragraph 31
- Value Added Tax Act 1983 (c.55)
- 32Paragraph 32 Repealed
- Insolvency Act 1986 (c.45)
- 33Paragraph 33 Repealed
- Wages Act 1986 (c.48)
- 34Paragraph 34
- Building Societies Act 1986 (c.53)
- 35Paragraph 35
- Sex Discrimination Act 1986 (c.59)
- 36Paragraph 36
- Income and Corporation Taxes Act 1988 (c.1)
- 37Paragraph 37 Repealed
- Local Government Act 1988 (c.9)
- 38Paragraph 38
- Local Government and Housing Act 1989 (c.42)
- 39Paragraph 39
- Industrial Relations (Northern Ireland) Order 1992 (S.I. 1992 No. 807 (N.I. 5))
- 40Paragraph 40
- Schedule 3: Transitional provisions and savings
- Continuity of the law
- 1Paragraph 1
- General saving for old transitional provisions and savings
- 2Paragraph 2
- Effect of repeal of 1946 Act
- 3Paragraph 3
- Pre-1974 references to registered trade unions or employers’ associations
- 4Paragraph 4
- Enforceability of collective agreements
- 5Paragraph 5
- Trade unions and employers’ associations ceasing to be incorporated by virtue of 1974 Act
- 6Paragraph 6
- References to former Industrial Arbitration Board
- 7Paragraph 7
- Effect of political resolution passed before 1984 amendments
- 8Paragraph 8
- Persons elected to trade union office before 1988 amendments
- 9Paragraph 9
- 10Paragraph 10
- Qualification to act as auditor of trade union or employers’ association
- 11Paragraph 11
- Industrial Relations (Northern Ireland) Order 1992 (S.I. 1992/807 (N.I. 5))
- 12Paragraph 12 Repealed
- Use of existing forms, &c.
- 13Paragraph 13
- Saving for power to vary or revoke
- 14Paragraph 14
- Schedule: TABLE OF DERIVATIONS
- Paragraph