Employment Relations Act 2004
| Year | 2004 |
Employment Relations Act 2004
2004 CHAPTER 24
An Act to amend the law relating to the recognition of trade unions and the taking of industrial action; to make provision about means of voting in ballots under the Trade Union and Labour Relations (Consolidation) Act 1992; to amend provisions of that Act relating to rights of members and non-members of trade unions and to make other provision about rights of trade union members, employees and workers; to make further provision concerning the enforcement of legislation relating to minimum wages; to make further provision about proceedings before and appeals from the Certification Officer; to make further provision about the amalgamation of trade unions; to make provision facilitating the administration of trade unions and the carrying out by them of their functions; and for connected purposes.
[16th September 2004]
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:—
Part 1
Union recognition
1 Application for decision on whether proposed bargaining unit is appropriate
1 Application for decision on whether proposed bargaining unit is appropriate
(1) In paragraph 11(2) of Schedule A1 to the 1992 Act (application to CAC where employer fails to respond to or rejects request for recognition), for paragraph (a) substitute—
‘(a) whether the proposed bargaining unit is appropriate;’.
(2) In paragraph 12(2) of that Schedule (application to CAC where negotiations with employer fail), for paragraph (a) substitute—
‘(a) whether the proposed bargaining unit is appropriate’.
2 Power of the CAC to end period for agreement on bargaining unit
2 Power of the CAC to end period for agreement on bargaining unit
(1) Paragraph 18 of Schedule A1 to the 1992 Act (appropriate bargaining unit) is amended as follows.
(2) In sub-paragraph (2), after ‘is’ insert ‘(subject to any notice under sub-paragraph (3), (4) or (5))’.
(3) After that sub-paragraph add—
(3) If, during the appropriate period, the CAC concludes that there is no reasonable prospect of the parties' agreeing an appropriate bargaining unit before the time when (apart from this sub-paragraph) the appropriate period would end, the CAC may, by a notice given to the parties, declare that the appropriate period ends with the date of the notice.
(4) If, during the appropriate period, the parties apply to the CAC for a declaration that the appropriate period is to end with a date (specified in the application) which is earlier than the date with which it would otherwise end, the CAC may, by a notice given to the parties, declare that the appropriate period ends with the specified date.
(5) If the CAC has declared under sub-paragraph (4) that the appropriate period ends with a specified date, it may before that date by a notice given to the parties specify a later date with which the appropriate period ends.
(6) A notice under sub-paragraph (3) must contain reasons for reaching the conclusion mentioned in that sub-paragraph.
(7) A notice under sub-paragraph (5) must contain reasons for the extension of the appropriate period.’
3 Duty of employer to supply information to union
After paragraph 18 of Schedule A1 to the 1992 Act insert—
18A
(1) This paragraph applies if the CAC accepts an application under paragraph 11(2) or 12(2).
(2) Within 5 working days starting with the day after that on which the CAC gives the employer notice of acceptance of the application, the employer must supply the following information to the union (or unions) and the CAC—
(a) a list of the categories of worker in the proposed bargaining unit,
(b) a list of the workplaces at which the workers in the proposed bargaining unit work, and
(c) the number of workers the employer reasonably believes to be in each category at each workplace.
(3) The lists and numbers supplied under this paragraph must be as accurate as is reasonably practicable in the light of the information in the possession of the employer at the time when he complies with sub-paragraph (2).
(4) The lists and numbers supplied to the union (or unions) and to the CAC must be the same.
(5) For the purposes of this paragraph, the workplace at which a worker works is—
(a) if the person works at or from a single set of premises, those premises, and
(b) in any other case, the premises with which the worker's employment has the closest connection’.
4 Determination of appropriate bargaining unit
For paragraph 19 of Schedule A1 to the 1992 Act substitute—
19.
(1) This paragraph applies if—
(a) the CAC accepts an application under paragraph 11(2) or 12(2),
(b) the parties have not agreed an appropriate bargaining unit at the end of the appropriate period (defined by paragraph 18), and
(c) at the end of that period either no request under paragraph 19A(1)(b) has been made or such a request has been made but the condition in paragraph 19A(1)(c) has not been met.
(2) Within the decision period, the CAC must decide whether the proposed bargaining unit is appropriate.
(3) If the CAC decides that the proposed bargaining unit is not appropriate, it must also decide within the decision period a bargaining unit which is appropriate.
(4) The decision period is—
(a) the period of 10 working days starting with the day after that with which the appropriate period ends, or
(b) such longer period (so starting) as the CAC may specify to the parties by notice containing reasons for the extension.
19A
(1) This paragraph applies if—
(a) the CAC accepts an application under paragraph 11(2) or 12(2),
(b) during the appropriate period (defined by paragraph 18), the CAC is requested by the union (or unions) to make a decision under this paragraph, and
(c) the CAC is, either at the time the request is made or at a later time during the appropriate period, of the opinion that the employer has failed to comply with the duty imposed by paragraph 18A.
(2) Within the decision period, the CAC must decide whether the proposed bargaining unit is appropriate.
(3) If the CAC decides that the proposed bargaining unit is not appropriate, it must also decide within the decision period a bargaining unit which is appropriate.
(4) The decision period is—
(a) the period of 10 working days starting with the day after the day on which the request is made, or
(b) such longer period (so starting) as the CAC may specify to the parties by notice containing reasons for the extension.
19B
(1) This paragraph applies if the CAC has to decide whether a bargaining unit is appropriate for the purposes of paragraph 19(2) or (3) or 19A(2) or (3).
(2) The CAC must take these matters into account—
(a) the need for the unit to be compatible with effective management;
(b) the matters listed in sub-paragraph (3), so far as they do not conflict with that need.
(3) The matters are—
(a) the views of the employer and of the union (or unions);
(b) existing national and local bargaining arrangements;
(c) the desirability of avoiding small fragmented bargaining units within an undertaking;
(d) the characteristics of workers falling within the bargaining unit under consideration and of any other employees of the employer whom the CAC considers relevant;
(e) the location of workers.
(4) In taking an employer's views into account for the purpose of deciding whether the proposed bargaining unit is appropriate, the CAC must take into account any view the employer has about any other bargaining unit that he considers would be appropriate.
(5) The CAC must give notice of its decision to the parties.’
5 Union communications with workers after acceptance of application
5 Union communications with workers after acceptance of application
(1) After paragraph 19B of Schedule A1 to the 1992 Act (which is inserted by section 4) insert—
‘Union communications with workers after acceptance of application
19C
(1) This paragraph applies if the CAC accepts an application under paragraph 11(2) or 12(2) or (4).
(2) The union (or unions) may apply to the CAC for the appointment of a suitable independent person to handle communications during the initial period between the union (or unions) and the relevant workers.
(3) In the case of an application under paragraph 11(2) or 12(2), the relevant workers are—
(a) in relation to any time before an appropriate bargaining unit is agreed by the parties or decided by the CAC, those falling within the proposed bargaining unit, and
(b) in relation to any time after an appropriate bargaining unit is so agreed or decided, those falling within the bargaining unit agreed or decided upon.
(4) In the case of an application under paragraph 12(4), the relevant workers are those falling within the bargaining unit agreed by the parties.
(5) The initial period is the period starting with the day on which the CAC informs the parties under sub-paragraph (7)(b) and ending with the first day on which any of the following occurs—
(a) the application under paragraph 11 or 12 is withdrawn;
(b) the CAC gives notice to the union (or unions) of a decision under paragraph 20 that the application is invalid;
(c) the CAC notifies the union (or unions) of a declaration issued under paragraph 19F(5) or 22(2);
(d) the CAC informs the union (or unions) under paragraph 25(9) of the name of the person...
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