Legalize / United Kingdom / Public General Act

Trade Union and Labour Relations (Consolidation) Act 1992

Type Public General Act

Publication 1992-07-16

Last updated 2026-04-07

State In force

Department Statute Law Database

Source legislation.gov.uk

articles Not indexed

Reform history JSON API

[^key-49b769e8dffe2afaf26fef700b8a8087]: Words in Sch. A1 para. 14(7)(a) substituted (6.4.2026) by Employment Rights Act 2025 (c. 36), s. 159(3), Sch. 6 para. 5(6)(a); S.I. 2026/323, reg. 3(1)(27)(b)(ii) (with reg. 6(1))

[^key-6b55fc49dca5980a141c43d1bee6a284]: Words in Sch. A1 para. 14(7)(b) substituted (6.4.2026) by Employment Rights Act 2025 (c. 36), s. 159(3), Sch. 6 para. 5(6)(b); S.I. 2026/323, reg. 3(1)(27)(b)(ii) (with reg. 6(1))

[^key-beffd0afe2720c526ac306948995b4ea]: Words in Sch. A1 para. 14(8) substituted (6.4.2026) by Employment Rights Act 2025 (c. 36), s. 159(3), Sch. 6 para. 5(7); S.I. 2026/323, reg. 3(1)(27)(b)(ii) (with reg. 6(1))

[^key-c01bb67a8442752b2ae0b16d00a4bfbd]: Sch. A1 para. 29(3) substituted (6.4.2026) by Employment Rights Act 2025 (c. 36), s. 159(3), Sch. 6 para. 19(3); S.I. 2026/323, reg. 3(1)(27)(c)(ii) (with reg. 6(2))

[^key-87fa4c26d50105e3d3ad65b997e64a9a]: Sch. A1 para. 29(5)-(7) omitted (6.4.2026) by virtue of Employment Rights Act 2025 (c. 36), s. 159(3), Sch. 6 para. 19(4); S.I. 2026/323, reg. 3(1)(27)(c)(ii) (with reg. 6(2))

[^key-53f5f67b3b414bb0f1fe583ed4fe893c]: Sch. A1 para. 35(5A)-(5C) inserted (6.4.2026) by Employment Rights Act 2025 (c. 36), s. 159(3), Sch. 6 para. 20(3); S.I. 2026/323, reg. 3(1)(27)(d)(ii) (with reg. 6(3))

[^key-9847445faf3449b7c9c6adcc93c1a8c7]: Sch. A1 para. 36(1)(1A) substituted for Sch. A1 para. 36(1) (6.4.2026 to the extent it substitutes new sub-para. 36(1), otherwise prosp.) by Employment Rights Act 2025 (c. 36), s. 159(3), Sch. 6 para. 21; S.I. 2026/323, reg. 3(1)(27)(e) (with reg. 6(1))

[^key-e3759517845b8f26b94a61da9f9500e2]: Sch. A1 para. 44(6)-(8) inserted (6.4.2026) by Employment Rights Act 2025 (c. 36), s. 159(3), Sch. 6 para. 27(3); S.I. 2026/323, reg. 3(1)(27)(f)(ii) (with reg. 6(3))

[^key-ccaf918459450332490c4a365b501c41]: Sch. A1 para. 45 substituted (6.4.2026 to the extent it substitutes new sub-para. 45(1), otherwise prosp.) by Employment Rights Act 2025 (c. 36), s. 159(3), Sch. 6 para. 28; S.I. 2026/323, reg. 3(1)(27)(g) (with reg. 6(1))

[^key-38aaeaa277b11d5de91581aaa62e689d]: Words in Sch. A1 para. 51(2)(c) substituted (6.4.2026) by Employment Rights Act 2025 (c. 36), s. 159(3), Sch. 6 para. 34; S.I. 2026/323, reg. 3(1)(27)(h) (with reg. 6(4)(5))

[^key-875065a7d27324f663dde96b0dd55ae0]: Sch. A1 para. 86(2) substituted (6.4.2026) by Employment Rights Act 2025 (c. 36), s. 159(3), Sch. 6 para. 42(2); S.I. 2026/323, reg. 3(1)(27)(i) (with reg. 6(6))

[^key-485a5a2b872eaab58a906a76904bb548]: Words in Sch. A1 para. 86(3) substituted (6.4.2026) by Employment Rights Act 2025 (c. 36), s. 159(3), Sch. 6 para. 42(3); S.I. 2026/323, reg. 3(1)(27)(i) (with reg. 6(6))

[^key-84f0615e5981fc4b88542820b9431fa4]: Sch. A1 para. 87(1) substituted (6.4.2026) by Employment Rights Act 2025 (c. 36), s. 159(3), Sch. 6 para. 43; S.I. 2026/323, reg. 3(1)(27)(i) (with reg. 6(6))

[^key-3866b4ce6435ebb15a63c4745ea34d68]: Sch. A1 para. 88(1) substituted (6.4.2026) by Employment Rights Act 2025 (c. 36), s. 159(3), Sch. 6 para. 44; S.I. 2026/323, reg. 3(1)(27)(i) (with reg. 6(6))

[^key-5a6d316ed9f9dcea1ff82bb912f1ff36]: S. 251B(2)(ca) omitted (7.4.2026) by virtue of Employment Rights Act 2025 (c. 36), s. 159(3), Sch. 10 para. 65 (with s. 147, Sch. 11); S.I. 2026/323, reg. 4(1)(55)(c)

Remedy for failure to comply with ballot rules: general.

Scrutineer’s report.

Listing and certification after amalgamation

Election addresses.

Change of name of employers’ association.

Declarations and orders.

Northern Ireland unions.

Time limit for proceedings.

Time limit for proceedings

251B

(1) Information held by ACAS shall not be disclosed if the information—

(a) relates to a worker, an employer of a worker or a trade union (a “relevant person”), and

(b) is held by ACAS in connection with the provision of a service by ACAS or its officers.

This is subject to subsection (2).

(2) Subsection (1) does not prohibit the disclosure of information if—

(a) the disclosure is made for the purpose of enabling or assisting ACAS to carry out any of its functions under this Act,

(b) the disclosure is made for the purpose of enabling or assisting an officer of ACAS to carry out the functions of a conciliation officer under any enactment,

(i) a person appointed by ACAS under section 210(2), or

(ii) an arbitrator or arbiter appointed by ACAS under any enactment,

to carry out functions specified in the appointment,

(ca) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(d) the disclosure is made for the purposes of a criminal investigation or criminal proceedings (whether or not within the United Kingdom),

(e) the disclosure is made in order to comply with a court order,

(f) the disclosure is made in a manner that ensures that no relevant person to whom the information relates can be identified, or

(g) the disclosure is made with the consent of each relevant person to whom the information relates.

(3) Subsection (2) does not authorise the making of a disclosure which contravenes the data protection legislation.

(4) A person who discloses information in contravention of this section commits an offence and is liable on summary conviction to a fine not exceeding level 5 on the standard scale.

(5) Proceedings in England and Wales for an offence under this section may be instituted only with the consent of the Director of Public Prosecutions.

(6) For the purposes of this section information held by—

(a) a person appointed by ACAS under section 210(2) in connection with functions specified in the appointment, or

(b) an arbitrator or arbiter appointed by ACAS under any enactment in connection with functions specified in the appointment,

is information that is held by ACAS in connection with the provision of a service by ACAS.

(7) In this section, “the data protection legislation” has the same meaning as in the Data Protection Act 2018 (see section 3 of that Act).

24ZB

(1) A trade union required to maintain a register of the names and addresses of its members by section 24 must, in relation to each reporting period, appoint a qualified independent person to be an assurer in relation to that period.

(2) There is incorporated in the assurer's appointment a duty which the assurer owes to the trade union—

(a) to provide to the union a membership audit certificate in relation to the reporting period which accords with the requirements of section 24ZD, and

(b) to carry out such enquiries as the assurer considers necessary to enable the assurer to provide that certificate.

(3) A person is a “qualified independent person” if—

(a) the person either satisfies such conditions as may be specified for the purposes of this section by order of the Secretary of State or is specified by name in such an order, and

(b) the trade union has no grounds for believing that—

(i) the person will carry out an assurer's functions otherwise than competently, or

(ii) the person's independence in relation to the union might reasonably be called into question.

(4) None of the following may act as an assurer—

(a) an officer or employee of the trade union or of any of its branches or sections;

(b) a person who is a partner of, or in the employment of, or who employs, such an officer or employee.

(5) This section does not apply to a trade union in relation to a reporting period if the number of its members at the end of the preceding reporting period did not exceed 10,000.

(6) Any order under this section is to be made by statutory instrument and is to be subject to annulment in pursuance of a resolution of either House of Parliament.

24ZC

(1) The rules of every trade union to which section 24ZB applies must contain provision for the appointment and removal of an assurer.

But the following provisions have effect notwithstanding anything in the rules.

(2) An assurer must not be removed from office except by resolution passed at a general meeting of the members of the union or of delegates of its members.

(3) A person duly appointed as an assurer in relation to a reporting period must be reappointed as assurer in relation to the following reporting period, unless—

(a) a resolution has been passed at a general meeting of the trade union appointing somebody else instead or providing expressly that the person is not to be re-appointed,

(b) the person has given notice to the union in writing of the person's unwillingness to be re-appointed,

(d) the person has ceased to act as assurer by reason of incapacity.

(4) But a person need not automatically be re-appointed where—

(a) the person is retiring,

(b) notice has been given of an intended resolution to appoint somebody else instead, and

(c) that resolution cannot be proceeded with at the meeting because of the death or incapacity of the proposed replacement.

24ZD

(1) For the purposes of section 24ZB(2)(a) the requirements of a membership audit certificate in relation to a reporting period provided by an assurer are as follows.

(2) The certificate must state the name of, and be signed by, the assurer.

(3) The certificate must state—

(a) whether, in the assurer's opinion, the trade union's system for compiling and maintaining the register of the names and addresses of its members was satisfactory for the purposes of complying with the union's duties under section 24(1) throughout the reporting period, and

(b) whether, in the assurer's opinion, the assurer has obtained the information and explanations which the assurer considers necessary for the performance of the assurer's functions.

(4) If the certificate states that—

(a) in the assurer's opinion, the trade union's system for compiling and maintaining the register was not satisfactory for the purposes of complying with the union's duties under section 24(1) throughout the reporting period, or

(b) in the assurer's opinion, the assurer has failed to obtain the information and explanations which the assurer considers necessary for the performance of the assurer's functions,

the certificate must state the assurer's reasons for making that statement.

(5) In the case of a failure to obtain information or explanations as described in subsection (4)(b), the certificate must also—

(a) provide a description of the information or explanations requested or required which have not been obtained, and

(b) state whether the assurer required that information or those explanations from the union's officers, or officers of any of its branches or sections, under section 24ZE.

(6) The reference in subsection (2) to signature by the assurer is, where that office is held by a body corporate or partnership, to signature in the name of the body corporate or partnership by an individual authorised to sign on its behalf.

24ZE

(1) An assurer appointed by a trade union under section 24ZB—

(a) has a right of access at all reasonable times to the register of the names and addresses of the union's members and to all other documents which the assurer considers may be relevant to whether the union has complied with any of the requirements of section 24(1), and

(b) is entitled to require from the union's officers, or the officers of any of its branches or sections, such information and explanations as the assurer considers necessary for the performance of the assurer's functions.

(2) In subsection (1) references to documents include information recorded in any form.

24ZF

If an assurer provides a membership audit certificate in relation to a reporting period to a trade union which states that, in the assurer's opinion—

(a) the union's system for compiling and maintaining the register was not satisfactory for the purposes of complying with the union's duties under section 24(1) throughout that period, or

(b) the assurer has failed to obtain the information and explanations which the assurer considers necessary for the performance of the assurer's functions,

the assurer must send a copy of the certificate to the Certification Officer as soon as is reasonably practicable after it is provided to the union.

24ZG

(1) The duty of confidentiality as respects the register is incorporated in an assurer's appointment by a trade union under section 24ZB.

(2) The duty of confidentiality as respects the register is a duty which the assurer owes to the union—

(a) not to disclose any name or address in the register of the names and addresses of the union's members except in permitted circumstances, and

(b) to take all reasonable steps to secure that there is no disclosure of any such name or address by another person except in permitted circumstances.

(3) The circumstances in which disclosure of a member's name or address is permitted are—

(a) where the member consents,

(b) where it is required or requested by the Certification Officer for the purposes of the discharge of any of the Officer's functions,

(c) where it is required for the purposes of the discharge of any of the functions of an inspector appointed by the Officer,

(d) where it is required for the purposes of the discharge of any of the functions of the assurer, or

(e) where it is required for the purposes of the investigation of crime or criminal proceedings.

Exclusion of power of arbiter to state case to Court of Session.

Remedies.

Appointment of scrutineer.

Scrutineer’s report.

198A

(1) This section applies where the following conditions are met—

(a) there is to be, or is likely to be, a relevant transfer,

(b) the transferee is proposing to dismiss as redundant 20 or more employees at one establishment within a period of 90 days or less, and

(c) the individuals who work for the transferor and who are to be (or are likely to be) transferred to the transferee’s employment under the transfer (“transferring individuals”) include one or more individuals who may be affected by the proposed dismissals or by measures taken in connection with the proposed dismissals.

(2) Where this section applies, the transferee may elect to consult, or to start to consult, representatives of affected transferring individuals about the proposed dismissals before the transfer takes place (“pre-transfer consultation”).

(3) Any such election—

(a) may be made only if the transferor agrees to it, and

(b) must be made by way of written notice to the transferor.

(4) If the transferee elects to carry out pre-transfer consultation—

(a) sections 188 to 198 apply from the time of the election (and continue to apply after the transfer) as if the transferee were already the transferring individuals’ employer and as if any transferring individuals who may be affected by the proposed dismissals were already employed at the establishment mentioned in subsection (1)(b) (but this is subject to section 198B), and

(b) the transferor may provide information or other assistance to the transferee to help the transferee meet the requirements of this Chapter.

(5) A transferee who elects to carry out pre-transfer consultation may cancel that election at any time by written notice to the transferor.

(6) If the transferee cancels an election to carry out pre-transfer consultation—

(a) sections 188 to 198 no longer apply as mentioned in subsection (4)(a),

(b) anything done under those sections has no effect so far as it was done in reliance on the election,

(c) if the transferee notified an appropriate representative, a transferring individual or the Secretary of State of the election or the proposed dismissals, the transferee must notify him or her of the cancellation as soon as reasonably practicable, and

(d) the transferee may not make another election under subsection (2) in relation to the proposed dismissals.

(7) For the purposes of this section and section 198B—

“affected transferring individual” means a transferring individual who may be affected by the proposed dismissals or who may be affected by measures taken in connection with the proposed dismissals;

“pre-transfer consultation” has the meaning given in subsection (2);

“relevant transfer” means—a relevant transfer under the Transfer of Undertakings (Protection of Employment) Regulations 2006,anything else regarded, by virtue of an enactment, as a relevant transfer for the purposes of those Regulations, orwhere an enactment provides a power to make provision which is the same as or similar to those Regulations, any other novation of a contract of employment effected in the exercise of that power,and “transferor” and “transferee” are to be construed accordingly;

“transferring individual” has the meaning given in subsection (1)(c).

198B

(1) Where section 198A applies and the transferee elects to carry out pre-transfer consultation (and has not cancelled the election), the application under section 198A(4)(a) of sections 188 to 198 is (both before and after the transfer) subject to the following modifications—

(a) for section 188(1B)(a) substitute—

(a) for transferring individuals of a description in respect of which an independent trade union is recognised by the transferor, representatives of that trade union, (aa) for employees, other than transferring individuals, of a description in respect of which an independent trade union is recognised by the transferee, representatives of that trade union, or

;

(b) in section 188(5), for “the employer” substitute “the transferor or transferee”;

(c) in section 188(5A), for “shall allow the appropriate representatives access to the affected employees and shall afford to those representatives such accommodation and other facilities as may be appropriate” substitute “shall ensure that the appropriate representatives are allowed access to the affected transferring individuals and that such accommodation and other facilities as may be appropriate are afforded to those representatives”;

(d) in section 188(7), at the end insert—

A failure on the part of the transferor to provide information or other assistance to the transferee does not constitute special circumstances rendering it not reasonably practicable for the transferee to comply with such a requirement.

;

(e) where an employment tribunal makes a protective award under section 189 ordering the transferee to pay remuneration for a protected period in respect of a transferring individual, then, so far as the protected period falls before the relevant transfer, the individual’s employer before the transfer is to be treated as the employer for the purpose of determining under sections 190(2) to (6) and 191 the period (if any) in respect of which, and the rate at which, the individual is entitled to be paid remuneration by the transferee under section 190(1);

(f) in section 189, at the end insert—

(7) If on a complaint under this section a question arises whether the transferor agreed to an election or the transferee gave notice of an election as required under section 198A(3), it is for the transferee to show that the agreement or notice was given as required.

;

(g) in section 192, at the end insert—

(5) If on a complaint under this section a question arises whether the transferor agreed to an election or the transferee gave notice of an election as required under section 198A(3), it is for the transferee to show that the agreement or notice was given as required.

;

(h) in section 193(6), for “the employer” the second time it appears substitute “the transferor or transferee”;

(i) in section 193(7), at the end insert—

A failure on the part of the transferor to provide information or other assistance to the transferee does not constitute special circumstances rendering it not reasonably practicable for the transferee to comply with any of those requirements.

;

(j) in section 196(1), in the closing words, for “employed by the employer” substitute “employed by the transferor or transferee”;

(k) for section 196(2) substitute—

(2) References in this Chapter to representatives of a trade union are to officials or other persons authorised by the trade union to carry on collective bargaining with the transferee.

(2) Where section 198A applies and the transferee elects to carry out pre-transfer consultation (and has not cancelled the election), both before and after the transfer section 168(1)(c) applies as follows in relation to an official of an independent trade union who, as such an official, is an affected transferring individual’s appropriate representative under section 188(1B)(a)—

(a) in relation to the official’s duties as such a representative, the reference in the opening words of section 168(1) to an independent trade union being recognised by the employer is to be read as a reference to an independent trade union being recognised by the transferor;

(b) the references in section 168(1)(c) to the employer in relation to section 188 are to be read as references to the transferee.

292A

(1) This section applies where this Act provides for it to apply for the purposes of a provision of this Act (a “relevant provision”).

(2) In this section—

(a) Day A is the day on which the complainant concerned complies with the requirement in subsection (1) of section 18A of the Employment Tribunals Act 1996 (requirement to contact ACAS before instituting proceedings) in relation to the matter in respect of which the proceedings are brought, and

(b) Day B is the day on which the complainant concerned receives or, if earlier, is treated as receiving (by virtue of regulations made under subsection (11) of that section) the certificate issued under subsection (4) of that section.

(3) In working out when a time limit set by a relevant provision expires the period beginning with the day after Day A and ending with Day B is not to be counted.

(4) If a time limit set by a relevant provision would (if not extended by this subsection) expire during the period beginning with Day A and ending one month after Day B, the time limit expires instead at the end of that period.

(5) Where an employment tribunal has power under this Act to extend a time limit set by a relevant provision, the power is exercisable in relation to the time limit as extended by this section.

Notice to employers of industrial action.

Exclusion of common law rules as to restraint of trade.

Advice.

Meaning of “trade dispute" in Part IV.

Dismissals in connection with other industrial action.

24ZA

(1) A trade union required to maintain a register of the names and addresses of its members by section 24 must send to the Certification Officer a membership audit certificate in relation to each reporting period.

(2) In this section and in sections 24ZB to 24ZF, a “reporting period” means a period in relation to which the union is required by section 32 to send an annual return to the Certification Officer.

(3) The union must send the membership audit certificate in relation to a reporting period to the Certification Officer at the same time as it sends to the Officer its annual return under section 32 in relation to that period.

(4) In the case of a trade union required by section 24ZB to appoint an assurer in relation to a reporting period, the “membership audit certificate” in relation to that period is the certificate which the assurer is required to provide to the union in relation to that period pursuant to that appointment.

(5) In any other case, the “membership audit certificate” in relation to a reporting period is a certificate which—

(a) must be signed by an officer of the trade union who is authorised to sign on its behalf,

(b) must state the officer's name, and

(c) must state whether, to the best of the officer's knowledge and belief, the union has complied with its duties under section 24(1) throughout the reporting period.

(6) A trade union must, at a person's request, supply the person with a copy of its most recent membership audit certificate either free of charge or on payment of a reasonable charge.

(7) The Certification Officer must at all reasonable hours keep available for public inspection, either free of charge or on payment of a reasonable charge, copies of all membership audit certificates sent to the Officer under this section.

Conciliation and mediation: supplementary provisions

24ZH

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24ZI

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

24ZJ

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

24ZK

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

24B

(1) Where the Certification Officer is satisfied that a trade union has failed to comply with any of the requirements of section 24, 24ZA, 24ZB or 24ZC (duties etc relating to the register of members), the Officer may make a declaration to that effect.

(2) Before making such a declaration, the Certification Officer—

(a) may make such enquiries as the Officer thinks fit,

(b) must give the union an opportunity to make written representations, and

(3) If the Certification Officer makes a declaration it must specify the provisions with which the union has failed to comply.

(4) Where the Certification Officer makes a declaration and is satisfied—

(a) that steps have been taken by the union with a view to remedying the declared failure or securing that a failure of the same or any similar kind does not occur in future, or

(b) that the union has agreed to take such steps,

the Officer must specify those steps in the declaration.

(5) Where a declaration is made, the Certification Officer must give reasons in writing for making the declaration.

(6) Where a declaration is made, the Certification Officer must also make an enforcement order unless the Officer considers that to do so would be inappropriate.

(7) An “enforcement order” is an order imposing on the union one or both of the following requirements—

(a) to take such steps to remedy the declared failure, within such period, as may be specified in the order;

(b) to abstain from such acts as may be so specified with a view to securing that a failure of the same or a similar kind does not occur in future.

(8) Where, having given the union an opportunity to make written representations under subsection (2)(b), the Certification Officer determines not to make a declaration under subsection (1), the Officer must give the union notice in writing of that determination.

(9) Where the Certification Officer requests a person to provide information to the Officer in connection with enquiries under this section, the Officer must specify the date by which that information is to be provided.

(10) Where the information is not provided by the specified date, the Certification Officer must proceed with determining whether to make a declaration under subsection (1) unless the Officer considers that it would be inappropriate to do so.

(11) A declaration made by the Certification Officer under this section may be relied on as if it were a declaration made by the court.

(12) An enforcement order made by the Certification Officer under this section may be enforced by the Officer in the same way as an order of the court.

(13) Where an enforcement order has been made, a person who is a member of the union and was a member at the time it was made is entitled to enforce obedience to the order as if the order had been made on an application by that person.

24C

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Vexatious litigants.

Health service practitioners.

32ZA

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

32ZB

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

32ZC

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

84A

(1) A trade union must give an opt-out information notice to each member of the union—

(a) within the period of eight weeks beginning with the day after the day on which a political resolution is passed by the members of the union under section 73, and

(b) within the period of eight weeks beginning with the end of—

(i) the period of ten years beginning with the day on which a political resolution is passed, and

(ii) each successive period of ten years,

unless during that period of ten years the political resolution is rescinded or otherwise ceases to have effect.

(2) An “opt-out information notice” is a notice stating that—

(a) each member of the union has the right not to be a contributor to the political fund of the union, and

(b) a member may exercise that right by giving an opt-out notice under section 84.

(3) An opt-out information notice must be given in accordance with rules of the union approved for the purpose by the Certification Officer.

(4) In deciding whether to approve those rules, the Certification Officer must have regard in each case to the existing practice and character of the union.

(5) As soon as is reasonably practicable after the end of any period of eight weeks within which an opt-out information notice must be given, a trade union must send to the Certification Officer a copy of—

(a) the opt-out information notice, or

(b) if there is more than one form of opt-out information notice, each form of notice.

(6) A member of a trade union who claims that the union has failed to comply with this section may complain to the Certification Officer.

(7) Where the Certification Officer is satisfied on a complaint under subsection (6) that a trade union has failed to comply with this section, the Officer may make such order for remedying the failure as the Officer thinks just under the circumstances.

(8) Before deciding the matter the Certification Officer—

(a) may make such enquiries as the Officer thinks fit;

(b) must give the union and the member making the complaint an opportunity to make written representations;

(9) An order made by the Certification Officer under this section may be enforced by the Certification Officer in the same way as an order of the court.

...

116B

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172A

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

220A

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The Council of ACAS.

Health service practitioners.

Extent.

Meaning of “voting”

297A

For the purposes of this Act, the number of persons voting in a ballot includes those who return ballot papers that are spoiled or otherwise invalid.

Extent.

193A

(1) Section 193 applies with the modifications set out in subsections (2) and (3) if—

(a) the duty under section 193(1) or 193(2) applies to a proposal to dismiss employees as redundant, and

(b) some or all of the employees concerned are members of the crew of a seagoing ship which is registered at a port outside Great Britain.

(2) The employer shall give the notification required by section 193(1) or (2) section 193(2) , so far as relating to the members of crew of a ship within subsection (1)(b), to the competent authority of the state where the ship is registered (as well as to the Secretary of State).

(3) Where this subsection applies, section 193 is to be read as if references in subsections (4) and (6) to a notice were to the notice that is required to be given to the Secretary of State.

(4) In this section “ship” includes—

(a) any kind of vessel used in navigation, and

(b) hovercraft.

297B

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

256C

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

256D

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

257A

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

SCHEDULE A3

Introduction

1

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Power of Certification Officer to require production of documents etc

2

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Investigation by inspectors

3

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Inspectors' reports etc

4

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Enforcement of paragraphs 2 and 3 by Certification Officer

5

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Supplementary

6

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

SCHEDULE A4

Introduction

1

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Power to impose financial penalties

2

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Enforcement of conditional penalty order

3

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Representations

4

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Appeals

5

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Amount of penalty

6

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Early or late payment, and enforcement

7

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Regulations

8

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Payment of penalties etc into Consolidated Fund

9

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

172B

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

...

Power of Secretary of State to specify minimum service levels

234B

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Work notices relating to minimum service levels

234C

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

234D

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Work notices: no protection if union fails to take reasonable steps

234E

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Regulations: consultation and supplementary

234F

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Interpretation of terms relating to minimum service levels

234G

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Sections 226 to 234A: meaning of “contract of employment”

Chapter 5ZA — Right of trade unions to access workplaces

Access agreements: general

70ZA

(1) This section applies for the purposes of this Chapter.

(2) An “access agreement” is an agreement between a qualifying trade union and an employer that—

(a) provides for one or more officials of the union to physically enter a workplace or communicate with workers (or both) for any of the access purposes, and

(b) is entered into under section 70ZD or is treated as having been entered into under section 70ZE.

(3) A “qualifying trade union” is a trade union that has a certificate of independence.

(4) “Access” means—

(a) physical entry into a workplace;

(b) communication with workers.

(5) A reference to communication with workers is a reference to communication with workers (including the provision of information to workers) by any means, whether directly or indirectly.

(6) The “access purposes” are—

(a) to meet, support, represent, recruit or organise workers (whether or not they are members of a trade union);

(b) to facilitate collective bargaining.

(7) But the access purposes do not include organising industrial action.

(8) Sections 70ZB to 70ZF contain provision about entering into access agreements.

(9) Section 70ZG contains provision about the variation or revocation of access agreements.

(10) Sections 70ZH to 70ZK contain provision about the enforcement of access agreements.

(11) Section 70ZL contains general limitations on the provision that may be made under this Chapter, including in access agreements.

Entering into access agreements

70ZB

(1) A qualifying trade union may give an employer a request for access by one or more officials of the union for any of the access purposes.

(2) A request under subsection (1)—

(a) may request access on one or more occasions;

(b) may include the terms on which access is requested (including as to what (if any) assistance the employer is requested to provide in relation to the access).

(3) A request under subsection (1) must—

(a) be in the prescribed form;

(b) include the prescribed information;

(4) An employer that has been given a request under subsection (1) may give the union a notice agreeing with the request or disagreeing with the request (in whole or in part).

(5) A notice under subsection (4) must—

(a) be in the prescribed form;

(b) include the prescribed information;

(6) In this Chapter—

“access request” means a request under subsection (1) given in accordance with subsection (3);

“response notice” means a notice under subsection (4) given in accordance with subsection (5).

70ZC

In sections 70ZD and 70ZE—

(a) “the response period” means a prescribed period beginning with the day on which an access request is given;

(b) “the negotiation period” means a prescribed period beginning with the day on which a response notice is given.

70ZD

(1) An access agreement is entered into under this section if—

(a) a qualifying trade union gives an access request to an employer,

(b) the employer gives the union a response notice before the end of the response period,

(c) before the end of the negotiation period, the union and the employer agree in writing terms on which officials of the union are to have access, and

(d) the union and the employer jointly notify the Central Arbitration Committee of those terms in the prescribed form and manner.

(2) See section 70ZE for the case where an access agreement is treated as being entered into by virtue of a determination of the Central Arbitration Committee.

70ZE

(1) This section applies if a qualifying trade union has given an access request to an employer and either—

(a) the employer has not given a response notice to the union before the end of the response period, or

(b) the employer has given a response notice before the end of the response period and the negotiation period has ended without the union and the employer agreeing in writing terms on which officials of the union are to have access.

(2) The Central Arbitration Committee may, on an application under this section, make a determination that officials of the union are or are not to have access.

(3) If the Central Arbitration Committee makes a determination that officials of the union are to have access—

(a) the determination must specify the terms on which officials of the union are to have access (including as to what (if any) assistance the employer must provide in relation to the access), and

(b) an access agreement containing those terms (and no others) is treated as having been entered into between the union and the employer.

(4) An application for a determination under this section may be made—

(a) by the union, in the case referred to in subsection (1)(a);

(b) by the union or the employer, in the case referred to in subsection (1)(b).

(5) An application for a determination under this section—

(a) must be in writing and in such form as the Central Arbitration Committee may require;

(b) may not be made after the end of a prescribed period beginning with the day on which the access request is given.

(6) In considering an application for a determination under this section, the Central Arbitration Committee—

(a) may make such enquiries as it sees fit;

(b) may make reasonable requests to provide information or documents relevant to the application;

(c) so far as reasonably practicable, must give any person who it considers has a proper interest in the application an opportunity to be heard.

(7) A determination under this section must—

(a) be in writing, and

(b) state the reasons for the determination.

(8) Section 70ZF makes further provision about determinations under this section.

70ZF

(1) Subject to regulations under this section, a determination by the Central Arbitration Committee under section 70ZE must be consistent with the access principles.

(2) The access principles are—

(a) officials of a qualifying trade union should be able to physically enter a workplace or communicate with workers (or both) for any of the access purposes in any manner that does not unreasonably interfere with the employer’s business;

(b) an employer should take reasonable steps to facilitate access by officials of a qualifying trade union;

(c) physical entry into a workplace should not be refused solely on the basis that communication with workers by means not involving physical entry into a workplace is permitted;

(d) communication with workers by means not involving physical entry into a workplace should not be refused solely on the basis that physical entry into a workplace is permitted;

(e) access should be refused entirely only where it is reasonable in all the circumstances to do so.

(3) The Secretary of State may prescribe terms of an access agreement that the Central Arbitration Committee must consider to be terms that—

(a) would not unreasonably interfere with an employer’s business;

(b) would constitute reasonable steps that an employer should take to facilitate access;

(4) The Secretary of State may prescribe—

(a) circumstances in which it is to be regarded as reasonable for the Central Arbitration Committee to make a determination that officials of a union that has given an access request to an employer are not to have access;

(b) circumstances in which the Central Arbitration Committee must make such a determination.

(5) The circumstances referred to in subsection (4) may be prescribed by reference to (among other matters)—

(a) the description of business carried on by the employer;

(b) the number of workers employed by the employer;

(d) a description of workplace;

(e) a description of workers;

(f) the ability of the employer to facilitate access;

(g) avoiding prejudice to the prevention or detection of offences;

(h) national security.

(6) The Secretary of State may prescribe matters to which the Central Arbitration Committee must have regard in considering an application for a determination under section 70ZE.

Variation and revocation of access agreements

70ZG

(1) The parties to an access agreement may at any time vary or revoke the agreement.

(2) A variation or revocation of an access agreement must be in writing.

(3) An access agreement that is varied under this section continues to have effect as an access agreement for the purposes of this Chapter.

(4) The effect of an access agreement being revoked is that it ceases to be an access agreement for the purposes of this Chapter.

(5) A variation or revocation of an access agreement takes effect—

(a) only if the parties jointly notify the Central Arbitration Committee of the variation or revocation in the prescribed form and manner;

(b) only in respect of times after the day on which the Central Arbitration Committee is so notified.

Enforcement of access agreements

70ZH

(1) A party to an access agreement may make a complaint to the Central Arbitration Committee on the ground that—

(a) the other party has breached the agreement;

(b) a person that is not a party to the agreement has taken or is taking steps to prevent access, or has prevented access, from taking place in accordance with the agreement.

(2) A complaint under subsection (1) must be made before the end of the period of three months beginning with the day on which the matter complained of is alleged to have occurred.

(3) On a complaint under subsection (1), the Central Arbitration Committee may—

(a) vary the agreement;

(b) make a declaration that the complaint is or is not well-founded;

(c) if it makes a declaration that the complaint is well-founded, make an order requiring a person to take any steps specified in the order for the purposes of ensuring that access takes place in accordance with the agreement.

(4) An access agreement that is varied under subsection (3)(a) continues to have effect as an access agreement for the purposes of this Chapter.

(5) An order under subsection (3)(c) may, where it appears to the Central Arbitration Committee necessary or appropriate to do so, make provision different from that made in the agreement.

(6) A declaration or order made by the Central Arbitration Committee under this section must—

(a) be in writing, and

(b) state the reasons for the declaration or order.

(7) For the purposes of this section, a reference to a person taking steps includes a reference to a person not doing something.

70ZI

(1) This section applies where the Central Arbitration Committee has made a declaration under section 70ZH(3) that a complaint about a person is well-founded.

(2) A party to an access agreement may make a complaint to the Central Arbitration Committee on any of the following grounds—

(a) that the person has, before the end of the relevant period, carried out the conduct complained of under section 70ZH again;

(b) where the complaint under section 70ZH was that the person breached the agreement, that the person has, before the end of the relevant period, breached the agreement again (whether or not in the way complained of under section 70ZH);

(3) In subsection (2), “the relevant period” means the period of 12 months beginning with the date of the declaration.

(4) A complaint under subsection (2) must be made before the end of the period of three months beginning with the day on which the alleged conduct occurs.

(5) On a complaint about a person under subsection (2), the Central Arbitration Committee may—

(a) make a declaration that the complaint is or is not well-founded;

(b) if it makes a declaration that the complaint is well-founded, make an order requiring the person to pay an amount to the Central Arbitration Committee.

(6) An amount payable under subsection (5)(b) may be any amount that the Central Arbitration Committee considers appropriate, subject to regulations under section 70ZJ.

(7) A declaration or order made by the Central Arbitration Committee under this section must—

(a) be in writing, and

(b) state the reasons for the declaration or order.

(8) A declaration or order made by the Central Arbitration Committee under subsection (5) may be relied on (and enforced by the Central Arbitration Committee or a party to the access agreement) as if it were a declaration or order made by the court.

(9) The Central Arbitration Committee must pay into the Consolidated Fund any amounts received under subsection (5)(b).

(10) For the purposes of this section, a reference to conduct includes a reference to a person not doing something.

70ZJ

(1) The Secretary of State may prescribe that an amount payable under section 70ZI(5)(b)—

(a) must be at least a prescribed amount;

(b) may not exceed a prescribed amount.

(2) An amount may be prescribed under subsection (1)(a) or (b)—

(a) as a fixed amount;

(b) by reference to one or more prescribed factors;

(c) as the highest or lowest of two or more prescribed amounts, whether prescribed as fixed amounts or by reference to one or more prescribed factors.

(3) The factors that may be prescribed under subsection (2)(b) or (c) include (among others)—

(a) the nature of the complaint under section 70ZI(2) against the person required to pay the amount (the “liable party”);

(b) whether the liable party has previously been subject to a complaint under section 70ZH(1) or 70ZI(2), or a prescribed number of such complaints, declared by the Central Arbitration Committee to be well-founded;

(d) in the case of a liable party that is an undertaking, the turnover of the liable party in a prescribed period, including (in particular) worldwide, European or United Kingdom turnover;

(e) in the case of a liable party that is an employer—

(i) the number of workers employed by the liable party, or

(ii) the number of workers of a prescribed description employed by the liable party;

(f) in the case of a liable party that is a trade union, the number of members that the liable party has.

(4) The Secretary of State may prescribe matters to which the Central Arbitration Committee must have regard in considering what amount is payable under section 70ZI(5)(b).

70ZK

(1) An access agreement—

(a) is enforceable only by means of a complaint under section 70ZH or 70ZI, and not by any other means;

(b) in particular, is to be conclusively presumed not to have been intended by the parties to be a legally enforceable contract.

(2) Accordingly, where an access agreement is, or is part of, a collective agreement, section 179(2) and (3)(a) do not apply to the access agreement.

(3) A complaint under section 70ZH or 70ZI must be in writing and in such form as the Central Arbitration Committee may require.

(4) In its consideration of a complaint under section 70ZH or 70ZI, the Central Arbitration Committee—

(a) may make such enquiries as it sees fit;

(b) may make reasonable requests to provide information or documents relevant to the complaint;

(c) so far as reasonably practicable, must give any person who it considers has a proper interest in the complaint an opportunity to be heard.

(5) The Central Arbitration Committee may draw an adverse inference from a person’s failure to comply with any reasonable request to provide information or documents relevant to a complaint under section 70ZH or 70ZI.

General limitations on access agreements etc

70ZL

(1) Nothing in this Chapter requires or authorises any of the following (each, a “prohibited activity”)—

(a) physical entry by any person into a dwelling;

(b) a disclosure of personal data without the consent of the data subject;

(c) a disclosure of information that would contravene the data protection legislation (but, in determining whether a disclosure would do so, the provisions of this Chapter are to be taken into account).

(2) Accordingly—

(a) a term of an access agreement entered into under section 70ZD that requires or authorises a prohibited activity is of no effect for the purposes of this Chapter;

(b) the Central Arbitration Committee may not specify as a term of an access agreement under section 70ZE any term that would require or authorise a prohibited activity;

(c) the Central Arbitration Committee may not exercise any function under sections 70ZH to 70ZK so as to require or authorise a prohibited activity.

(3) In this section—

(a) “consent” has the same meaning as in the UK GDPR (see Article 4(11) of the UK GDPR);

(b) “personal data”, “data subject”, “the data protection legislation” and “the UK GDPR” have the same meaning as in the Data Protection Act 2018 (see section 3 of that Act).

Appeals to the Employment Appeal Tribunal

70ZM

(1) An appeal lies to the Employment Appeal Tribunal on any question of law arising from any determination, declaration or order of, or arising in any proceedings before, the Central Arbitration Committee under this Chapter.

(2) Where the Central Arbitration Committee makes an order under section 70ZI(5)(b) for a person to pay an amount to the Central Arbitration Committee, the person may appeal against the order.

(3) On an appeal under subsection (2), the Employment Appeal Tribunal may—

(a) quash the order;

(b) make an order requiring the person to pay a reduced amount to the Central Arbitration Committee;

(4) The Central Arbitration Committee must pay into the Consolidated Fund any amounts received under subsection (3)(b).

Regulations

70ZN

Regulations prescribing anything for the purposes of this Chapter (see section 293(1)) may make different provision for different purposes.

Statement of trade union rights

136A

(1) A worker’s employer must give the worker a written statement that the worker has the right to join a trade union.

(2) The statement must be given—

(a) at the same time as the employer gives the worker a statement under section 1 of the 1996 Act (statement of employment particulars);

(b) at other prescribed times.

(3) The Secretary of State may prescribe—

(a) information that must be included in the statement;

(b) the form which the statement must take;

(4) The information prescribed may include that the worker has rights conferred by this Part.

(5) For the purposes of this section—

(a) “worker” and “employer” have the same meaning as in the 1996 Act (see section 230 of that Act);

(b) in a case where an employer gives a worker a statement under section 1 of the 1996 Act in instalments (see section 2(4) of that Act), that statement is to be treated as given when the first instalment is given;

(6) Regulations prescribing anything for the purposes of this section (see section 293(1)) may make different provision for different purposes.

(7) See section 38 of the Employment Act 2002 for the effect of failing to give a statement in accordance with this section.

168B

(1) An employer must permit an employee who is—

(a) a member of an independent trade union recognised by the employer, and

(b) an equality representative of the trade union,

to take time off during the employee’s working hours for any of the following purposes.

(2) The purposes are—

(a) carrying out activities for the purpose of promoting the value of equality in the workplace;

(b) arranging learning or training on matters relating to equality in the workplace;

(c) providing information, advice or support to qualifying members of the trade union in relation to matters relating to equality in the workplace;

(d) consulting with the employer on matters relating to equality in the workplace;

(e) obtaining and analysing information relating to equality in the workplace;

(f) preparing for any of the things mentioned in paragraphs (a) to (e).

(3) Subsection (1) applies only if—

(a) the trade union has given the employer notice in writing that the employee is an equality representative of the union, and

(b) the training condition is met in relation to the employee.

(4) The training condition is met if—

(a) the employee has undergone sufficient training to enable the employee to carry on activities mentioned in subsection (2), and the trade union has given the employer notice in writing of that fact,

(b) the trade union has in the last six months given the employer notice in writing that the employee will be undergoing such training, or

(c) within six months of the trade union giving the employer notice in writing that the employee will be undergoing such training, the employee has done so, and the trade union has given the employer notice of that fact.

(5) Only one notice under subsection (4)(b) may be given in respect of any one employee.

(6) References in subsection (4) to sufficient training to carry out activities mentioned in subsection (2) are to training that is sufficient for those purposes having regard to any relevant provision of a Code of Practice issued by ACAS or the Secretary of State.

(7) If an employer is required to permit an employee to take time off under subsection (1), the employer must also permit the employee to take time off during the employee’s working hours for the following purposes—

(a) undergoing training which is relevant to the employee’s functions as an equality representative, and

(b) where the trade union has in the last six months given the employer notice under subsection (4)(b) in relation to the employee, undergoing such training as is mentioned in subsection (4)(a).

(8) The amount of time off which an employee is to be permitted to take under this section and the purposes for which, the occasions on which and any conditions subject to which time off may be so taken are those that are reasonable in all the circumstances, having regard to any relevant provision of a Code of Practice issued by ACAS or the Secretary of State.

(9) An employer that permits an employee to take time off as required by this section must, where requested by the employee, provide the employee with such accommodation and other facilities in relation to the purposes for which the employee takes time off as is reasonable in all the circumstances, having regard to any relevant provisions of a Code of Practice issued by ACAS.

(10) An employee may present a complaint to an employment tribunal that the employer has failed—

(a) to permit the employee to take time off, or

(b) to provide the employee with facilities,

as required by this section.

(11) On a complaint under subsection (10)(a), it is for the employer to show that the amount of time off which the employee proposed to take was not a reasonable amount of time off.

(12) For the purposes of this section—

(a) a person is an equality representative of a trade union if the person is appointed or elected as such in accordance with its rules;

(b) “equality”, in relation to a workplace, means—

(i) the elimination of discrimination, harassment and victimisation, each of which is to be read in accordance with the Equality Act 2010, and of any other conduct that is prohibited by or under that Act;

(ii) the advancement of equality of opportunity between persons who share a relevant protected characteristic and persons who do not share it;

(iii) the fostering of good relations between persons who share a relevant protected characteristic and persons who do not share it;

(c) “relevant protected characteristic” means age, disability, gender reassignment, pregnancy and maternity, race, religion or belief, sex or sexual orientation, each of which is to be read in accordance with the Equality Act 2010;

(d) a reference to qualifying members of the trade union is a reference to members of the trade union—

(i) who are employees of the employer of a description in respect of which the union is recognised by the employer, and

(ii) in relation to whom it is the function of the equality representative to act as such.

195A

(1) In this Chapter references to the threshold number of employees are references to the number of employees determined in accordance with regulations made by the Secretary of State under this section.

(2) Regulations under this section may (among other things) provide that the number is—

(a) a specified number;

(b) a number determined by reference to a specified percentage of employees;

(c) a number that is the highest or lowest of two or more numbers, whether those numbers are specified numbers, determined by reference to a specified percentage of employees, or determined in another way specified in the regulations.

(3) But the regulations may not provide in any case for the threshold number of employees to be lower than 20.

(4) For the purposes of determining a number by reference to a specified percentage of employees, the regulations may make provision for determining how many employees an employer has, including (among other things)—

(a) provision about the time by reference to which that determination is to be made;

(b) provision excluding employees of a specified description from being taken into account in that determination.

(5) Regulations under this section may make different provision for different purposes, including (among other things)—

(a) different provision in respect of different provisions of this Chapter;

(b) different provision in respect of different descriptions of employer.

(6) Regulations under this section may contain such incidental, supplementary or transitional provision as appears to the Secretary of State to be necessary or expedient.

(7) Regulations under this section are to be made by statutory instrument.

(8) A statutory instrument containing regulations under this section (whether alone or with other provision) may not be made unless a draft of the instrument is laid before and approved by a resolution of each House of Parliament.

(9) In this section “specified” means specified in the regulations.

Protection against detriment

236A

(1) A worker has the right not to be subjected as an individual to detriment of a prescribed description by any act, or any deliberate failure to act, by the worker’s employer, if the act or failure takes place for the sole or main purpose of preventing or deterring the worker from taking protected industrial action, or penalising the worker for doing so.

(2) For that purpose, a worker takes protected industrial action if the worker commits an act which, or a series of acts each of which, the worker is induced to commit by an act which by virtue of section 219 is not actionable in tort.

(3) But no account may be taken of the repudiation of any act by a trade union as mentioned in section 21 in relation to anything which occurs before the end of the next working day after the day on which the repudiation takes place.

(4) Regulations under subsection (1) may prescribe detriment of any description (instead of detriment of a specific description).

(5) Subsection (1) does not apply where the worker is an employee and the detriment in question amounts to dismissal (but see sections 237 to 239).

(6) A worker or former worker may present a complaint to an employment tribunal on the ground that the worker or former worker has been subjected to a detriment by an employer in contravention of this section.

(7) A worker or former worker has no other remedy for infringement of the right conferred by this section.

(8) In this section and sections 236B to 236D—

“employer” means—in relation to a worker, the person for whom the worker works;in relation to a former worker, the person for whom the former worker worked;

“worker” means an individual who works, or normally works, as mentioned in paragraphs (a) to (c) of section 296(1);

“working day” means any day which is not a Saturday or Sunday, Christmas Day, Good Friday or a bank holiday under the Banking and Financial Dealings Act 1971.

236B

(1) An employment tribunal may not consider a complaint under section 236A unless it is presented—

(a) before the end of the period of six months beginning with the date of the act or failure to which the complaint relates or, where that act or failure is part of a series of similar acts or failures (or both), the last of them, or

(b) where the tribunal is satisfied that it was not reasonably practicable for the complaint to be presented before the end of that period, within such further period as it considers reasonable.

(2) For the purposes of subsection (1)—

(a) where an act extends over a period, the reference to the date of the act is a reference to the last day of that period;

(b) a failure to act is to be treated as done when it was decided on.

(3) For the purposes of subsection (2), in the absence of evidence establishing the contrary, an employer is to be taken to decide on a failure to act—

(a) when the employer does an act inconsistent with doing the failed act, or

(b) if the employer has done no such inconsistent act, when the period expires within which the employer might reasonably have been expected to do the failed act if it was to be done.

(4) Section 292A (extension of time limits to facilitate conciliation before institution of proceedings) applies for the purposes of subsection (1)(a).

236C

On a complaint under section 236A it is for the employer to show what was the sole or main purpose for which the employer acted or failed to act.

236D

(1) Where the employment tribunal finds that a complaint under section 236A is well-founded, the tribunal—

(a) must make a declaration to that effect, and

(b) may make an award of compensation to be paid by the employer to the complainant in respect of the act or failure complained of.

(2) The amount of the compensation awarded is to be an amount which the tribunal considers just and equitable in all the circumstances having regard to the infringement complained of and to any loss sustained by the complainant which is attributable to the act or failure.

(3) The loss is to be taken to include—

(a) any expenses reasonably incurred by the complainant in consequence of the act or failure, and

(b) loss of any benefit which the complainant might reasonably be expected to have had but for the act or failure.

(4) In ascertaining the loss, the tribunal must apply the same rule concerning the duty of a person to mitigate loss as applies to damages recoverable under the common law of England and Wales or Scotland.

(5) Where the tribunal finds that the act or failure complained of was to any extent caused or contributed to by action of the complainant, it must reduce the amount of the compensation by such proportion as it considers just and equitable having regard to that finding.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Meaning of “voting”

Access agreements

19G

(1) This paragraph applies if—

(a) the CAC accepts an application under paragraph 11(2) or 12(2) or (4), and

(b) the application is in progress.

(2) The union (or unions) may, by giving notice to the CAC and the employer within the access request period, request access to the relevant workers in connection with the application.

(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 access request period is the period of 5 working days starting with the day after the day on which the CAC gives the union (or unions) notice under paragraph 15(5) that the application is accepted.

(6) For the purposes of this paragraph and paragraphs 19H to 19K, an application under paragraph 11 or 12 is in progress if none of the following has occurred—

(a) the withdrawal of the application;

(b) the CAC giving notice to the union (or unions) of a decision under paragraph 20 that the application is invalid;

(c) the CAC giving notice to the union (or unions) of a declaration issued under paragraph 13B(6), 19F(5), 19K(4) or (5), 19P(4) or (5), 22(2) or 27(2) in relation to the application;

(d) the holding of any ballot arising from the application.

19H

(1) This paragraph applies if—

(a) the CAC accepts an application under paragraph 11(2) or 12(2) or (4),

(b) the union requests (or unions request) access to the relevant workers under paragraph 19G(2) in connection with the application, and

(2) The CAC must try to help the parties to reach agreement within the negotiation period as to terms on which the union is (or unions are) to have access to the relevant workers.

(3) The negotiation period is, subject to any notice under sub-paragraph (4) or (6)—

(a) the period of 20 working days starting with the day after the day on which the CAC gives the union (or unions) notice under paragraph 15(5) that the application is accepted, or

(b) such longer period (so starting) as the CAC may specify to the parties by notice containing reasons for the extension.

(4) If, during the negotiation period, the CAC concludes that there is no reasonable prospect of the parties’ agreeing terms on which the union is (or unions are) to have access to the relevant workers before the time when (apart from this sub-paragraph) the negotiation period would end, the CAC may, by a notice given to the parties, declare that the negotiation period ends with the date of the notice.

(5) A notice under sub-paragraph (4) must contain reasons for reaching the conclusion mentioned in that sub-paragraph.

(6) If, during the negotiation period, the parties apply to the CAC for a declaration that the negotiation period is to end with a date (specified in the application) which is earlier or later than the date with which it would otherwise end, the CAC may, by a notice given to the parties, declare that the negotiation period ends with the specified date.

19I

(1) This paragraph applies if—

(a) the CAC accepts an application under paragraph 11(2) or 12(2) or (4),

(b) the union requests (or unions request) access to the relevant workers under paragraph 19G(2) in connection with the application,

(c) the parties have not within the negotiation period agreed terms on which the union is (or unions are) to have access to the relevant workers, and

(d) the application is in progress.

(2) Within the adjudication period, the CAC must—

(a) decide the terms on which the union is (or unions are) to have access to the relevant workers, or

(b) decide that the union is (or unions are) not to have access to the relevant workers.

(3) The adjudication period is—

(a) the period of 10 working days starting with the day after the day with which the negotiation period ends, or

(b) such longer period (so starting) as the CAC may specify to the parties by notice containing reasons for the extension.

(4) Any terms decided by the CAC must be terms that the CAC regards as allowing such access to the relevant workers as is reasonable to enable the union (or unions) to—

(a) inform the workers of the object of the application or any ballot arising from it, and

(b) seek their support and their opinions on the issues involved.

19J

(1) This paragraph applies if—

(a) an access agreement is entered into, and

(b) the application under paragraph 11 or 12 is in progress.

(2) “Access agreement” means—

(a) terms on which the union is (or unions are) to have access to the relevant workers and which are agreed between the parties under paragraph 19H during the negotiation period, or

(b) terms on which the union is (or unions are) to have access to the relevant workers and which are decided by the CAC under paragraph 19I,

and such an agreement is “entered into” when the terms are so agreed or decided.

(3) The parties must comply with the access agreement.

(4) The employer must refrain from making any offer to any or all of the relevant workers which—

(a) has or is likely to have the effect of inducing any or all of them not to attend any relevant meeting between the union (or unions) and the relevant workers, and

(b) is not reasonable in the circumstances.

(5) The employer must refrain from taking, or threatening to take, any action against a worker solely or mainly on the grounds that the worker—

(a) attended or took part in any relevant meeting between the union (or unions) and the relevant workers, or

(b) indicated an intention to attend or take part in such a meeting.

(6) 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.

(7) In the case of an application under paragraph 12(4), the relevant workers are those falling within the bargaining unit agreed by the parties.

(8) A meeting is a relevant meeting in relation to a worker for the purposes of sub-paragraphs (4) and (5) if—

(a) it is organised in accordance with an access agreement or as a result of a step ordered to be taken under paragraph 19K to remedy a failure to comply with the duty in sub-paragraph (3), and

(b) it is one which the employer is, by such an agreement or order as is mentioned in paragraph (a), required to permit the worker to attend.

(9) The duties imposed by sub-paragraphs (4) and (5) do not confer any rights on a worker; but that does not affect any other right which a worker may have.

(10) Any provision of an access agreement that would require personal data relating to any of the relevant workers to be disclosed to any person who is not an appointed person is of no effect for the purposes of this Part of this Schedule.

(11) In sub-paragraph (10)—

(a) “appointed person” means—

(i) a person appointed to handle communications under paragraph 19C, or

(ii) a person appointed to conduct a ballot under paragraph 25;

(b) “personal data” has the same meaning as in the Data Protection Act 2018 (see section 3 of that Act).

(12) An access agreement is to be conclusively presumed not to have been intended by the parties to be a legally enforceable contract; and, accordingly, where an access agreement is, or is part of, a collective agreement, section 179(2) and (3)(a) do not apply to the access agreement.

19K

(1) Sub-paragraph (2) applies if—

(a) the CAC is satisfied that a party has failed to fulfil any of the duties imposed on that party by paragraph 19J, and

(b) the application under paragraph 11 or 12 is in progress.

(2) The CAC may order the party—

(a) to take such steps to remedy the failure as the CAC considers reasonable and specifies in the order, and

(b) to do so within such period as the CAC considers reasonable and specifies in the order.

(3) Sub-paragraphs (4) and (5) apply if—

(a) the CAC is satisfied that a party has failed to comply with an order under sub-paragraph (2),

(b) the application under paragraph 11 or 12 is in progress,

(d) in the case of an application under paragraph 11(2) or 12(2), the CAC, if required to do so, has decided under paragraph 20 that the application is not invalid.

(4) If the party that has failed to comply is the employer, the CAC may issue a declaration that the union is (or unions are) recognised as entitled to conduct collective bargaining on behalf of the bargaining unit.

(5) If the party that has failed to comply is a union, the CAC may issue a declaration that the union is (or unions are) not entitled to be so recognised.

19L

(1) Each of the powers specified in sub-paragraph (2) is to be taken to include power to issue Codes of Practice about any matter relating to requests for access under paragraph 19G(2), including (among other things)—

(a) what access is reasonable for the purposes of paragraph 19I(4);

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