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:—
Union recognition
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—.
In paragraph 12(2) of that Schedule (application to CAC where negotiations with employer fail), for paragraph (a) substitute—.
Paragraph 18 of Schedule A1 to the 1992 Act (appropriate bargaining unit) is amended as follows.
In sub-paragraph (2), after “is” insert “ (subject to any notice under sub-paragraph (3), (4) or (5)) ”.
After that sub-paragraph add—
After paragraph 18 of Schedule A1 to the 1992 Act insert—
For paragraph 19 of Schedule A1 to the 1992 Act substitute—
After paragraph 19B of Schedule A1 to the 1992 Act (which is inserted by section 4) insert—
In each of paragraphs 22(1)(a) and 23(1)(a) of Schedule A1 to the 1992 Act (procedure when CAC proceeds with an application in accordance with paragraph 20 or 21), after “or 21” insert “ (and makes no declaration under paragraph 19F(5)) ”.
In paragraph 26 of that Schedule (duties of employer where ballot on union recognition is to be held), in sub-paragraph (4)(c), for “(a) or (b) but” substitute “ 19D or paragraph (a) or (b) of this sub-paragraph and ”.
In that paragraph, after sub-paragraph (4E) (which is inserted by section 9) insert—
In that paragraph, in sub-paragraph (6) for “given under sub-paragraph (5)” substitute “ passed on to him under paragraph 19D or this paragraph ”.
In paragraph 22(4) of Schedule A1 to the 1992 Act (qualifying conditions requiring the CAC to hold a ballot of workers in bargaining unit), for paragraph (b) substitute—.
In paragraph 87(4) of that Schedule (qualifying conditions requiring the CAC to hold a ballot of workers in new bargaining unit), for paragraph (b) substitute—.
In paragraph 24 of Schedule A1 to the 1992 Act (notification to halt arrangements for ballot), for sub-paragraph (5) substitute—
In paragraph 25 of Schedule A1 to the 1992 Act (recognition ballots), after sub-paragraph (6) insert—
In paragraph 117 of that Schedule (derecognition ballots), after sub-paragraph (8) insert—
Paragraph 26 of Schedule A1 to the 1992 Act (duties of employer informed of requirement to arrange ballot on recognition etc) is amended in accordance with subsections (2) to (4).
In sub-paragraph (1) for “three” substitute “ five ”.
After sub-paragraph (4) insert—
For sub-paragraph (8) substitute—
In paragraph 27(1) of that Schedule (remedial order in case of employer’s failure to comply with duties under paragraph 26) for “three duties imposed” substitute “ duties imposed on him ”.
Paragraph 118 of that Schedule (duties of employer informed of requirement to arrange ballot on derecognition etc) is amended in accordance with subsections (7) to (9).
In sub-paragraph (1) for “three” substitute “ five ”.
After sub-paragraph (4) insert—
For sub-paragraph (8) substitute—
In paragraph 119(1) of that Schedule (remedial order in case of employer’s failure to comply with duties under paragraph 118) for “three duties imposed” substitute “ duties imposed on him ”.
After paragraph 27 of Schedule A1 to the 1992 Act insert—
In paragraph 29 of that Schedule (duties of the CAC when informed of result of ballot), after sub-paragraph (1) insert—
In each of paragraphs 35(2)(b) and 44(2)(b) of Schedule A1 to the 1992 Act (application neither inadmissible nor invalid by reason of existing agreement if the agreement does not include certain matters) for “pay, hours or holidays” substitute “ all of the following: pay, hours and holidays (“the core topics”) ”.
Paragraph 99 of Schedule A1 to the 1992 Act (employer’s notice to bring bargaining arrangements to an end on grounds that fewer than 21 workers employed) is amended in accordance with subsections (2) and (3).
In sub-paragraph (3) (notice must comply with certain requirements), before paragraph (a) insert—.
In sub-paragraph (7)(a), for “100” substitute “ 99A ”.
After paragraph 99 of that Schedule insert—
In paragraph 100(1) of that Schedule (the CAC must decide whether notice complies with paragraph 99(3)), at the beginning insert “ If an employer gives notice for the purposes of paragraph 99(2), ”.
In paragraph 101 of that Schedule (union’s application to challenge employer’s notice under paragraph 99), omit sub-paragraphs (4) and (5).
In paragraph 103 of that Schedule, after sub-paragraph (3) insert—
In sub-paragraph (1) of each of paragraphs 109, 113 and 130 of that Schedule (bar on applications for ending bargaining arrangements if relevant application made within previous 3 years)—
in paragraph (a), after “was made” insert “ , or a notice under paragraph 99(2) was given, ”;
in paragraph (b), after “the relevant application” insert “ , or notice under paragraph 99(2), ”; and
in paragraph (c), at the end insert “ or (as the case may be) decided under paragraph 100 that the notice complied with paragraph 99(3) ”.
In sub-paragraph (2) of each of those paragraphs (meaning of “relevant application”), omit paragraph (a).
After paragraph 119 of Schedule A1 to the 1992 Act insert—
In paragraph 121 of that Schedule (duties of the CAC when informed of result of ballot), after sub-paragraph (1) insert—
In Part 9 of Schedule A1 to the 1992 Act, before paragraph 166 (and before the cross-heading immediately preceding that paragraph) insert—
Paragraph 166 of Schedule A1 to the 1992 Act (power of Secretary of State to amend that Schedule) is amended as follows.
For sub-paragraphs (1) and (2) substitute—
In sub-paragraph (3), for “this paragraph” substitute “ sub-paragraph (2)(b) ”.
After paragraph 166 of Schedule A1 to the 1992 Act insert—
After paragraph 166A of Schedule A1 to the 1992 Act (which is inserted by section 16) insert—
After paragraph 169 of Schedule A1 to the 1992 Act insert—
After paragraph 170 of Schedule A1 to the 1992 Act insert—
After paragraph 171 of Schedule A1 to the 1992 Act insert—
After section 210 of the 1992 Act insert—
Law relating to industrial action
Section 226A of the 1992 Act (notice of ballot and sample voting paper for employers) is amended as follows.
In subsection (1)(b) for “subsection (3)” substitute “ subsection (2F) ”.
For subsection (2)(c) substitute—
After subsection (2) insert—
Omit subsections (3) to (3B).
In subsection (5) for “subsection (3)” substitute “ subsection (2F) ”.
In section 227(1) of the 1992 Act (entitlement to vote in ballot on industrial action) after “induced” insert “ by the union ”.
In section 232B of the 1992 Act (small accidental failures to comply with certain provisions in relation to industrial action ballot to be disregarded)—
in subsection (1), at the end add “ for all purposes (including, in particular, those of section 232A(c)) ”; and
in subsection (2), for “230(2A)” substitute “ 230(2B) ”.
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Section 234A of the 1992 Act (notice to employers of industrial action) is amended as follows.
In subsection (3)—
for paragraph (a) substitute—;
omit paragraph (c) and the word “and” immediately preceding it.
After subsection (3) insert—
In subsection (5), for “is one of the affected employees” substitute “ falls within a notified category of employee and the workplace at which he works is a notified workplace ”.
For subsection (5A) substitute—
In subsection (8), after “, (5)” insert “ , (5C) ”.
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Rights of trade union members, workers and employees
Inducements and detriments in respect of membership etc. of independent trade union
After section 145 of the 1992 Act insert—
Section 146 of the 1992 Act (action short of dismissal on grounds related to union membership or activities) is amended in accordance with subsections (2) to (6).
For “An employee” in each of subsections (1) and (3), and “an employee” in each of subsections (2) and (4), substitute “ A worker ” and “ a worker ” respectively.
In subsection (2)—
for “employee's” substitute “ worker's ”; and
after “contract of employment” insert “ (or other contract personally to do work or perform services) ”.
In subsection (3), for “his contract of employment” substitute “ a contract of employment ”.
In subsection (5), for “An employee” substitute “ A worker or former worker ”.
For subsection (6) substitute—
In the sidenote to section 146 of the 1992 Act, and in the cross-heading immediately preceding it, for “Action short of dismissal” substitute “ Detriment ”.
In section 151 of the 1992 Act (interpretation of sections 146 to 150 and supplementary provision), after subsection (1A) (which is inserted by section 31) insert—
In subsection (2) of that section, for “an employee” substitute “ a person ”.
In the sidenote to section 152 of the 1992 Act, and in the cross-heading immediately preceding it, after “Dismissal” insert “ of employee ”.
Section 146 of the 1992 Act (action short of dismissal on grounds related to union membership or activities) is also amended in accordance with subsections (2) to (4).
In subsection (1), omit “or” at the end of paragraph (b) and after that paragraph insert—.
In subsection (2)—
for “(1)(b)” substitute “ (1) ”; and
in paragraph (b), after “the activities of a trade union” insert “ or (as the case may be) make use of trade union services ”.
After subsection (2) insert—
In section 148 of the 1992 Act (consideration of complaint under section 146), omit subsections (3) to (5).
In section 151 of the 1992 Act, in subsection (1) (references in sections 146 to 150 to being etc. a member of a union to include being etc. a member of a branch or section) omit “; and references to taking part in the activities of a trade union shall be similarly construed”.
After that subsection insert—
Section 152 of the 1992 Act (dismissal on grounds related to union membership or activities) is amended as follows.
In subsection (1), omit “or” at the end of each of paragraphs (a) and (b) and after paragraph (b) insert—.
In subsection (2)—
for “(1)(b)” substitute “ (1) ”; and
in paragraph (b), after “the activities of a trade union” insert “ or (as the case may be) make use of trade union services ”.
After subsection (2) insert—
In subsection (4) (references to being etc. a member of a union to include being etc. a member of a branch or section) omit “; and references to taking part in the activities of a trade union shall be similarly construed”.
After that subsection add—
Exclusion and expulsion from trade unions
Section 174 of the 1992 Act (right not to be excluded or expelled from trade union) is amended as follows.
In subsection (2)(d) for “his conduct” substitute “ conduct of his (other than excluded conduct) and the conduct to which it is wholly or mainly attributable is not protected conduct ”.
For subsection (4) substitute—
In section 176 of that Act (remedies for infringement of right not to be excluded or expelled), after subsection (1) insert—
In subsection (3)(a) of that section, after “declaration” insert “ under subsection (1) ”.
After subsection (6) of that section insert—
In sections 174 and 176 of the 1992 Act references to the conduct of an individual include references to conduct which took place before the coming into force of this section.
Section 67 of the 1992 Act (compensation for infringement of right not to be unjustifiably disciplined) is amended in accordance with subsections (2) to (6).
In subsection (1) after “application” insert “ to an employment tribunal ”.
Omit subsections (2) and (4).
In subsections (5) and (7) omit “Employment Appeal Tribunal or”.
In subsection (8) omit the words after paragraph (b).
After that subsection insert—
Section 176 of the 1992 Act (remedies for exclusion or expulsion from trade union) is also amended in accordance with subsections (8) to (11).
In subsection (2)—
after “an application” insert “ to an employment tribunal ”; and
omit the second sentence.
In subsection (4) omit “or the Employment Appeal Tribunal”.
In subsection (5) omit “or Employment Appeal Tribunal”.
In subsection (6) omit the words after paragraph (b).
Other rights of workers and employees
For section 154 of the 1992 Act substitute—
For subsection (6) of section 10 of the Employment Tribunals Act 1996 (c. 17)(procedure regulations in relation to cases involving issues of national security) substitute—
For subsection (2) of section 10 of the Employment Relations Act 1999 (c. 26) duty of employers to permit workers to be accompanied at disciplinary and grievance hearings) substitute—
In section 11(1) of that Act (complaint to employment tribunal), for “10(2)” substitute “ 10(2A), (2B) ”.
In section 12 of that Act (right not to be subjected to a detriment or dismissal)—
in subsections (1)(a) and (3)(a) for “10(2)” substitute “ 10(2A), (2B) ”; and
after subsection (6) add—
In section 21(1) of the Employment Tribunals Act 1996 (c. 17) (proceedings from which appeal lies to Employment Appeal Tribunal), for paragraphs (ff) and (g) substitute—.
Section 23 of the Employment Relations Act 1999 (c. 26) (power to confer on individuals of a specified description rights conferred by certain enactments) is amended as follows.
In subsection (5) (ways in which that power may be exercised) omit the words from “, whether” to the end.
After that subsection insert—
In Part 5 of the Employment Rights Act 1996 (c. 18) (protection from suffering detriment in employment), before section 44 (but after the cross-heading immediately preceding that section) insert—
In section 48(1) of that Act (application to employment tribunal), after “section” insert “ 43M, ”.
After section 98A of that Act insert—
In section 105 of that Act (redundancy), for subsection (1)(c) substitute—
In that section, before subsection (3) insert—
In section 108(3) of that Act (exceptions to one year qualifying period of continuous employment for claims of unfair dismissal), before paragraph (b) insert—.
In section 109(2) of that Act (exceptions to upper age limit for claims of unfair dismissal), before paragraph (b) insert—.
In section 237(1A)(a) of the 1992 Act (cases where employee may complain of unfair dismissal despite participation in unofficial industrial action)—
after “section” insert “ 98B, ”; and
after “(dismissal in” insert “ jury service, ”.
In section 238(2A)(a) of the 1992 Act (cases where employment tribunal to determine whether dismissal of an employee is unfair despite limitation in subsection (2) of that section)—
after “section” insert “ 98B, ”; and
after “(dismissal in” insert “ jury service, ”.
In section 237(1A)(a) of the 1992 Act (cases where employee may complain of unfair dismissal despite participation in unofficial industrial action)—
for “or 103A” substitute “ , 103A or 104C ”; and
for “and protected disclosure” substitute “ , protected disclosure and flexible working ”.
In section 238(2A)(a) of that Act (cases where employment tribunal to determine whether dismissal of an employee is unfair despite limitation in subsection (2) of that section)—
for “or 103” substitute “ , 103 or 104C ”; and
for “and employee representative” substitute “ , employee representative and flexible working ”.
In section 48(1) of the Employment Rights Act 1996 (c. 18) (complaints to employment tribunals), for “47D” substitute “ 47E ”.
After subsection (7B) of section 105 of that Act (redundancy) insert—
In section 108(3) of that Act (exceptions to one year qualifying period of continuous employment for claims for unfair dismissal), after paragraph (gh) insert—.
In section 109(2) of that Act (exceptions to upper age limit for claims for unfair dismissal), after paragraph (gh) insert—.
In sections 194(2) and 195(2) of that Act (provisions of the Act which have effect in relation to employment as a member of the staff of the House of Lords or the House of Commons), in paragraph (c) for “and 47D” substitute “ , 47D and 47E ”.
In section 199(2) of that Act (provisions of the Act not applicable to share fishermen) for “47D” substitute “ 47E ”.
The Secretary of State may make regulations for the purpose of conferring on employees of an employer to whom the regulations apply, or on representatives of those employees, rights—
to be informed by the employer about prescribed matters;
to be consulted by the employer about prescribed matters.
Regulations made under subsection (1) must make provision as to the employers to whom the regulations apply which may include provision—
applying the regulations by reference to factors including the number of employees in the United Kingdom in the employer’s undertaking;
as to the method by which the number of employees in an employer’s undertaking is to be calculated; and
applying the regulations to different descriptions of employer with effect from different dates.
Regulations made under subsection (1) may make provision—
as to the circumstances in which the rights mentioned in subsection (1) arise and the extent of those rights;
for and about the initiation and conduct of negotiations between employers to whom the regulations apply and their employees for the purposes of reaching an agreement satisfying prescribed conditions about the provision of information to the employees, and consultation of them (whether that provision or consultation is to be direct or through representatives);
about the representatives the employees may have for the purposes of the regulations and the method by which those representatives are to be selected;
as to the resolution of disputes and the enforcement of obligations imposed by the regulations or by an agreement of the kind mentioned in paragraph (b).
Regulations made under subsection (1) may—
confer jurisdiction (including exclusive jurisdiction) on employment tribunals and on the Employment Appeal Tribunal;
confer functions on the Central Arbitration Committee;
require or authorise the holding of ballots;
amend, apply with or without modifications, or make provision similar to any provision of the Employment Rights Act 1996 (c. 18) (including, in particular, Parts 5, 10 and 13), the Employment Tribunals Act 1996 (c. 17) or the 1992 Act;
include supplemental, incidental, consequential and transitional provision, including provision amending any enactment;
make different provision for different cases or circumstances.
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Nothing in subsections (2) to (4) prejudices the generality of this section.
Regulations under this section shall be made by statutory instrument.
No such regulations may be made unless a draft of the regulations has been laid before Parliament and approved by a resolution of each House of Parliament.
In this section “prescribed” means prescribed by regulations under this section.
“enactment” includes—a provision of an Act; a provision of, or of any instrument made under, Northern Ireland legislation; and a provision of subordinate legislation;“the Industrial Court” means the Industrial Court constituted under Article 91 of the Industrial Relations (Northern Ireland) Order 1992 (S.I. 1992/807 (N.I. 5));“industrial tribunals” has the meaning given by section 42(5) of the Interpretation Act (Northern Ireland) 1954 (c. 33 (N.I.)); and“prescribed” means prescribed by regulations under this section.
The Department for Employment and Learning may make regulations for the purpose of conferring on employees of an employer to whom the regulations apply, or on representatives of those employees, rights—
to be informed by the employer about prescribed matters;
to be consulted by the employer about prescribed matters.
Regulations made under subsection (1) must make provision as to the employers to whom the regulations apply which may include provision—
applying the regulations by reference to factors including the number of employees in the United Kingdom in the employer’s undertaking;
as to the method by which the number of employees in an employer’s undertaking is to be calculated; and
applying the regulations to different descriptions of employer with effect from different dates.
Regulations made under subsection (1) may make provision—
as to the circumstances in which the rights mentioned in subsection (1) arise and the extent of those rights;
for and about the initiation and conduct of negotiations between employers to whom the regulations apply and their employees for the purposes of reaching an agreement satisfying prescribed conditions about the provision of information to the employees, and consultation of them (whether that provision or consultation is to be direct or through representatives);
about the representatives the employees may have for the purposes of the regulations and the method by which those representatives are to be selected;
as to the resolution of disputes and the enforcement of obligations imposed by the regulations or by an agreement of the kind mentioned in paragraph (b).
Regulations made under subsection (1) may—
confer jurisdiction (including exclusive jurisdiction) on industrial tribunals and on the High Court;
confer functions on the Industrial Court;
require or authorise the holding of ballots;
amend, apply with or without modifications, or make provision similar to any provision of—
the Industrial Relations (Northern Ireland) Order 1992 (S.I. 1992/807 (N.I. 5));
the Trade Union and Labour Relations (Northern Ireland) Order 1995 (S.I. 1995/1980 (N.I. 12));
the Employment Rights (Northern Ireland) Order 1996 (S.I. 1996/1919 (N.I. 16))(including, in particular, Parts 6, 11 and 15); or
the Industrial Tribunals (Northern Ireland) Order 1996 (S.I. 1996/1921 (N.I. 18));
include supplemental, incidental, consequential and transitional provision, including provision amending any enactment;
make different provision for different cases or circumstances.
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Nothing in subsections (2) to (4) prejudices the generality of this section.
Power to make regulations under this section is exercisable by statutory rule for the purposes of the Statutory Rules (Northern Ireland) Order 1979 (S.I. 1979/1573 (N.I. 12)).
No regulations under this section may be made unless a draft of the regulations has been laid before and approved by a resolution of the Northern Ireland Assembly.
In this section—
Enforcement of minimum wage legislation
After section 16 of the National Minimum Wage Act 1998 (c. 39) insert—
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The Certification Officer
After section 256 of the 1992 Act, insert—
Section 33 of the Employment Tribunals Act 1996 (c. 17) (restriction of proceedings orders) is amended in accordance with subsections (2) to (7).
In subsection (1)(a), after “whether”, where it first occurs, insert “ before the Certification Officer, ”.
In subsection (1)(b), after “whether” insert “ before the Certification Officer, ”.
In subsection (2)(a), after “instituted” insert “ before the Certification Officer, ”.
In subsection (2)(b), after “him”, where it first occurs, insert “ before the Certification Officer, ”.
In subsection (2)(c), after “proceedings” insert “ before the Certification Officer, ”.
In subsection (4)—
after “proceedings”, where it first occurs, insert “ before the Certification Officer, ”; and
for “the process of the tribunal in question” substitute “ process ”.
In section 42 of that Act (interpretation), in subsection (1), after the definition of “appointed member” insert—.
In section 256A of the 1992 Act (power of Certification Officer to refuse to entertain applications and complaints made by vexatious litigants), in subsection (4) (definition of “vexatious litigant” for the purposes of that section) omit paragraph (a).
In section 98 of the 1992 Act (approval of instrument of amalgamation or transfer) for subsection (2) substitute—
After section 101 of that Act insert—
In section 133(2) of the 1992 Act (modifications of Chapter 7 of Part 1 in its application to amalgamations of unincorporated employers' associations)—
omit “and” at the end of paragraph (b) and after that paragraph insert—; and
in paragraph (c), after “101(3)” insert “ , 101A(3) and (4) ”.
In section 298 of that Act (definitions for the purposes of the Act) at the appropriate place insert—
In section 299 of that Act (index of defined terms), at the appropriate place insert—
In each of paragraphs 6, 35(4)(a), 44(4)(a), 60(4), 134(1)(b) and 138 of Schedule A1 to that Act (requirements for union to be independent) for the words “under section 6 that it is independent” substitute “ of independence ”.
In section 9 of the 1992 Act (appeal against decision of Certification Officer relating to the list of trade unions or a certificate of independence)—
at the end of each of subsections (1) and (2), insert “ on any appealable question ”;
omit subsection (3); and
in subsection (4), for “The rights of appeal conferred by this section extend to any question of fact or law” substitute “ For the purposes of this section, an appealable question is any question of law ”.
In section 126 of the 1992 Act (appeal against decision of Certification Officer relating to the list of employers' associations)—
at the end of subsection (1), insert “ on any appealable question ”;
omit subsection (2); and
in subsection (3), for “The right of appeal conferred by this section extend to any question of fact or law” substitute “ For the purposes of this section, an appealable question is any question of law ”.
Miscellaneous
Section 46 of the 1992 Act (requirement to hold elections for certain positions in trade unions) is amended as follows.
In subsection (2), omit the words after paragraph (d).
After subsection (4) insert—
In subsection (5), at the beginning, insert “ In subsection (4) ”.
After subsection (5) insert—
In section 34(5) of the 1992 Act (persons not to act as auditor of a trade union), omit paragraph (c).
In section 36 of that Act (auditor’s report), after subsection (1) insert—
After subsection (4) of that section add—
In section 37 of that Act (rights of auditors), after subsection (3) add—
The Secretary of State may by order provide, in relation to any description of ballot or election authorised or required by the 1992 Act, that any ballot or election of that description is to be conducted by such one or more permissible means as the responsible person determines.
A “permissible means” is a means of voting that the order provides is permissible for that description of ballot or election.
“The responsible person” is a person specified, or of a description specified, by the order.
An order under this section may—
include provision about the determinations that may be made by the responsible person, including provision requiring specified factors to be taken into account, or specified criteria to be applied, in making a determination;
allow the determination of different means of voting for voters in different circumstances;
allow a determination to be such that voters have a choice of means of voting.
The means that an order specifies as permissible means must, in the case of any description of ballot or election, include (or consist of) postal voting.
An order under this section may—
include supplemental, incidental and consequential provisions;
make different provision for different cases or circumstances.
An order under this section may—
modify the provisions of the 1992 Act;
exclude or apply (with or without modifications) any provision of that Act;
make provision as respects any ballot or election conducted by specified means which is similar to any provision of that Act relating to ballots or elections.
The power to make an order under this section is exercisable by statutory instrument.
No order may be made under this section unless a draft of the order has been laid before Parliament and approved by a resolution of each House.
The Secretary of State shall not make an order under this section which provides that a means of voting is permissible for a description of ballot or election unless he considers—
that a ballot or election of that description conducted by that means could, if particular conditions were satisfied, meet the required standard; and
that, in relation to any ballot or election of that description held after the order comes into force, the responsible person will not be permitted to determine that that means must or may be used by any voters unless he has taken specified factors into account or applied specified criteria.
In specifying in an order under this section factors to be taken into account or criteria to be applied by the responsible person, the Secretary of State must have regard to the need for ballots and elections to meet the required standard.
For the purposes of subsections (10) and (11) a ballot or election meets “the required standard” if it is such that—
those entitled to vote have an opportunity to do so;
votes cast are secret;
the risk of any unfairness or malpractice is minimised.
In this section “specified” means specified in an order under this section.
Before section 117 of the 1992 Act (and before the cross-heading immediately preceding that section) insert—
In section 118 of that Act (federated trade unions), after subsection (7) add—
Supplementary provisions
In this Act “the 1992 Act” means the Trade Union and Labour Relations (Consolidation) Act 1992 (c. 52).
Schedule 1 (which makes minor and consequential amendments) has effect.
The enactments specified in Schedule 2 are hereby repealed to the extent specified there.
An Order in Council under paragraph 1(1) of the Schedule to the Northern Ireland Act 2000 (c. 1) (legislation for Northern Ireland during suspension of devolved government) which contains a statement that it is made only for purposes corresponding to those of this Act (other than sections 43 to 46)—
shall not be subject to paragraph 2 of that Schedule (affirmative resolution of both Houses of Parliament), but
shall be subject to annulment in pursuance of a resolution of either House of Parliament.
This Act may be cited as the Employment Relations Act 2004.
The other provisions of this Act shall not come into force until such day as the Secretary of State may by order made by statutory instrument appoint, and different days may be appointed for different purposes.
An order under subsection (3) may contain such transitional provisions and savings as the Secretary of State considers necessary or expedient in connection with the coming into force of any of the provisions of this Act.
Subject to subsections (6) and (7), this Act extends to England and Wales and to Scotland.
Any amendment by this Act of an enactment (including an enactment contained in Northern Ireland legislation) has the same extent as the enactment amended.
Minor and consequential amendments
Agricultural Wages Act 1948
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Agricultural Wages (Regulation) (Northern Ireland) Order 1977
In Article 11A of the Agricultural Wages (Regulation) (Northern Ireland) Order 1977 (S.I. 1977/2151 (N.I. 22)) (disclosure of information obtained by officers acting for the purposes of the 1998 Act), after paragraph (5) add—
The 1992 Act
In section 19 of the 1992 Act (application of certain provisions relating to friendly societies to trade unions), omit subsection (4).
In section 41(3) of the 1992 Act (date of next re-examination of superannuation scheme where exemption revoked by Certification Officer), for “(1)(b)” substitute “ (2) ”.
In section 82 of the 1992 Act (rules as to a union’s political fund), for subsection (4) substitute—
In section 103 of the 1992 Act (complaints as regards passing of resolution on amalgamation or transfer of engagements), in subsection (8), for “application” substitute “ complaint ”.
In section 146 of the 1992 Act (action short of dismissal on grounds related to union membership or activities), in each of subsections (1), (3) and (4), for “the purpose” substitute “ the sole or main purpose ”.
In section 148 of the 1992 Act (consideration of complaint), in subsection (1), for “the purpose” substitute “ what was the sole or main purpose ”.
In section 150 of the 1992 Act (awards against third parties), in subsection (1)(a), for “the purpose” substitute “ the sole or main purpose ”.
Section 155 of the 1992 Act (matters to be disregarded in assessing contributory fault) is amended as follows.
In subsection (2), omit the word “or” at the end of paragraph (b) and at the end of paragraph (c) insert
After that subsection insert—
In section 161(3) of the 1992 Act (application for interim relief), for “section 152(1)(a) or (b)” substitute “ section 152(1)(a), (b) or (ba), or on section 152(1)(bb) otherwise than in relation to an offer made in contravention of section 145A(1)(d), ”.
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In section 263A of the 1992 Act (proceedings of the Central Arbitration Committee under Schedule A1), after subsection (7) add—
Section 284 of the 1992 Act (share fishermen) is amended as follows.
After “the employee” insert “ (or, in the case of sections 145A to 151, the worker) ”.
For “sections 146 to 151 (action short of dismissal)” substitute “ sections 145A to 151 (inducements and detriment) ”.
Section 285 of the 1992 Act (employment outside Great Britain) is amended as follows.
In subsection (1), for “sections 146 to 151 (action short of dismissal)” substitute “ sections 145A to 151 (inducements and detriment) ”.
After that subsection insert—
In subsection (2)—
for “subsection (1)” substitute “ subsections (1) and (1A) ”; and
in paragraph (c), after “as the case may be,” insert “ the worker or ”.
In section 286(1) of the 1992 Act (provisions that may be disapplied in relation to prescribed descriptions of employment), for “sections 146 to 151 (action short of dismissal)” substitute “ sections 145A to 151 (inducements and detriment) ”.
In section 288(1)(b) of the 1992 Act (provisions restricting rights to bring proceedings to be void), omit sub-paragraph (ii) and the word “or” immediately preceding it.
Section 292 of the 1992 Act (death of employee or employer) is amended as follows.
Omit subsection (1)(a).
After subsection (1) insert—
In subsections (2) to (4), after “employee”, wherever occurring, insert “ or worker ”.
In subsection (4), after “subsection (1)” insert “ or (1A) ”.
In section 296 of the 1992 Act (meaning of “worker” and related expressions), in subsection (3), for “section 68(11)” substitute “ sections 68(4), 145F(3) and 151(1B) ”.
In section 299 of the 1992 Act (index of defined expressions), omit the entry relating to “place of work (in Part V)”.
Schedule A1 to the 1992 Act (union recognition) is amended as follows.
In paragraph 2 (interpretation of Part 1), after sub-paragraph (3) insert—
In paragraph 16(1) (point after which application may not be withdrawn), in paragraph (a), after “paragraph” insert “ 19F(5) or ”.
In paragraph 17(3) (final event before which notice to cease consideration of application may be given)—
in paragraph (a), after “paragraph” insert “ 19F(5) or ”; and
in the words after paragraph (b), for “24(5)” substitute “ 24(6) ”.
In each of paragraphs 20(1)(b) and 21(1)(b) (application of paragraphs 20 and 21), after “appropriate period” insert “ (defined by paragraph 18) ”.
In paragraph 28 (costs of a recognition ballot), after sub-paragraph (6) insert—
In paragraph 32 (procedure where method of collective bargaining not carried out), in sub-paragraph (2), for “parties” substitute “ employer or the union (or unions) ”.
In paragraph 37 (applications by more than one union under paragraph 11 or 12), in sub-paragraph (3)(b), for “11(4)” substitute “ 12(4) ”.
In paragraph 38 (admissibility of other relevant applications), in sub-paragraph (1)(d), for “22(2), 27(2),” substitute “ 19F(5), 22(2), 27(2), 27D(3), 27D(4), ”.
In paragraph 40 (bar on further application after declaration by the CAC of non-entitlement to recognition), in sub-paragraph (1)—
after “under paragraph” insert “ 27D(4) or ”; and
for “held” substitute “ arranged ”.
In paragraph 41 (bar on further application after declaration by the CAC of end of bargaining arrangements), in sub-paragraph (1)—
after “under paragraph” insert “ 119D(4), 119H(5) or ”; and
for “held” substitute “ arranged ”.
In paragraph 46 (invalidity of application where worker falls within another relevant bargaining unit), in sub-paragraph (1)(d), for “22(2), 27(2),” substitute “ 19F(5), 22(2), 27(2), 27D(3), 27D(4), ”.
In paragraph 48 (invalidity of application after declaration by the CAC of non-entitlement to recognition), in sub-paragraph (1)—
after “under paragraph” insert “ 27D(4) or ”; and
for “held” substitute “ arranged ”.
In paragraph 49 (invalidity of application after declaration by the CAC of end of bargaining arrangements), in sub-paragraph (1)—
after “under paragraph” insert “ 119D(4), 119H(5) or ”; and
for “held” substitute “ arranged ”.
In paragraph 51 (competing applications), in sub-paragraph (2)(b), after “19” insert “ or 19A ”.
In paragraph 52 (agreements for recognition), in sub-paragraph (3)—
in paragraph (f), after “paragraph”, where it first occurs, insert “ 19F(5) or ”; and
in paragraph (h), for “24(5)” substitute “ 24(6) ”.
In paragraph 83 (duties of the CAC where it decides new unit contains at least one worker falling within a statutory outside bargaining unit), in sub-paragraph (8), for “(1)(a)” substitute “ (2)(a) ”.
In paragraph 89(5) (application of paragraphs 26 to 29), for the words from “but as if” onwards substitute
In paragraph 89(8) (effect of declaration of entitlement to recognition), after “27(2)” insert “ or 27D(3) ”.
In paragraph 89, after sub-paragraph (8) add—
In paragraph 93 (withdrawal of applications), in sub-paragraph (1)(c), for “83(1)” substitute “ 83(2) ”.
In paragraph 119 (remedial orders) omit sub-paragraph (3).
In paragraph 120 (costs of a derecognition ballot), after sub-paragraph (6) insert—
In paragraph 122(1) (first case in which Part 5 applies), in paragraph (a), for “22(2)” substitute “ 19F(5), 22(2), 27(2) or 27D(3) ”.
In paragraph 123(1) (second case in which Part 5 applies), in paragraph (a), for “22(2)” substitute “ 19F(5), 22(2), 27(2) or 27D(3) ”.
In paragraph 133(2) (ballot on de-recognition under Part 5 of that Schedule)—
in paragraph (a), for “reference in paragraph 119(2)(a)” substitute “ references in paragraphs 119(2)(a) and 119D(3) ”; and
in paragraph (b), for “reference in paragraph 121(4)” substitute “ references in paragraphs 119A(3)(a)(ii), 119E(1)(b) and 121(4) ”.
In paragraph 147(2) (ballot on de-recognition under Part 6 of that Schedule)—
in paragraph (a), for “reference in paragraph 119(3)(a)” substitute “ references in paragraphs 119H(1) and 119I(1)(a) ”; and
in paragraph (b), for “reference in paragraph 121(4)” substitute “ references in paragraphs 119A(3)(a)(ii), 119E(1)(b) and 121(4) ”.
Employment Tribunals Act 1996
In section 10(1) of the Employment Tribunals Act 1996 (c. 17) (action taken for purpose of safeguarding national security), for paragraph (a) substitute—.
In section 18 of that Act (conciliation), in subsection (1)(b), after “138,” insert “ 145A, 145B, ”.
In section 30(2) of that Act (matters which may be included in procedural rules for Employment Appeal Tribunal) omit paragraph (e).
In section 36 of that Act (enforcement of decisions of Employment Appeal Tribunal) omit subsections (1) to (3).
Employment Rights Act 1996
In section 92 of the Employment Rights Act 1996 (c. 18) (right to written statement of reasons for dismissal), in subsection (6), for paragraph (c) substitute—
In section 95(1) of that Act (circumstances in which employee is dismissed), omit “and section 96”.
In section 98(6)(b) of that Act (provisions to which provision about determination of fairness of dismissal is subject), for “and 238” substitute “ , 238 and 238A ”.
In section 104(4)(c) of that Act (assertion of statutory right), after “86,” insert “ 145A, 145B, ”.
In section 108(3) of that Act (exceptions to one year qualifying period of continuous employment for claims for unfair dismissal), for paragraph (b) substitute—.
In section 109(2) of that Act (exceptions to upper age limit for claims for unfair dismissal), for paragraph (b) substitute—.
Section 191 of that Act (application to the Crown) is amended as follows.
In subsection (4), omit the word “and” at the end of paragraph (d) and after that paragraph insert—.
In that subsection, in paragraph (e), for “references”, where it first occurs, substitute “ any other reference ”.
In subsection (2) of section 192 of that Act (provisions applicable to service as a member of the armed forces on the commencement of that section)—
in paragraph (aa), after “sections”, where it first occurs, insert “ 43M, ”; and
in paragraph (e), after “sections” insert “ 98B(2) and (3), ”.
Section 194 of that Act (provisions of the Act which have effect in relation to employment as a member of the staff of the House of Lords) is amended as follows.
In subsection (2), in paragraph (c), after “sections”, where it first occurs, insert “ 43M, ”.
After that subsection insert—
In subsection (3) for “the provisions” substitute “ the other provisions ”.
Section 195 of that Act (provisions of the Act which have effect in relation to employment as a member of the staff of the House of Commons) is amended as follows.
In subsection (2), in paragraph (c), after “sections”, where it first occurs, insert “ 43M, ”.
After that subsection insert—
In subsection (3)(d), after “undertaking” insert “ (other than in section 98B) ”.
In section 200 of that Act (application of certain provisions of the Act to police officers), in subsection (1), after “sections”, in the second place where it occurs, insert “ 43M, ”.
Section 202 of that Act (restrictions on disclosure of information: national security) is amended as follows.
In subsection (2)(b), after “sections”, where it first occurs, insert “ 43M, ”.
In subsection (2)(g)—
in sub-paragraph (i), after “section”, where it first occurs, insert “ 98B, ”; and
in sub-paragraph (ii), for “(2),” substitute “ (2A), ”.
National Minimum Wage Act 1998
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Employment Relations Act 1999
Section 34 of the Employment Relations Act 1999 (c. 26) (indexation of amounts) is amended as follows.
In subsection (1), for paragraph (f) substitute—.
In subsection (1)(g), for “176(6)” substitute “ 176(6A) ”.
In subsection (3)(b), after “(c),” insert “ (ea), ”.
Employment Act 2002
In each of Schedules 3, 4 and 5 to the Employment Act 2002 (c. 22) (tribunal jurisdictions to which sections 31, 32 and 38 apply), for the entry relating to section 146 of the 1992 Act substitute— “ Section 145A of the Trade Union and Labour Relations (Consolidation) Act 1992 (inducements relating to union membership or activities) Section 145B of that Act (inducements relating to collective bargaining) Section 146 of that Act (detriment in relation to union membership and activities) ”.
Repeals
Section 9(3).
Section 19(4).
Section 34(5)(c).
In section 46(2), the words after paragraph (d).
In section 62, the word “and” at the end of subsection (2)(b).
In section 67, subsections (2) and (4), in subsections (5) and (7) the words “Employment Appeal Tribunal or” and in subsection (8) the words after paragraph (b).
Section 126(2).
In section 133, the word “and” at the end of subsection (2)(b).
In section 146, the word “or” at the end of subsection (1)(b).
In section 148, subsections (3) to (5).
In section 151(1), the words from “; and references” to the end.
In section 152, in subsection (1), the word “or” at the end of each of paragraphs (a) and (b) and, in subsection (4), the words from “; and references” to the end.
In section 155, the word “or” at the end of subsection (2)(b).
In section 176, in subsection (2) the second sentence, in subsection (4) the words “or the Employment Appeal Tribunal”, in subsection (5) the words “or Employment Appeal Tribunal” and in subsection (6) the words after paragraph (b).
In section 226A, subsections (3) to (3B).
In section 234A(3), paragraph (c) and the word “and” immediately preceding it.
Section 256A(4)(a).
In section 288(1)(b), sub-paragraph (ii) and the word “or” immediately preceding it.
Section 292(1)(a).
In section 299, the entry relating to “place of work (in Part V)”.
In Schedule A1, paragraphs 101(4) and (5), 109(2)(a), 113(2)(a), 119(3) and 130(2)(a).
Section 30(2)(e).
Section 36(1) to (3).
In section 95(1), the words “and section 96”.
In section 191, the word “and” at the end of subsection (4)(d).
Section 17.
In section 23(5) the words from “, whether” to the end.