The Trade Union and Labour Relations (Northern Ireland) Order 1995
1995/1980 · Made 26 July 1995 · Extends to Northern Ireland
26th July 1995
Annotations to the whole text
Textual amendments
- F1
functions transf. by SR 1999/481
Modifications
- C1
Order excluded (7.10.2013) by Crime and Courts Act 2013 (c. 22), s. 61(2), Sch. 5 para. 15(1)(2)(c); S.I. 2013/1682, art. 3(m)
Contents
- Part I: INTRODUCTORY
- 1Title and commencement
- 2Interpretation
- Part II: TRADE UNION ADMINISTRATION
- Register of members' names and addresses
- 3Duty to maintain register of members' names and addresses
- 4Securing confidentiality of register during ballots
- 5Remedy for failure: application to Certification Officer
- 6Remedy for failure: application to High Court
- Financial affairs of unions, etc.
- 7Annual return to include additional information
- 8Statement to members following annual return
- 9Investigation of financial affairs
- 10Offences
- 11Disqualification of offenders
- Part III: ELECTIONS FOR CERTAIN POSITIONS
- Duty to hold elections
- 12Duty to hold elections for certain positions
- Requirements to be satisfied with respect to elections
- 13Candidates
- 14Election addresses
- 15Appointment of independent scrutineer
- 16Entitlement to vote
- 17Voting
- 18Counting of votes etc. by independent person
- 19Scrutineer's report
- 20Uncontested elections
- Remedy for failure to comply with requirements
- 21Remedy for failure to comply with requirements: general
- 22Application to Certification Officer
- 23Application to High Court
- Supplementary
- 24Exemption of newly-formed trade unions, etc.
- 25Exemption of certain persons nearing retirement
- 26Period for giving effect to election
- 27Overseas members
- 28Other supplementary provisions
- Part IV: RIGHTS IN RELATION TO TRADE UNION MEMBERSHIP
- Right to a ballot before industrial action
- 29Right to a ballot before industrial action
- Right not to be denied access to the courts
- 30Right not to be denied access to the courts
- Right not to be unjustifiably disciplined
- 31Right not to be unjustifiably disciplined
- 32Meaning of “unjustifiably disciplined”
- 33Complaint of infringement of right
- 34Further remedies for infringement of right
- Right not to suffer deduction of unauthorised union subscriptions
- 35Right not to suffer deduction of unauthorised subscriptions
- 36Complaint of infringement of rights
- Right to terminate membership of union
- 37Right to terminate membership of union
- Right not to be expelled from trade union
- 38Right not to be expelled from union
- 39Time limit for proceedings
- 40Remedies
- 41Interpretation and other supplementary provisions
- Access to employment
- Action short of dismissal
- Supplementary
- 44Membership of constituent or affiliated organisation
- Part IVA: COLLECTIVE BARGAINING: RECOGNITION
- 44ARecognition of trade unions
- 44BTraining
- 44CArticle 44B: complaint to industrial tribunal
- Part V: APPLICATION OF FUNDS FOR POLITICAL OBJECTS
- Restriction on use of funds for certain political objects
- 45Restriction on use of funds for political objects
- 46Political objects to which restriction applies
- 46AApplication of funds in breach of Article 45
- Political resolution
- 47Passing and effect of political resolution
- 48Approval of political ballot rules
- 49Appointment of independent scrutineer
- 50Entitlement to vote
- 51Voting
- 52Counting of votes etc. by independent person
- 53Scrutineer's report
- 54Remedy for failure to comply with ballot rules: general
- 55Application to Certification Officer
- 56Application to High Court
- The political fund
- 57Rules as to political fund
- 58Assets and liabilities of political fund
- 59Contributions to the political fund from members of the union
- Duties of employer who deducts union contributions
- 60Employer not to deduct contributions where member gives certificate
- 61Complaint in respect of employer's failure
- Position where political resolution ceases to have effect
- 63Administration of political fund where no resolution in force
- 64Discontinuance of contributions to political fund
- 65Rules to cease to have effect
- Supplementary
- 66Manner of making union rules
- 67Effect of amalgamation
- 68Overseas members
- 70Meaning of “date of the ballot”
- 71Application to Great Britain unions and members
- 72Application of Part V to certain bodies
- Part VI: AMALGAMATIONS AND SIMILAR MATTERS
- Amalgamation or transfer of engagements
- 73Amalgamation or transfer of engagements
- 74Approval of instrument of amalgamation or transfer
- 75Notice to be given to members
- 76Requirement of ballot on resolution
- 77Appointment of independent scrutineer
- 78Entitlement to vote
- 79Voting
- 80Counting of votes etc. by independent person
- 81Scrutineer's report
- 82Registration of instrument of amalgamation or transfer
- 82AListing and certification after amalgamation
- 82BSupply of information by amalgamated union
- 83Power to alter rules of transferee union for purposes of transfer
- 84Complaints as regards passing of resolution
- 86Transfer of property on amalgamation or transfer
- 87Amalgamation or transfer involving Great Britain union
- Change of name
- 88Change of name of trade union
- Supplementary
- 89General power to make regulations
- 90Application of Part VI to employers' associations
- Part VIA: BREACH OF RULES
- 90ARight to apply to Certification Officer
- 90BDeclarations and orders
- Part
- Part VIII: INDUSTRIAL ACTION
- Protection of acts in contemplation or furtherance of trade dispute
- 97Protection from certain tort liabilities
- 98Peaceful picketing
- 99Restrictions on grant of injunctions
- Action excluded from protection
- 100Action to enforce trade union membership
- 101Action taken because of dismissal for taking unofficial action
- 102Secondary action
- 103Pressure to impose union recognition requirement
- Requirement of ballot before action by trade union
- 104Requirement of ballot before action by trade union
- 105Notice of ballot and sample voting paper for employers
- 106Appointment of independent scrutineer
- 107Exclusion for small ballots
- 108Entitlement to vote
- 109Separate workplace ballots
- 109ASeparate workplaces: single and aggregate ballots
- 110Voting
- 111Conduct of ballot
- 112Information as to result of ballot
- 113Employers to be informed of ballot result
- 114Scrutineer's report
- 115Overseas members
- 115AInducement of member denied entitlement to vote
- 115BSmall accidental failures to be disregarded
- 116Calling of industrial action with support of ballot
- 117Period after which ballot ceases to be effective
- 118Notice to employers of industrial action
- 119Construction of references to contract of employment
- Industrial action affecting supply of goods or services to an individual
- 120Industrial action affecting supply of goods or services to an individual
- No compulsion to work
- 123No compulsion to work
- Criminal offences
- 124Breach of contract involving injury to persons or property
- 125Intimidation or annoyance by violence or otherwise
- 126Restriction of offence of conspiracy
- Supplementary
- 127Meaning of “trade dispute” in Part VIII
- 128Crown employees and contracts
- 129Minor definitions
- Part
- Part X: MISCELLANEOUS AMENDMENTS
- Unfair dismissal
- Liability of trade union in certain proceedings in tort
- 137Liability of trade union in proceedings in tort
- The Agency
- 138Functions of the Agency
- 139Fees for exercise of functions by Agency
- Ballots
- 140Ballots: repeal of provisions for financial assistance and use of employers' premises
- Part XI: MISCELLANEOUS AND GENERAL
- Crown employment, etc.
- 141Crown employment
- 142Armed forces
- 143Exemption on grounds of national security
- Health service practitioners
- 144Health service practitioners
- Police service
- 145Police service
- Contracting out, etc.
- 146Restriction on contracting out
- 147Employment governed by foreign law
- Extension of certain time limits
- 147AExtension of time limits to facilitate conciliation before institution of proceedings
- Industrial tribunal proceedings
- Regulations and orders
- 149Regulations and orders
- Amendments, transitional provisions and repeals
- 150Amendments, transitional provisions and repeals
- Schedule Schedule
- Schedule 1A: 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
- Withdrawal of application
- 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
- 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
- Consequences of recognition
- 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
- General provisions about validity
- 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 Court to specify method
- 58Paragraph 58
- 59Paragraph 59
- 60Paragraph 60
- 61Paragraph 61
- Court'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
- Position where Court 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
- 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
- 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
- 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
- Paragraph
- 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
- Notice of declarations
- 170Paragraph 170
- Supply of information to the Court
- 170AParagraph 170A
- Court's general duty
- 171Paragraph 171
- “ Pay ” and other matters subject to collective bargaining
- 171AParagraph 171A
- General interpretation
- 172Paragraph 172
- Schedule Schedule
- Schedule 3: TRANSITIONAL PROVISIONS
- Part: General
- 1Paragraph 1
- Part: Elections for certain trade union positions
- 2Paragraph 2
- Part: Deduction of trade union subscriptions
- 3Paragraph 3
- Part: Political resolutions
- 4Paragraph 4
- Schedule Schedule