LegalizeReform history
Trade Union and Labour Relations (Consolidation) Act 1992
77 versions
· 1992-07-16
2026-04-07
Trade Union and Labour Relations (Consolidation) Act 1992
2026-04-06
Trade Union and Labour Relations (Consolidation) Act 1992
2026-04-01
Trade Union and Labour Relations (Consolidation) Act 1992
2026-02-18
Trade Union and Labour Relations (Consolidation) Act 1992
Changes on 2026-02-18
@@ -6,7 +6,7 @@
### Meaning of “trade union"
#### Federated employers’ associations.
#### Change of name of employers’ association.
##### 1
@@ -603,7 +603,7 @@
- (6) In exercising his functions under this section the Certification Officer shall ensure that, so far as is reasonably practicable, an application made to him is determined within six months of being made.
- (6A) For the purposes of subsection (6) the circumstances in which it is not reasonably practicable to determine an application within that time frame may include, in particular, where delay is caused by the exercise of the powers under paragraph 2 or 3 of Schedule A3 (powers to require production of documents etc and to appoint inspectors).
- (6A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (7) Where he requests a person to furnish information to him in connection with enquiries made by him under this section, he shall specify the date by which that information is to be furnished and, unless he considers that it would be inappropriate to do so, shall proceed with his determination of the application notwithstanding that the information has not been furnished to him by the specified date.
@@ -1467,7 +1467,7 @@
- (b) a declaration under section 56 (by the court);
but the Certification Officer may also exercise the powers under section 55 where no application is made.
...
- (2) An application for a declaration under section 55 or 56 may be made only—
@@ -1483,11 +1483,11 @@
##### 55
- (1) Where the Certification Officer is satisfied that a trade union has failed to comply with any of the requirements of this Chapter, either—
- (a) on an application by a person having a sufficient interest (see section 54(2)), or
- (b) without any such application having been made,
- (1) Where the Certification Officer is satisfied that a trade union has failed to comply with any of the requirements of this Chapter ...—
- (a) on an application by a person having a sufficient interest (see section 54(2)), ...
- (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
the Officer may make a declaration to that effect.
@@ -1495,9 +1495,9 @@
- (a) may make such enquiries as the Officer thinks fit,
- (b) must give the union and the applicant (if any) an opportunity to make written representations, and
- (c) may give the union and the applicant (if any) an opportunity to make oral representations.
- (b) must give the union and the applicant ... an opportunity to make written representations, and
- (c) may give the union and the applicant ... an opportunity to make oral representations.
- (3) If he makes a declaration he shall specify in it the provisions with which the trade union has failed to comply.
@@ -1987,9 +1987,9 @@
- (2) A political resolution so passed shall take effect as if it were a rule of the union and may be rescinded in the same manner and subject to the same provisions as such a rule.
- (3) If not previously rescinded, a political resolution shall cease to have effect at the end of the period of ten years beginning with the date of the ballot on which it was passed.
- (4) Where before the end of that period a ballot is held on a new political resolution, then—
- (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (4) Where a political resolution (“the old resolution”) is in force and a ballot is held on a new political resolution, then—
- (a) if the new resolution is passed, the old resolution shall be treated as rescinded, and
@@ -2197,7 +2197,7 @@
- (b) has failed in relation to a proposed ballot on a political resolution to comply with political ballot rules so approved,
may apply for a declaration under section 80 (by the Certification Officer) or section 81 (by the court); but the Certification Officer may also exercise the powers under section 80 where no application is made.
may apply for a declaration under section 80 (by the Certification Officer) or section 81 (by the court) ....
- (2) An application under section 80 or 81 may be made only by a person who is a member of the trade union and, where the ballot has been held, was a member at the time when it was held.
@@ -2209,7 +2209,7 @@
##### 80
- (1) Where the Certification Officer is satisfied, either on an application by a person having a sufficient interest (see section 79(2)) or without any such application having been made, that a trade union—
- (1) Where the Certification Officer is satisfied, ... on an application by a person having a sufficient interest (see section 79(2)) ..., that a trade union—
- (a) has held a ballot on a political resolution otherwise than in accordance with political ballot rules approved by the Certification Officer, or
@@ -2221,9 +2221,9 @@
- (a) may make such enquiries as the Officer thinks fit,
- (b) must give the union and the applicant (if any) an opportunity to make written representations, and
- (c) may give the union and the applicant (if any) an opportunity to make oral representations.
- (b) must give the union and the applicant ... an opportunity to make written representations, and
- (c) may give the union and the applicant ... an opportunity to make oral representations.
- (3) If he makes a declaration he shall specify in it the provisions with which the trade union has failed to comply.
@@ -2315,13 +2315,13 @@
- (ca) that, if the union has a political fund, any form (including an electronic form) that a person has to complete in order to become a member of the union shall include—
- (i) a statement to the effect that the person may opt to be a contributor to the fund, and
- (i) a statement to the effect that the person may opt out of being a contributor to the fund, and
- (ii) a statement setting out the effect of paragraph (c); and
- (d) that contribution to the political fund shall not be made a condition for admission to the union.
- (2) A member of a trade union who claims that he is aggrieved by a breach of any rule made in pursuance of this section may complain to the Certification Officer; but the Officer may also exercise the powers under this section where no complaint under this section is made.
- (2) A member of a trade union who claims that he is aggrieved by a breach of any rule made in pursuance of this section may complain to the Certification Officer ....
- (2A) Where the Certification Officer is satisfied that a breach has been committed, the Officer may make such order for remedying the breach as he thinks just under the circumstances.
@@ -2329,9 +2329,9 @@
- (a) may make such enquiries as the Officer thinks fit,
- (b) must give a representative of the union and the complainant (if any) an opportunity to make written representations, and
- (c) may give a representative of the union and the complainant (if any) an opportunity to make oral representations.
- (b) must give a representative of the union and the complainant ... an opportunity to make written representations, and
- (c) may give a representative of the union and the complainant ... an opportunity to make oral representations.
- (3A) Where the Certification Officer requests a person to furnish information to him in connection with enquiries made by him under this section, he shall specify the date by which that information is to be furnished and, unless he considers that it would be inappropriate to do so, shall proceed with his determination ... notwithstanding that the information has not been furnished to him by the specified date.
@@ -2363,27 +2363,47 @@
##### 84
- (1) It is unlawful to require a member of a trade union to make a contribution to the political fund of a trade union if—
- (a) the member has not given to the union notice of the member's willingness to contribute to that fund (an “opt-in notice”); or
- (b) an opt-in notice given by the member has been withdrawn in accordance with subsection (2).
- (2) A member of a trade union who has given an opt-in notice may withdraw that notice by giving notice to the union (a “withdrawal notice”).
- (3) A withdrawal notice takes effect at the end of the period of one month beginning with the day on which it is given.
- (4) A member of a trade union may give an opt-in notice or a withdrawal notice—
- (1) For the purposes of this Act, a member of a trade union is a “contributor” to the political fund of the union unless an opt-out notice given by the member to the union has effect (see subsection (3)).
- (2) An “opt-out notice” is a notice that the member opts out of being a contributor.
- (3) An opt-out notice has effect on and after the relevant day unless the member withdraws the notice.
- (4) In subsection (3), “*the relevant day*” means—
- (a) in a case where—
- (i) a political resolution is passed on a ballot held at a time when no such resolution is in force, and
- (ii) the opt-out notice is given before the end of the period of four weeks beginning with the day on which an opt-out information notice is given to the member under section 84A,
the day on which the opt-out notice is given;
- (b) in any other case, the earlier of—
- (i) a day specified in, or determined in accordance with, the rules of the union, and
- (ii) 1 January in the year following the year in which the opt-out notice is given.
- (5) A member of a trade union withdraws an opt-out notice by giving the union notice of the withdrawal (a “withdrawal notice”).
- (6) A member of a trade union may give an opt-out notice or a withdrawal notice—
- (a) by delivering it (either personally or by an authorised agent or by post) at the head office or a branch office of the union;
- (b) by sending it by e-mail to an address that the union has told its members can be used for sending such notices;
- (c) by completing an electronic form provided by the union which sets out the notice, and sending it to the union by electronic means in accordance with instructions given by the union; or
- (b) by sending it by email to an address that the union has told its members can be used for sending such notices;
- (c) by completing an electronic form provided by the union which sets out the notice, and sending it to the union by electronic means in accordance with instructions given by the union;
- (d) by such other electronic means as may be prescribed.
- (5) In this Act “*contributor*”, in relation to the political fund of a trade union, means a member who has given to the union an opt-in notice that has not been withdrawn.
- (7) The Secretary of State must, before the end of the period of three months beginning with the day on which this section comes into force, publish guidance about the kind of provision which the Secretary of State considers it is appropriate for the rules of a trade union to make for the purposes of subsection (4)(b)(i).
- (8) The Secretary of State—
- (a) may from time to time revise guidance published under subsection (7);
- (b) must publish any revisions of that guidance.
#### Manner of giving effect to exemptions
@@ -2407,7 +2427,11 @@
##### 86
- (1) If a member of a trade union which has a political fund certifies in writing to his employer that, or to the effect that , he is not a contributor to the fund,
- (1) If a member of a trade union which has a political fund certifies in writing to his employer that, or to the effect that —
- (a) the member is not a contributor to the fund, or
- (b) the member has given the union an opt-out notice but it does not yet have effect,
the employer shall ensure that no amount representing a contribution to the political fund is deducted by him from emoluments payable to the member.
@@ -2549,13 +2573,3149 @@
- (1) Where a political resolution is in force in relation to the union—
- (a) rules made by the union for the purpose of complying with section 74 (political ballot rules) in relation to a proposed ballot may provide for overseas members of the union not to be accorded entitlement to vote in the ballot, ...
- (a) rules made by the union for the purpose of complying with section 74 (political ballot rules) in relation to a proposed ballot may provide for overseas members of the union not to be accorded entitlement to vote in the ballot , and
- (b) rules made by the union for the purpose of complying with section 84A (opt-out information notices) may provide for opt-out information notices not to be given by the union to its overseas members.
- (2) Accordingly, where provision is made in accordance with subsection (1)(a), the Certification Officer shall not on that ground withhold his approval of the rules ; and where provision is made in accordance with subsection (1)(b), section 84A(1) is not to be taken to require opt-out information notices to be given to overseas members ...
- (3) An “*overseas member*” means a member of the trade union (other than a merchant seaman or offshore worker) who is outside Great Britain throughout the period during which votes may be cast.
For this purpose—
- “*merchant seaman*” means a person whose employment, or the greater part of it, is carried out on board sea-going ships; and
- “*offshore worker*” means a person in offshore employment, other than one who is in such employment in an area where the law of Northern Ireland applies.
#### Appeals from Certification Officer
##### 95
An appeal lies to the Employment Appeal Tribunal on any question of law arising in proceedings before or arising from any decision of the Certification Officer under this Chapter.
#### Meaning of “date of the ballot”
##### 96
In this Chapter the “*date of the ballot*” means, in the case of a ballot in which votes may be cast on more than one day, the last of those days.
### Chapter VII — Amalgamations and similar matters
### Amalgamation or transfer of engagements
#### Amalgamation or transfer of engagements
##### 97
- (1) Two or more trade unions may amalgamate and become one trade union, with or without a division or dissolution of the funds of any one or more of the amalgamating unions, but shall not do so unless—
- (a) the instrument of amalgamation is approved in accordance with section 98, and
- (b) the requirements of section 99 (notice to members) and section 100 (resolution to be passed by required majority on ballot held in accordance with sections 100A to 100E) are complied with in respect of each of the amalgamating unions.
- (2) A trade union may transfer its engagements to another trade union which undertakes to fulfil those engagements, but shall not do so unless—
- (a) the instrument of transfer is approved in accordance with section 98, and
- (b) the requirements of section 99 (notice to members) and section 100 (resolution to be passed by required majority on ballot held in accordance with sections 100A to 100E) are complied with in respect of the transferor union.
- (3) An amalgamation or transfer of engagements does not prejudice any right of any creditor of any trade union party to the amalgamation or transfer.
- (4) The above provisions apply to every amalgamation or transfer of engagements notwithstanding anything in the rules of any of the trade unions concerned.
#### Approval of instrument of amalgamation or transfer
##### 98
- (1) The instrument of amalgamation or transfer must be approved by the Certification Officer and shall be submitted to him for approval before a ballot of the members of any amalgamating union, or (as the case may be) of the transferor union, is held on the resolution to approve the instrument.
- (2) If the Certification Officer is satisfied—
- (a) that an instrument of amalgamation complies with the requirements of any regulations in force under this Chapter, and
- (b) that he is not prevented from approving the instrument of amalgamation by subsection (3),
he shall approve the instrument.
- (3) The Certification Officer shall not approve an instrument of amalgamation if it appears to him that the proposed name of the amalgamated union is the same as the name under which another organisation—
- (a) was on 30th September 1971 registered as a trade union under the Trade Union Acts 1871 to 1964,
- (b) was at any time registered as a trade union or employers' association under the Industrial Relations Act 1971, or
- (c) is for the time being entered in the list of trade unions or in the list of employers' associations,
or if the proposed name is one so nearly resembling any such name as to be likely to deceive the public.
- (4) Subsection (3) does not apply if the proposed name is the name of one of the amalgamating unions.
- (5) If the Certification Officer is satisfied that an instrument of transfer complies with the requirements of any regulations in force under this Chapter, he shall approve the instrument.
#### Notice to be given to members
##### 99
- (1) The trade union shall take all reasonable steps to secure that every voting paper which is supplied for voting in the ballot on the resolution to approve the instrument of amalgamation or transfer is accompanied by a notice in writing approved for the purpose by the Certification Officer.
- (2) The notice shall be in writing and shall either—
- (a) set out in full the instrument of amalgamation or transfer to which the resolution relates, or
- (b) give an account of it sufficient to enable those receiving the notice to form a reasonable judgment of the main effects of the proposed amalgamation or transfer.
- (3) If the notice does not set out the instrument in full it shall state where copies of the instrument may be inspected by those receiving the notice.
- (3A) The notice shall not contain any statement making a recommendation or expressing an opinion about the proposed amalgamation or transfer.
- (4) The notice shall also comply with the requirements of any regulations in force under this Chapter.
- (5) The notice proposed to be supplied to members of the union under this section shall be submitted to the Certification Officer for approval; and he shall approve it if he is satisfied that it meets the requirements of this section.
#### Resolution approving instrument of amalgamation or transfer
##### 100
- (1) A resolution approving the instrument of amalgamation or transfer must be passed on a ballot of the members of the trade union held in accordance with sections 100A to 100E.
- (2) A simple majority of those voting is sufficient to pass such a resolution unless the rules of the trade union expressly require it to be approved by a greater majority or by a specified proportion of the members of the union.
#### Registration of instrument of amalgamation or transfer
##### 101
- (1) An instrument of amalgamation or transfer shall not take effect before it has been registered by the Certification Officer under this Chapter.
- (2) It shall not be so registered before the end of the period of six weeks beginning with the date on which an application for its registration is sent to the Certification Officer.
- (3) An application for registration of an instrument of amalgamation or transfer shall not be sent to the Certification Officer until section 100E(6) has been complied with in relation to the scrutineer’s report on the ballot held on the resolution to approve the instrument.
#### Power to alter rules of transferee union for purposes of transfer
##### 102
- (1) Where a trade union proposes to transfer its engagements to another trade union and an alteration of the rules of the transferee union is necessary to give effect to provisions in the instrument of transfer, the committee of management or other governing body of that union may by memorandum in writing alter the rules of that union so far as is necessary to give effect to those provisions.
This subsection does not apply if the rules of the trade union expressly provide that this section is not to apply to that union.
- (2) An alteration of the rules of a trade union under subsection (1) shall not take effect unless or until the instrument of transfer takes effect.
- (3) The provisions of subsection (1) have effect, where they apply, notwithstanding anything in the rules of the union.
#### Complaints as regards passing of resolution
##### 103
- (1) A member of a trade union who claims that the union—
- (a) has failed to comply with any of the requirements of sections 99 to 100E, or
- (b) has, in connection with a resolution approving an instrument of amalgamation or transfer, failed to comply with any rule of the union relating to the passing of the resolution,
may complain to the Certification Officer ....
- (2) Any complaint must be made before the end of the period of six weeks beginning with the date on which an application for registration of the instrument of amalgamation or transfer is sent to the Certification Officer.
Where a complaint is made, the Certification Officer shall not register the instrument before the complaint is finally determined or is withdrawn.
- (2A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (3) Where the Certification Officer is satisfied that there has been a failure such as is mentioned in paragraph (a) or (b) of subsection (1)—
- (a) he shall make a declaration to that effect, and
- (b) he may make an order specifying the steps which must be taken before he will entertain any application to register the instrument of amalgamation or transfer;
and where he makes such an order, he shall not entertain any application to register the instrument unless he is satisfied that the steps specified in the order have been taken.
An order under this subsection may be varied by the Certification Officer by a further order.
- (3A) Before deciding the matter the Certification Officer—
- (a) may make such enquiries as the Officer thinks fit,
- (b) must give the union and the complainant ... an opportunity to make written representations, and
- (c) may give the union and the complainant ... an opportunity to make oral representations.
- (4) The Certification Officer shall furnish a statement, orally or in writing, of the reasons for his decision ... under this section.
- (5) The validity of a resolution approving an instrument of amalgamation or transfer shall not be questioned in any legal proceedings whatsoever (except proceedings before the Certification Officer under this section or proceedings arising out of such proceedings) on any ground on which a complaint could be, or could have been, made to the Certification Officer under this section.
- (6) Where the Certification Officer requests a person to furnish information to him in connection with enquiries made by him under this section, he shall specify the date by which that information is to be furnished and, unless he considers that it would be inappropriate to do so, shall proceed with his determination ... notwithstanding that the information has not been furnished to him by the specified date.
- (7) A declaration made by the Certification Officer under this section may be relied on as if it were a declaration made by the court.
- (8) Where an order has been made under this section, any 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 he had made a complaint under this section.
- (9) An order made by the Certification Officer under this section may be enforced in the same way as an order of the court.
#### Appeal from decision of Certification Officer
##### 104
An appeal lies to the Employment Appeal Tribunal, at the instance of the complainant or the trade union, on any question of law arising in any proceedings before, or arising from any decision of, the Certification Officer under section 103.
#### Transfer of property on amalgamation or transfer
##### 105
- (1) Where an instrument of amalgamation or transfer takes effect, the property held—
- (a) for the benefit of any of the amalgamating unions, or for the benefit of a branch of any of those unions, by the trustees of the union or branch, or
- (b) for the benefit of the transferor trade union, or for the benefit of a branch of the transferor trade union, by the trustees of the union or branch,
shall without any conveyance, assignment or assignation vest, on the instrument taking effect, or on the appointment of the appropriate trustees, whichever is the later, in the appropriate trustees.
- (2) In the case of property to be held for the benefit of a branch of the amalgamated union, or of the transferee union, “*the appropriate trustees*” means the trustees of that branch, unless the rules of the amalgamated or transferee union provide that the property to be so held is to be held by the trustees of the union.
- (3) In any other case “*the appropriate trustees*” means the trustees of the amalgamated or transferee union.
- (4) This section does not apply—
- (a) to property excepted from the operation of this section by the instrument of amalgamation or transfer, or
- (b) to stocks and securities in the public funds of the United Kingdom or Northern Ireland.
#### Amalgamation or transfer involving Northern Ireland union
##### 106
- (1) This Chapter has effect subject to the following modifications in the case of an amalgamation or transfer of engagements to which a trade union and a Northern Ireland union are party.
- (2) The requirements of sections 98 to 100E and 101(3) (approval of instrument, notice to members and ballot on resolution) do not apply in relation to the Northern Ireland union; but the Certification Officer shall not register the instrument under section 101 unless he is satisfied that it will be effective under the law of Northern Ireland.
- (3) The instrument of amalgamation or transfer submitted to the Certification Officer for his approval under section 98 shall state which of the bodies concerned is a Northern Ireland union and, in the case of an amalgamation, whether the amalgamated body is to be a Northern Ireland union; and the Certification Officer shall withhold his approval if the instrument does not contain that information.
- (4) Nothing in section 102 (alteration of rules) or sections 103 and 104 (complaint as to passing of resolution) applies in relation to the Northern Ireland union.
- (5) Subject to the exceptions specified above, the provisions of this Chapter as to amalgamations or transfers of engagements apply in relation to the Northern Ireland union.
### Change of name
#### Change of name of trade union
##### 107
- (1) A trade union may change its name by any method expressly provided for by its rules or, if its rules do not expressly provide for a method of doing so, by adopting in accordance with its rules an alteration of the provision in them which gives the union its name.
- (2) If the name of the trade union is entered in the list of trade unions a change of name shall not take effect until approved by the Certification Officer.
- (3) The Certification Officer shall not approve a change of name if it appears to him that the proposed new name—
- (a) is the same as one entered in the list as the name of another trade union, or
- (b) is the same as one entered in the list of employers’ associations kept under Part II of this Act,
or is a name so nearly resembling such a name as to be likely to deceive the public.
- (4) A change of name by a trade union does not affect any right or obligation of the union or any of its members; and any pending legal proceedings may be continued by or against the union, the trustees of the union or any other officer of the union who can sue or be sued on its behalf notwithstanding its change of name.
### Supplementary
#### General power to make regulations
##### 108
- (1) The Secretary of State may make regulations as respects—
- (a) applications to the Certification Officer under this Chapter,
- (b) the registration under this Chapter of any document or matter,
- (c) the inspection of documents kept by the Certification Officer under this Chapter,
- (d) the charging of fees in respect of such matters, and of such amounts, as may with the approval of the Treasury be prescribed by the regulations,
and generally for carrying this Chapter into effect.
- (2) Provision may in particular be made—
- (a) requiring an application for the registration of an instrument of amalgamation or transfer, or of a change of name, to be accompanied by such statutory declarations or other documents as may be specified in the regulations;
- (b) as to the form or content of any document required by this Chapter, or by the regulations, to be sent or submitted to the Certification Officer and as to the manner in which any such document is to be signed or authenticated;
- (c) authorising the Certification Officer to require notice to be given or published in such manner as he may direct of the fact that an application for registration of an instrument of amalgamation or transfer has been or is to be made to him.
- (3) Regulations under this section may make different provision for different circumstances.
- (4) Regulations under this section shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.
### Chapter VIII — . . .
#### Proceedings in relation to which assistance may be provided
##### 109
- (1) This Chapter applies to proceedings or prospective proceedings to the extent that they consist in, or arise out of—
- (a) an application to the court under section 15(3) (application for order authorising member to take or continue proceedings on behalf of trade union) or any other proceedings brought by virtue of that section;
- (b) an application to the court under section 16 (remedy against trustees for unlawful use of trade union property);
- (c) an application to the court under section 26 (remedy for failure to maintain register of members or secure confidentiality);
- (d) an application to the court under section 31 (remedy for failure to comply with request for access to trade union’s accounting records);
- (da) an application to the court under section 45C (remedy for failure to comply with duty to secure positions not held by certain offenders);
- (e) an application to the court under section 56 (remedy for failure to comply with requirements as to election for office);
- (f) an application to the court under section 62 (application for order where industrial action does not have support of ballot);
- (g) proceedings brought by virtue of section 71 (restriction on use of funds for political objects) with respect to the unlawful application of the funds of a trade union;
- (h) an application to the court under section 81 (remedy for failure to comply with requirements as to political ballot).
- (2) This Chapter applies to proceedings or prospective proceedings to the extent that they consist in, or arise out of, proceedings in the High Court or the Court of Session with respect to an alleged breach or threatened breach of the rules of a trade union relating to any of the following matters—
- (a) the appointment or election of a person to, or the removal of a person from, any office;
- (b) disciplinary proceedings by the union (including expulsion);
- (c) the authorising or endorsing of industrial action;
- (d) the balloting of members;
- (e) the application of the union’s funds or property;
- (f) the imposition, collection or distribution of any levy for the purposes of industrial action;
- (g) the constitution or proceedings of any committee, conference or other body.
The reference above to the rules of a trade union includes the rules of any branch or section of the trade union; and in paragraph (a) “*office*” includes any position by virtue of which a person is an official in relation to the trade union or is entitled to attend as a representative any meeting concerned with union business.
- (3) This Chapter also applies to proceedings or prospective proceedings to the extent that they consist in, or arise out of such other proceedings against a trade union, an official of a trade union or the trustees of the property of a trade union as may be specified in an order made by the Secretary of State.
Any order shall be made by statutory instrument; and no such order shall be made unless a draft of it has been laid before and approved by resolution of each House of Parliament.
#### Application for assistance: its consideration
##### 110
- (1) An individual who is an actual or prospective party to proceedings to which this Chapter applies may apply to the Commissioner for the Rights of Trade Union Members (in this Chapter referred to as “*the Commissioner*”) for assistance in relation to the proceedings, and the Commissioner shall, as soon as reasonably practicable after receiving the application, consider it and decide whether and to what extent to grant it.
- (2) The matters to which the Commissioner may have regard in determining whether, and to what extent, to grant an application include—
- (a) whether the case raises a question of principle,
- (b) whether it is unreasonable, having regard to the complexity of the case, to expect the applicant to deal with it unaided, and
- (c) whether, in the Commissioner’s opinion, the case involves a matter of substantial public interest.
- (3) In the case of an application made by virtue of section 109(1)(c), (e) or (h) (failure to maintain register of members or to comply with requirements as to election or political ballot), if—
- (a) the Certification Officer has already made a declaration with respect to the subject-matter of the proceedings or prospective proceedings, and
- (b) it appears to the Commissioner that the applicant would (if assisted) have a reasonable prospect of securing the making of an enforcement order in the proceedings,
the Commissioner shall grant the application to the extent he considers necessary for securing that, so far as reasonably practicable, all the steps he considers appropriate (including, where appropriate, the holding of another ballot or election) are taken by the trade union for the purpose of remedying the declared failure and of ensuring that a failure of the same or a similar kind does not occur in future.
- (4) The Commissioner shall not grant an application made by virtue of section 109(2) (proceedings arising out of breach of rules) unless it appears to him—
- (a) that the breach of rules in question affects, or may affect, members of the union other than the applicant, or
- (b) that similar breaches of the rules have been or may be committed in relation to other members of the union.
- (5) If the Commissioner decides not to provide assistance, he shall, as soon as reasonably practicable after making the decision, notify the applicant of his decision and, if he thinks fit, of the reasons for it.
#### Provision of assistance
##### 111
- (1) If the Commissioner decides to provide assistance, he shall, as soon as reasonably practicable after making the decision—
- (a) notify the applicant, stating the extent of the assistance to be provided, and
- (b) give him a choice, subject to any restrictions specified in the notification, as to the financial arrangements to be made in connection with the provision of the assistance.
- (2) The assistance provided may include the making of arrangements for, or for the Commissioner to bear the costs of—
- (a) the giving of advice or assistance by a solicitor or counsel, and
- (b) the representation of the applicant, or the provision to him of such assistance as is usually given by a solicitor or counsel—
- (i) in steps preliminary or incidental to the proceedings, or
- (ii) in arriving at or giving effect to a compromise to avoid or bring an end to the proceedings.
- (3) Where assistance is provided with respect to the conduct of proceedings—
- (a) it shall include an agreement by the Commissioner to indemnify the applicant (subject only to any exceptions specified in the notification) in respect of any liability to pay costs or expenses arising by virtue of any judgment or order of the court in the proceedings,
- (b) it may include an agreement by the Commissioner to indemnify the applicant in respect of any liability to pay costs or expenses arising by virtue of any compromise or settlement arrived at in order to avoid the proceedings or bring the proceedings to an end, and
- (c) it may include an agreement by the Commissioner to indemnify the applicant in respect of any liability to pay damages pursuant to an undertaking given on the grant of interlocutory relief (in Scotland, an interim order) to the applicant.
- (4) Where the Commissioner provides assistance in relation to any proceedings, he shall do so on such terms, or make such other arrangements, as will secure that a person against whom the proceedings have been or are commenced is informed that assistance has been or is being provided by the Commissioner in relation to them.
- (5) In England and Wales, the recovery of expenses incurred by the Commissioner in providing an applicant with assistance (as taxed or assessed in such manner as may be prescribed by rules of court) shall constitute a first charge for the benefit of the Commissioner—
- (a) on any costs which, by virtue of any judgment or order of the court, are payable to the applicant by any other person in respect of the matter in connection with which the assistance is provided, and
- (b) on any sum payable to the applicant under a compromise or settlement arrived at in connection with that matter to avoid or bring proceedings to an end.
- (6) In Scotland, the recovery of such expenses (as taxed or assessed in such manner as may be prescribed by rules of court) shall be paid to the Commissioner, in priority to other debts—
- (a) out of any expenses which, by virtue of any judgment or order of the court, are payable to the applicant by any other person in respect of the matter in connection with which the assistance is provided, and
- (b) out of any sum payable to the applicant under a compromise or settlement arrived at in connection with that matter to avoid or bring proceedings to an end.
#### Title of proceedings where assistance provided
##### 112
- (1) Where a person is receiving assistance in relation to proceedings, there shall, if he so wishes, be added after his name in the title of the proceedings the words “(assisted by the Commissioner for the Rights of Trade Union Members)".
- (2) The addition of those words shall not be construed as making the Commissioner a party to the proceedings or as liable to be treated as a party for any purpose; and the omission of those words shall be treated as an irregularity only and shall not nullify the proceedings, any step taken in the proceedings or any document, judgment or order therein.
#### Recovery of sums paid in case of fraud
##### 113
- (1) Where the Commissioner grants an application to a person who for the purposes of the application—
- (a) has made a statement which he knew to be false in a material particular, or
- (b) has recklessly made a statement which was false in a material particular,
he is entitled to recover from that person any sums paid by him to that person, or to any other person, by way of assistance.
- (2) This does not affect the power of the Commissioner to enter into any agreement he thinks fit as to the terms on which assistance is provided.
#### Supplementary provisions
##### 114
- (1) Nothing in this Chapter affects the law and practice regulating the descriptions of persons who may appear in, conduct, defend and address the court in any proceedings.
- (2) The power of the Commissioner to provide assistance to a prospective applicant to the court under section 26, 56 or 81 (under which applications may be made either to the court or to the Certification Officer, and in certain cases to both) does not entitle the Commissioner to provide assistance with the making of an application to the Certification Officer.
- (3) In this Chapter “*applicant*”, in relation to assistance under this Chapter, means the individual on whose application the assistance is provided.
### Chapter IX — Miscellaneous and general provisions
### Further provisions with respect to ballots
#### Payments towards expenditure in connection with secret ballots
##### 115
#### Use of employer’s premises for secret ballot
##### 116
### Exceptions and adaptations for certain bodies
#### Special register bodies
##### 117
- (1) In this section a “*special register body*” means an organisation whose name appeared in the special register maintained under section 84 of the Industrial Relations Act 1971 immediately before 16 September 1974, and which is a company registered under the Companies Act 2006 or is incorporated by charter or letters patent.
- (2) The provisions of this Part apply to special register bodies as to other trade unions, subject to the following exceptions and adaptations.
- (3) In Chapter II (status and property of trade unions)—
- (a) in section 10 (quasi-corporate status of trade unions)—
- (i) subsections (1) and (2) (prohibition on trade union being incorporated) do not apply, and
- (ii) subsection (3) (prohibition on registration under certain Acts) does not apply so far as it relates to registration as a company under the Companies Act 2006;
- (b) section 11 (exclusion of common law rules as to restraint of trade) applies to the purposes or rules of a special register body only so far as they relate to the regulation of relations between employers or employers’ associations and workers;
- (c) sections 12 to 14 (vesting of property in trustees; transfer of securities) do not apply; and
- (d) in section 20 (liability of trade union in certain proceedings in tort) in subsection (7) the reference to the contract between a member and the other members shall be construed as a reference to the contract between a member and the body.
- (4) Sections 33 to 35 (appointment and removal of auditors) do not apply to a special register body which is registered as a company under the Companies Act 2006; and sections 36 and 37 (rights and duties of auditors) apply to the auditors appointed by such a body under Chapter 2 of Part 16 of that Act.
- (5) Sections 45B and 45C (disqualification) and Chapter IV (elections) apply only to—
- (a) the position of voting member of the executive, and
- (b) any position by virtue of which a person is a voting member of the executive.
In this subsection “*voting member of the executive*” has the meaning given by section 46(5).
#### Federated trade unions
##### 118
- (1) In this section a “*federated trade union*” means a trade union which consists wholly or mainly of constituent or affiliated organisations, or representatives or such organisations, as described in paragraph (b) of the definition of “*trade union*” in section 1.
- (2) The provisions of this Part apply to federated trade unions subject to the following exceptions and adaptations.
- (3) For the purposes of section 22 (limit on amount of damages) as it applies to a federated trade union, the members of such of its constituent or affiliated organisations as have their head or main office in Great Britain shall be treated as members of the union.
- (4) The following provisions of Chapter III (trade union administration) do not apply to a federated trade union which consists wholly or mainly of representatives of constituent or affiliated organisations—
- (a) section 27 (duty to supply copy of rules),
- (b) section 28 (duty to keep accounting records),
- (c) sections 32 to 37 (annual return, statement for members, accounts and audit), . . .
- (ca) sections 37A to 37E (investigation of financial affairs), and
- (d) sections 38 to 42 (members’ superannuation schemes).
- (4A) In the case of a federated trade union which, by virtue of subsection (4), is not required to send an annual return to the Certification Officer under section 32, section 24ZA (duty to provide membership audit certificate) applies as if section 32 does apply to the union.
- (5) Sections 29 to 31 (right of member to access to accounting records) do not apply to a federated trade union which has no members other than constituent or affiliated organisations or representatives of such organisations.
- (6) Sections 24 to 26 (register of members’ names and addresses) and Chapter IV (elections for certain trade union positions) do not apply to a federated trade union—
- (a) if it has no individual members other than representatives of constituent or affiliated organisations, or
- (b) if its individual members (other than such representatives) are all merchant seamen and a majority of them are ordinarily resident outside the United Kingdom.
For this purpose “*merchant seaman*” means a person whose employment, or the greater part of it, is carried out on board sea-going ships.
- (7) The provisions of Chapter VI (application of funds for political objects) apply to a trade union which is in whole or part an association or combination of other unions as if the individual members of the component unions were members of that union and not of the component unions.
But nothing in that Chapter prevents a component union from collecting contributions on behalf of the association or combination from such of its members as are contributors to the political fund of the association or combination.
- (8) In the application of section 116A to a federated trade union, subsection (2) of that section shall be omitted.
### Interpretation
#### Expressions relating to trade unions
##### 119
In this Act, in relation to a trade union—
- “*agent*” means a banker or solicitor of, or any person employed as an auditor by, the union or any branch or section of the union;
- “*branch or section*”, except where the context otherwise requires, includes a branch or section which is itself a trade union;
- “*executive*” means the principal committee of the union exercising executive functions, by whatever name it is called;
- “*financial affairs*” means affairs of the union relating to any fund which is applicable for the purposes of the union (including any fund of a branch or section of the union which is so applicable);
- “*general secretary*” means the official of the union who holds the office of general secretary or, where there is no such office, holds an office which is equivalent, or (except in section 14(4)) the nearest equivalent, to that of general secretary;
- “*officer*” includes—any member of the governing body of the union, andany trustee of any fund applicable for the purposes of the union;
- “*official*” means—an officer of the union or of a branch or section of the union, ora person elected or appointed in accordance with the rules of the union to be a representative of its members or of some of them,and includes a person so elected or appointed who is an employee of the same employer as the members or one or more of the members whom he is to represent;
- “*president*” means the official of the union who holds the office of president or, where there is no such office, who holds an office which is equivalent, or (except in section 14(4) or Chapter IV) the nearest equivalent, to that of president; and
- “*rules*”, except where the context otherwise requires, includes the rules of any branch or section of the union.
#### Northern Ireland unions
##### 120
In this Part a “*Northern Ireland union*” means a trade union whose principal office is situated in Northern Ireland.
#### Meaning of “the court”
##### 121
In this Part “*the court*” (except where the reference is expressed to be to the county court or sheriff court) means the High Court or the Court of Session.
## Part II — Employers’ Associations
### Introductory
#### Meaning of “employers' association”
##### 122
- (1) In this Act an “*employers’ association*” means an organisation (whether temporary or permanent)—
- (a) which consists wholly or mainly of employers or individual owners of undertakings of one or more descriptions and whose principal purposes include the regulation of relations between employers of that description or those descriptions and workers or trade unions; or
- (b) which consists wholly or mainly of—
- (i) constituent or affiliated organisations which fulfil the conditions in paragraph (a) (or themselves consist wholly or mainly of constituent or affiliated organisations which fulfil those conditions), or
- (ii) representatives of such constituent or affiliated organisations,
and whose principal purposes include the regulation of relations between employers and workers or between employers and trade unions, or the regulation of relations between its constituent or affiliated organisations.
- (2) References in this Act to employers’ associations include combinations of employers and employers’ associations.
### The list of employers’ associations
#### The list of employers' associations
##### 123
- (1) The Certification Officer shall keep a list of employers’ associations containing the names of—
- (a) the organisations whose names were, immediately before the commencement of this Act, duly entered in the list of employers’ associations kept by him under section 8 of the Trade Union and Labour Relations Act 1974, and
- (b) the names of the organisations entitled to have their names entered in the list in accordance with this Part.
- (2) The Certification Officer shall keep copies of the list of employers’ associations, as for the time being in force, available for public inspection at all reasonable hours free of charge.
- (3) A copy of the list shall be included in his annual report.
- (4) The fact that the name of an organisation is included in the list of employers’ associations is evidence (in Scotland, sufficient evidence) that the organisation is an employers’ association.
- (5) On the application of an organisation whose name is included in the list, the Certification Officer shall issue it with a certificate to that effect.
- (6) A document purporting to be such a certificate is evidence (in Scotland, sufficient evidence) that the name of the organisation is entered in the list.
#### Application to have name entered in the list
##### 124
- (1) An organisation of employers, whenever formed, whose name is not entered in the list of employers’ associations may apply to the Certification Officer to have its name entered in the list.
- (2) The application shall be made in such form and manner as the Certification Officer may require and shall be accompanied by—
- (a) a copy of the rules of the organisation,
- (b) a list of its officers,
- (c) the address of its head or main office, and
- (d) the name under which it is or is to be known,
and by the prescribed fee.
- (3) If the Certification Officer is satisfied—
- (a) that the organisation is an employers’ association,
- (b) that subsection (2) has been complied with, and
- (c) that entry of the name in the list is not prohibited by subsection (4),
he shall enter the name of the organisation in the list of employers’ associations.
- (4) The Certification Officer shall not enter the name of an organisation in the list of employers’ associations if the name is the same as that under which another organisation—
- (a) was on 30th September 1971 registered as a trade union under the Trade Union Acts 1871 to 1964,
- (b) was at any time registered as an employers’ association or trade union under the Industrial Relations Act 1971, or
- (c) is for the time being entered in the list of employers’ associations or in the list of trade unions kept under Chapter I of Part I of this Act,
or if the name is one so nearly resembling any such name as to be likely to deceive the public.
#### Removal of name from the list
##### 125
- (1) If it appears to the Certification Officer, on application made to him or otherwise, that an organisation whose name is entered in the list of employers’ associations is not an employers’ association, he may remove its name from the list.
- (2) He shall not do so without giving the organisation notice of his intention and considering any representations made to him by the organisation within such period (of not less than 28 days beginning with the date of the notice) as may be specified in the notice.
- (3) The Certification Officer shall remove the name of an organisation from the list of employers’ associations if—
- (a) he is requested by the organisation to do so, or
- (b) he is satisfied that the organisation has ceased to exist.
#### Appeal against decision of Certification Officer
##### 126
- (1) An organisation aggrieved by the refusal of the Certification Officer to enter its name in the list of employers’ associations, or by a decision of his to remove its name from the list, may appeal to the Employment Appeal Tribunal on any appealable question.
- (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (3) For the purposes of this section, an appealable question is any question of law arising in the proceedings before, or arising from the decision of, the Certification Officer.
### Status and property of employers’ associations
#### Corporate or quasi-corporate status of employers' associations
##### 127
- (1) An employers’ association may be either a body corporate or an unincorporated association.
- (2) Where an employers’ association is unincorporated—
- (a) it is capable of making contracts;
- (b) it is capable of suing and being sued in its own name, whether in proceedings relating to property or founded on contract or tort or any other cause of action; and
- (c) proceedings for an offence alleged to have been committed by it or on its behalf may be brought against it in its own name.
- (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Exclusion of common law rules as to restraint of trade
##### 128
- (1) The purposes of an unincorporated employers’ association and, so far as they relate to the regulation of relations between employers and workers or trade unions, the purposes of an employers’ association which is a body corporate are not, by reason only that they are in restraint of trade, unlawful so as—
- (a) to make any member of the association liable to criminal proceedings for conspiracy or otherwise, or
- (b) to make any agreement or trust void or voidable.
- (2) No rule of an unincorporated employers’ association or, so far as it relates to the regulation of relations between employers and workers or trade unions, of an employers’ association which is a body corporate, is unlawful or unenforceable by reason only that it is in restraint of trade.
#### Property of unincorporated employers' associations, &c
##### 129
- (1) The following provisions of Chapter II of Part I of this Act apply to an unincorporated employers’ association as in relation to a trade union—
- (a) section 12(1) and (2) (property to be vested in trustees),
- (b) section 13 (vesting of property in new trustees), and
- (c) section 14 (transfer of securities held in trust for trade union).
- (2) In sections 13 and 14 as they apply by virtue of subsection (1) the reference to entry in the list of trade unions shall be construed as a reference to entry in the list of employers’ associations.
- (3) Section 19 (application of certain provisions relating to . . . friendly societies) applies to any employers’ association as in relation to a trade union.
#### Restriction on enforcement of awards against certain property
##### 130
- (1) Where in any proceedings an amount is awarded by way of damages, costs or expenses—
- (a) against an employers’ association,
- (b) against trustees in whom property is vested in trust for an employers’ association, in their capacity as such (and otherwise than in respect of a breach of trust on their part), or
- (c) against members or officials of an employers’ association on behalf of themselves and all of the members of the association,
no part of that amount is recoverable by enforcement against any protected property.
- (2) The following is protected property—
- (a) property belonging to the trustees otherwise than in their capacity as such;
- (b) property belonging to any member of the association otherwise than jointly or in common with the other members;
- (c) property belonging to an official of the association who is neither a member nor a trustee.
### Administration of employers’ associations
#### Administrative provisions applying to employers' associations
##### 131
- (1) The following provisions of Chapter III of Part I of this Act apply to an employers’ association as in relation to a trade union—
- section 27 (duty to supply copy of rules),section 28 (duty to keep accounting records),section 32(1), (2), (3)(a), (b) and (c) and (4) to (6) ... and sections 33 to 37 (annual return, accounts and audit),
- sections 37A to 37E (investigation of financial affairs),
- sections 38 to 42 (members’ superannuation schemes),section 43(1) (exemption for newly-formed organisations),section 44(1),(2) and (4) (discharge of duties in case of organisation having branches or sections), andsections 45 and 45A (offences).
- (2) Sections 33 to 35 (appointment and removal of auditors) do not apply to an employers’ association which is registered as a company under the Companies Act 2006; and sections 36 and 37 (rights and duties of auditors) apply to the auditors appointed by such an association under . . . Chapter 2 of Part 16 of that Act.
### Application of funds for political objects
#### Application of funds for political objects
##### 132
(1) Subject to subsections (2) to (5), theprovisions of Chapter VI of Part I of this Act (application of funds for political objects) apply to an unincorporated employers’ association as in relation to a trade union.
- (2) Subsection (1) does not apply to these provisions—
- (a) section 72A;
- (b) in section 80, subsections (5A) to (5C) and (8) to (10);
- (c) in section 81, subsection (8).
- (3) In its application to an unincorporated employers’ association, section 79 shall have effect as if at the end of subsection (1) there were inserted—
> The making of an application to the Certification Officer does not prevent the applicant, or any other person, from making an application to the court in respect of the same matter.
- (4) In its application to an unincorporated employers’ association, section 80(2)(b) shall have effect as if the words “where he considers it appropriate," were inserted at the beginning.
- (5) In its application to an unincorporated employers’ association, section 81 shall have effect as if after subsection (1) there were inserted—
> (2) If an application in respect of the same matter has been made to the Certification Officer, the court shall have due regard to any declaration, reasons or observations of his which are brought to its notice.
### Amalgamations and similar matters
#### Amalgamations and transfers of engagements
##### 133
- (1) Subject to subsection (2), the provisions of Chapter VII of Part I of this Act (amalgamations and similar matters) apply to unincorporated employers’ associations as in relation to trade unions.
- (2) In its application to such associations that Chapter shall have effect—
- (a) as if in section 99(1) for the words from “that every" to “accompanied by" there were substituted the words “that, not less than seven days before the ballot on the resolution to approve the instrument of amalgamation or transfer is held, every member is supplied with",
- (b) as if the requirements imposed by sections 100A to 100E consisted only of those specified in sections 100B and 100C(1) and (3)(a) together with the requirement that every member must, so far as is reasonably possible, be given a fair opportunity of voting, . . .
- (ba) as if the references in sections 101A and 101B to the list of trade unions were to the list of employers' associations, and
- (c) with the omission of sections 101(3) , 101A(3) and (4), 103(2A) and (6) to (9) and 107.
#### Change of name of employers' association
##### 134
- (1) An unincorporated employers’ association may change its name by any method expressly provided for by its rules or, if its rules do not expressly provide for a method of doing so, by adopting in accordance with its rules an alteration of the provision in them which gives the association its name.
- (2) If the name of an employers’ association, whether incorporated or unincorporated, is entered in the list of employers’ associations a change of name shall not take effect until approved by the Certification Officer.
- (3) The Certification Officer shall not approve a change of name if it appears to him that the proposed new name—
- (a) is the same as one entered in the list as the name of another employers’ association, or
- (b) is the same as one entered in the list of trade unions kept under Part I of this Act,
or is a name so nearly resembling such a name as to be likely to deceive the public.
- (4) A change of name by an unincorporated employers’ association does not affect any right or obligation of the association or any of its members; and any pending legal proceedings may be continued by or against the association, the trustees of the association or any other officer of the association who can sue or be sued on its behalf notwithstanding its change of name.
- (5) The power conferred by section 108 (power to make regulations for carrying provisions into effect) applies in relation to this section as in relation to a provision of Chapter VII of Part I.
### General
#### Federated employers' associations
##### 135
- (1) In this section a “*federated employers’ association*” means a employers’ association which consists wholly or mainly of constituent or affiliated organisations, or representatives or such organisations, as described in paragraph (b) of the definition of “*employers’ association*” in section 122.
- (2) The provisions of Part I applied by this Part to employers’ associations apply to federated employers’ associations subject to the following exceptions and adaptations.
- (3) The following provisions of Chapter III of Part I (administration) do not apply to a federated employers’ association which consists wholly or mainly of representatives of constituent or affiliated organisations—
- (a) section 27 (duty to supply copy of rules),
- (b) section 28 (duty to keep accounting records),
- (c) section 32(1), (2), (3)(a), (b) and (c) and (4) to (6) ... and sections 33 to 37 (annual return, accounts and audit), . . .
- (ca) sections 37A to 37E (investigation of financial affairs), and
- (d) sections 38 to 42 (members’ superannuation schemes).
- (4) The provisions of Chapter VI of Part I (application of funds for political objects) apply to a employers’ association which is in whole or part an association or combination of other associations as if the individual members of the component associations were members of that association and not of the component associations.
But nothing in that Chapter prevents a component association from collecting contributions on behalf of the association or combination from such of its members as are contributors to the political fund of the association or combination.
#### Meaning of “officer” of employers' association
##### 136
In this Act “*officer*”, in relation to an employers’ association, includes—
- (a) any member of the governing body of the association, and
- (b) any trustee of any fund applicable for the purposes of the association.
## Part III — Rights in relation to union membership and activities
### Access to employment
#### Refusal of employment on grounds related to union membership
##### 137
- (1) It is unlawful to refuse a person employment—
- (a) because he is, or is not, a member of a trade union, or
- (b) because he is unwilling to accept a requirement—
- (i) to take steps to become or cease to be, or to remain or not to become, a member of a trade union, or
- (ii) to make payments or suffer deductions in the event of his not being a member of a trade union.
- (2) A person who is thus unlawfully refused employment has a right of complaint to an employment tribunal.
- (3) Where an advertisement is published which indicates, or might reasonably be understood as indicating—
- (a) that employment to which the advertisement relates is open only to a person who is, or is not, a member of a trade union, or
- (b) that any such requirement as is mentioned in subsection (1)(b) will be imposed in relation to employment to which the advertisement relates,
a person who does not satisfy that condition or, as the case may be, is unwilling to accept that requirement, and who seeks and is refused employment to which the advertisement relates, shall be conclusively presumed to have been refused employment for that reason.
- (4) Where there is an arrangement or practice under which employment is offered only to persons put forward or approved by a trade union, and the trade union puts forward or approves only persons who are members of the union, a person who is not a member of the union and who is refused employment in pursuance of the arrangement or practice shall be taken to have been refused employment because he is not a member of the trade union.
- (5) A person shall be taken to be refused employment if he seeks employment of any description with a person and that person—
- (a) refuses or deliberately omits to entertain and process his application or enquiry, or
- (b) causes him to withdraw or cease to pursue his application or enquiry, or
- (c) refuses or deliberately omits to offer him employment of that description, or
- (d) makes him an offer of such employment the terms of which are such as no reasonable employer who wished to fill the post would offer and which is not accepted, or
- (e) makes him an offer of such employment but withdraws it or causes him not to accept it.
- (6) Where a person is offered employment on terms which include a requirement that he is, or is not, a member of a trade union, or any such requirement as is mentioned in subsection (1)(b), and he does not accept the offer because he does not satisfy or, as the case may be, is unwilling to accept that requirement, he shall be treated as having been refused employment for that reason.
- (7) Where a person may not be considered for appointment or election to an office in a trade union unless he is a member of the union, or of a particular branch or section of the union or of one of a number of particular branches or sections of the union, nothing in this section applies to anything done for the purpose of securing compliance with that condition although as holder of the office he would be employed by the union.
For this purpose an “*office*” means any position—
- (a) by virtue of which the holder is an official of the union, or
- (b) to which Chapter IV of Part I applies (duty to hold elections).
- (8) The provisions of this section apply in relation to an employment agency acting, or purporting to act, on behalf of an employer as in relation to an employer.
#### Refusal of service of employment agency on grounds related to union membership
##### 138
- (1) It is unlawful for an employment agency to refuse a person any of its services—
- (a) because he is, or is not, a member of a trade union, or
- (b) because he is unwilling to accept a requirement to take steps to become or cease to be, or to remain or not to become, a member of a trade union.
- (2) A person who is thus unlawfully refused any service of an employment agency has a right of complaint to an employment tribunal.
- (2A) Section 12A of the Employment Tribunals Act 1996 (financial penalties) applies in relation to a complaint under this section as it applies in relation to a claim involving an employer and a worker (reading references to an employer as references to the employment agency and references to a worker as references to the complainant).
- (3) Where an advertisement is published which indicates, or might reasonably be understood as indicating—
- (a) that any service of an employment agency is available only to a person who is, or is not, a member of a trade union, or
- (b) that any such requirement as is mentioned in subsection (1)(b) will be imposed in relation to a service to which the advertisement relates,
a person who does not satisfy that condition or, as the case may be, is unwilling to accept that requirement, and who seeks to avail himself of and is refused that service, shall be conclusively presumed to have been refused it for that reason.
- (4) A person shall be taken to be refused a service if he seeks to avail himself of it and the agency—
- (a) refuses or deliberately omits to make the service available to him, or
- (b) causes him not to avail himself of the service or to cease to avail himself of it, or
- (c) does not provide the same service, on the same terms, as is provided to others.
- (5) Where a person is offered a service on terms which include a requirement that he is, or is not, a member of a trade union, or any such requirement as is mentioned in subsection (1)(b), and he does not accept the offer because he does not satisfy or, as the case may be, is unwilling to accept that requirement, he shall be treated as having been refused the service for that reason.
#### Time limit for proceedings
##### 139
- (1) An employment tribunal shall not consider a complaint under section 137 or 138 unless it is presented to the tribunal—
- (a) before the end of the period of three months beginning with the date of the conduct to which the complaint relates, 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 the tribunal considers reasonable.
- (2) The date of the conduct to which a complaint under section 137 relates shall be taken to be—
- (a) in the case of an actual refusal, the date of the refusal;
- (b) in the case of a deliberate omission—
- (i) to entertain and process the complainant’s application or enquiry, or
- (ii) to offer employment,
the end of the period within which it was reasonable to expect the employer to act;
- (c) in the case of conduct causing the complainant to withdraw or cease to pursue his application or enquiry, the date of that conduct;
- (d) in a case where an offer was made but withdrawn, the date when it was withdrawn;
- (e) in any other case where an offer was made but not accepted, the date on which it was made.
- (3) The date of the conduct to which a complaint under section 138 relates shall be taken to be—
- (a) in the case of an actual refusal, the date of the refusal;
- (b) in the case of a deliberate omission to make a service available, the end of the period within which it was reasonable to expect the employment agency to act;
- (c) in the case of conduct causing the complainant not to avail himself of a service or to cease to avail himself of it, the date of that conduct;
- (d) in the case of failure to provide the same service, on the same terms, as is provided to others, the date or last date on which the service in fact provided was provided.
- (4) Section 292A (extension of time limits to facilitate conciliation before institution of proceedings) applies for the purposes of subsection (1)(a).
#### Remedies
##### 140
- (1) Where the employment tribunal finds that a complaint under section 137 or 138 is well-founded, it shall make a declaration to that effect and may make such of the following as it considers just and equitable—
- (a) an order requiring the respondent to pay compensation to the complainant of such amount as the tribunal may determine;
- (b) a recommendation that the respondent take within a specified period action appearing to the tribunal to be practicable for the purpose of obviating or reducing the adverse effect on the complainant of any conduct to which the complaint relates.
- (2) Compensation shall be assessed on the same basis as damages for breach of statutory duty and may include compensation for injury to feelings.
- (3) If the respondent fails without reasonable justification to comply with a recommendation to take action, the tribunal may increase its award of compensation or, if it has not made such an award, make one.
- (4) The total amount of compensation shall not exceed the limit for the time being imposed by section 124(1) of the Employment Rights Act 1996 (limit on compensation for unfair dismissal).
#### Complaint against employer and employment agency
##### 141
- (1) Where a person has a right of complaint against a prospective employer and against an employment agency arising out of the same facts, he may present a complaint against either of them or against them jointly.
- (2) If a complaint is brought against one only, he or the complainant may request the tribunal to join or sist the other as a party to the proceedings.
The request shall be granted if it is made before the hearing of the complaint begins, but may be refused if it is made after that time; and no such request may be made after the tribunal has made its decision as to whether the complaint is well-founded.
- (3) Where a complaint is brought against an employer and an employment agency jointly, or where it is brought against one and the other is joined or sisted as a party to the proceedings, and the tribunal—
- (a) finds that the complaint is well-founded as against the employer and the agency, and
- (b) makes an award of compensation,
it may order that the compensation shall be paid by the one or the other, or partly by one and partly by the other, as the tribunal may consider just and equitable in the circumstances.
#### Awards against third parties
##### 142
- (1) If in proceedings on a complaint under section 137 or 138 either the complainant or the respondent claims that the respondent was induced to act in the manner complained of by pressure which a trade union or other person exercised on him by calling, organising, procuring or financing a strike or other industrial action, or by threatening to do so, the complainant or the respondent may request the employment tribunal to direct that the person who he claims exercised the pressure be joined or sisted as a party to the proceedings.
- (2) The request shall be granted if it is made before the hearing of the complaint begins, but may be refused if it is made after that time; and no such request may be made after the tribunal has made its decision as to whether the complaint is well-founded.
- (3) Where a person has been so joined or sisted as a party to the proceedings and the tribunal—
- (a) finds that the complaint is well-founded,
- (b) makes an award of compensation, and
- (c) also finds that the claim in subsection (1) above is well-founded,
it may order that the compensation shall be paid by the person joined instead of by the respondent, or partly by that person and partly by the respondent, as the tribunal may consider just and equitable in the circumstances.
- (4) Where by virtue of section 141 (complaint against employer and employment agency) there is more than one respondent, the above provisions apply to either or both of them.
#### Interpretation and other supplementary provisions
##### 143
- (1) In sections 137 to 143—
- “*advertisement*” includes every form of advertisement or notice, whether to the public or not, and references to publishing an advertisement shall be construed accordingly;
- “*employment*” means employment under a contract of employment, and related expressions shall be construed accordingly; and
- “*employment agency*” means a person who, for profit or not, provides services for the purpose of finding employment for workers or supplying employers with workers, but subject to subsection (2) below.
- (2) For the purposes of sections 137 to 143 as they apply to employment agencies—
- (a) services other than those mentioned in the definition of “employment agency" above shall be disregarded, and
- (b) a trade union shall not be regarded as an employment agency by reason of services provided by it only for, or in relation to, its members.
- (3) References in sections 137 to 143 to being or not being a member of a trade union are to being or not being a member of any trade union, of a particular trade union or of one of a number of particular trade unions.
Any such reference includes a reference to being or not being a member of a particular branch or section of a trade union or of one of a number of particular branches or sections of a trade union.
- (4) The remedy of a person for conduct which is unlawful by virtue of section 137 or 138 is by way of a complaint to an employment tribunal in accordance with this Part, and not otherwise.
No other legal liability arises by reason that conduct is unlawful by virtue of either of those sections.
### Contracts for supply of goods or services
#### Union membership requirement in contract for goods or services void
##### 144
A term or condition of a contract for the supply of goods or services is void in so far as it purports to require that the whole, or some part, of the work done for the purposes of the contract is done only by persons who are, or are not, members of trade unions or of a particular trade union.
#### Refusal to deal on union membership grounds prohibited
##### 145
- (1) A person shall not refuse to deal with a supplier or prospective supplier of goods or services on union membership grounds.“*Refuse to deal*” and “*union membership grounds*” shall be construed as follows.
- (2) A person refuses to deal with a person if, where he maintains (in whatever form) a list of approved suppliers of goods or services, or of persons from whom tenders for the supply of goods or services may be invited, he fails to include the name of that person in that list.
He does so on union membership grounds if the ground, or one of the grounds, for failing to include his name is that if that person were to enter into a contract with him for the supply of goods or services, work to be done for the purposes of the contract would, or would be likely to, be done by persons who were, or who were not, members of trade unions or of a particular trade union.
- (3) A person refuses to deal with a person if, in relation to a proposed contract for the supply of goods or services—
- (a) he excludes that person from the group of persons from whom tenders for the supply of the goods or services are invited, or
- (b) he fails to permit that person to submit such a tender, or
- (c) he otherwise determines not to enter into a contract with that person for the supply of the goods or services.
He does so on union membership grounds if the ground, or one of the grounds, on which he does so is that if the proposed contract were entered into with that person, work to be done for the purposes of the contract would, or would be likely to, be done by persons who were, or who were not, members of trade unions or of a particular trade union.
- (4) A person refuses to deal with a person if he terminates a contract with him for the supply of goods or services.
He does so on union membership grounds if the ground, or one of the grounds, on which he does so is that work done, or to be done, for the purposes of the contract has been, or is likely to be, done by persons who are or are not members of trade unions or of a particular trade union.
- (5) The obligation to comply with this section is a duty owed to the person with whom there is a refusal to deal and to any other person who may be adversely affected by its contravention; and a breach of the duty is actionable accordingly (subject to the defences and other incidents applying to actions for breach of statutory duty.
### Detriment
#### Action short of dismissal on grounds related to union membership or activities
##### 146
- (1) A worker has the right not to be subjected to any detriment as an individual by any act, or any deliberate failure to act, by his employer if the act or failure takes place for the sole or main purpose of—
- (a) preventing or deterring him from being or seeking to become a member of an independent trade union, or penalising him for doing so,
- (b) preventing or deterring him from taking part in the activities of an independent trade union at an appropriate time, or penalising him for doing so, . . .
- (ba) preventing or deterring him from making use of trade union services at an appropriate time, or penalising him for doing so, or
- (c) compelling him to be or become a member of any trade union or of a particular trade union or of one of a number of particular trade unions.
- (2) In subsection (1)“*an appropriate time*” means—
- (a) a time outside the worker's working hours, or
- (b) a time within his working hours at which, in accordance with arrangements agreed with or consent given by his employer, it is permissible for him to take part in the activities of a trade union or (as the case may be) make use of trade union services;
and for this purpose “*working hours*”, in relation to a worker, means any time when, in accordance with his contract of employment (or other contract personally to do work or perform services), he is required to be at work.
- (2A) In this section—
- (a) “*trade union services*” means services made available to the worker by an independent trade union by virtue of his membership of the union, and
- (b) references to a worker’s “making use” of trade union services include his consenting to the raising of a matter on his behalf by an independent trade union of which he is a member.
- (2B) If an independent trade union of which a worker is a member raises a matter on his behalf (with or without his consent), penalising the worker for that is to be treated as penalising him as mentioned in subsection (1)(ba).
- (2C) A worker also has the right not to be subjected to any detriment as an individual by any act, or any deliberate failure to act, by his employer if the act or failure takes place because of the worker’s failure to accept an offer made in contravention of section 145A or 145B.
- (2D) For the purposes of subsection (2C), not conferring a benefit that, if the offer had been accepted by the worker, would have been conferred on him under the resulting agreement shall be taken to be subjecting him to a detriment as an individual (and to be a deliberate failure to act).
- (3) A worker also has the right not to be subjected to any detriment as an individual by any act, or any deliberate failure to act, by his employer if the act or failure takes place for the sole or main purpose of enforcing a requirement (whether or not imposed by a contract of employment or in writing) that, in the event of his not being a member of any trade union or of a particular trade union or of one of a number of particular trade unions, he must make one or more payments.
- (4) For the purposes of subsection (3) any deduction made by an employer from the remuneration payable to a worker in respect of his employment shall, if it is attributable to his not being a member of any trade union or of a particular trade union or of one of a number of particular trade unions, be treated as a detriment to which he has been subjected as an individual by an act of his employer taking place for the sole or main purpose of enforcing a requirement of a kind mentioned in that subsection.
- (5) A worker or former worker may present a complaint to an industrial tribunal on the ground that he has been subjected to a detrimentby his employer in contravention of this section.
- (5A) This section does not apply where—
- (a) the worker is an employee; and
- (b) the detriment in question amounts to dismissal.
#### Time limit for proceedings
##### 147
(1)An employment tribunal shall not consider a complaint under section 146 unless it is presented—
- (a) before the end of the period of three 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 shall 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 shall be taken to decide on a failure to act—
- (a) when he does an act inconsistent with doing the failed act, or
- (b) if he has done no such inconsistent act, when the period expires within which he 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).
#### Consideration of complaint
##### 148
- (1) On a complaint under section 146 it shall be for the employer to show what was the sole or main purpose for which he acted or failed to act
- (2) In determining any question whether the employer acted or failed to act, or the purpose for which he did so, no account shall be taken of any pressure which was exercised on him by calling, organising, procuring or financing a strike or other industrial action, or by threatening to do so; and that question shall be determined as if no such pressure had been exercised.
- (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Remedies
##### 149
- (1) Where the employment tribunal finds that a complaint under section 146 is well-founded, it shall make a declaration to that effect and 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 shall be such as 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 which infringed his right.
- (3) The loss shall be taken to include—
- (a) any expenses reasonably incurred by the complainant in consequence of the act or failurecomplained of, and
- (b) loss of any benefit which he might reasonably be expected to have had but for that act or failure.
- (4) In ascertaining the loss, the tribunal shall apply the same rule concerning the duty of a person to mitigate his loss as applies to damages recoverable under the common law of England and Wales or Scotland.
- (5) In determining the amount of compensation to be awarded no account shall be taken of any pressure which was exercised on the employer by calling, organising, procuring or financing a strike or other industrial action, or by threatening to do so; and that question shall be determined as if no such pressure had been exercised.
- (6) 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 shall reduce the amount of the compensation by such proportion as it considers just and equitable having regard to that finding.
#### Awards against third parties
##### 150
- (1) If in proceedings on a complaint under section 146—
- (a) the complaint is made on the ground that the complainant has been subjected to detriment by an act or failure by his employer taking place for the sole or main purpose of compelling him to be or become a member of any trade union or of a particular trade union or of one of a number of particular trade unions, and
- (b) either the complainant or the employer claims in proceedings before the tribunal that the employer was induced to act or fail to act in the waycomplained of by pressure which a trade union or other person exercised on him by calling, organising, procuring or financing a strike or other industrial action, or by threatening to do so,
the complainant or the employer may request the tribunal to direct that the person who he claims exercised the pressure be joined or sisted as a party to the proceedings.
- (2) The request shall be granted if it is made before the hearing of the complaint begins, but may be refused if it is made after that time; and no such request may be made after the tribunal has made a declaration that the complaint is well-founded.
- (3) Where a person has been so joined or sisted as a party to proceedings and the tribunal—
- (a) makes an award of compensation, and
- (b) finds that the claim mentioned in subsection (1)(b) is well-founded,
it may order that the compensation shall be paid by the person joined instead of by the employer, or partly by that person and partly by the employer, as the tribunal may consider just and equitable in the circumstances.
#### Interpretation and other supplementary provisions
##### 151
- (1) References in sections 146 to 150 to being, becoming or ceasing to remain a member of a trade union include references to being, becoming or ceasing to remain a member of a particular branch or section of that union and to being, becoming or ceasing to remain a member of one of a number of particular branches or sections of that union . . . .
- (1A) References in those sections—
- (a) to taking part in the activities of a trade union, and
- (b) to services made available by a trade union by virtue of membership of the union,
shall be construed in accordance with subsection (1).
- (1B) In sections 146 to 150—
- “*worker*” means an individual who works, or normally works, as mentioned in paragraphs (a) to (c) of section 296(1), and
- “*employer*” means—in relation to a worker, the person for whom he works;in relation to a former worker, the person for whom he worked.
- (2) The remedy of a person for infringement of the right conferred on him by section 146 is by way of a complaint to an employment tribunal in accordance with this Part, and not otherwise.
### Dismissal of employee
#### Dismissal on grounds related to union membership or activities
##### 152
- (1) For purposes of Part X of the Employment Rights Act 1996 (unfair dismissal) the dismissal of an employee shall be regarded as unfair if the reason for it (or, if more than one, the principal reason) was that the employee—
- (a) was, or proposed to become, a member of an independent trade union, . . .
- (b) had taken part, or proposed to take part, in the activities of an independent trade union at an appropriate time, . . .
- (ba) had made use, or proposed to make use, of trade union services at an appropriate time,
- (bb) had failed to accept an offer made in contravention of section 145A or 145B, or
- (c) was not a member of any trade union, or of a particular trade union, or of one of a number of particular trade unions, or had refused, or proposed to refuse, to become or remain a member.
- (2) In subsection (1)“*an appropriate time*” means—
- (a) a time outside the employee’s working hours, or
- (b) a time within his working hours at which, in accordance with arrangements agreed with or consent given by his employer, it is permissible for him to take part in the activities of a trade union or (as the case may be) make use of trade union services;
and for this purpose “*working hours*”, in relation to an employee, means any time when, in accordance with his contract of employment, he is required to be at work.
- (2A) In this section—
- (a) “*trade union services*” means services made available to the employee by an independent trade union by virtue of his membership of the union, and
- (b) references to an employee’s “making use” of trade union services include his consenting to the raising of a matter on his behalf by an independent trade union of which he is a member.
- (2B) Where the reason or one of the reasons for the dismissal was that an independent trade union (with or without the employee’s consent) raised a matter on behalf of the employee as one of its members, the reason shall be treated as falling within subsection (1)(ba).
- (3) Where the reason, or one of the reasons, for the dismissal was—
- (a) the employee’s refusal, or proposed refusal, to comply with a requirement (whether or not imposed by his contract of employment or in writing) that, in the event of his not being a member of any trade union, or of a particular trade union, or of one of a number of particular trade unions, he must make one or more payments, or
- (b) his objection, or proposed objection, (however expressed) to the operation of a provision (whether or not forming part of his contract of employment or in writing) under which, in the event mentioned in paragraph (a), his employer is entitled to deduct one or more sums from the remuneration payable to him in respect of his employment,
the reason shall be treated as falling within subsection (1)(c).
- (4) References in this section to being, becoming or ceasing to remain a member of a trade union include references to being, becoming or ceasing to remain a member of a particular branch or section of that union or of one of a number of particular branches or sections of that trade union . . . .
- (5) References in this section—
- (a) to taking part in the activities of a trade union, and
- (b) to services made available by a trade union by virtue of membership of the union,
shall be construed in accordance with subsection (4).
#### Selection for redundancy on grounds related to union membership or activities
##### 153
Where the reason or principal reason for the dismissal of an employee was that he was redundant, but it is shown—
- (a) that the circumstances constituting the redundancy applied equally to one or more other employees in the same undertaking who held positions similar to that held by him and who have not been dismissed by the employer, and
- (b) that the reason (or, if more than one, the principal reason) why he was selected for dismissal was one of those specified in section 152(1),
the dismissal shall be regarded as unfair for the purposes of Part X of the Employment Rights Act 1996 (unfair dismissal).
#### Exclusion of requirement as to qualifying period, &c
##### 154
Sections 108(1) and 109(1) of the Employment Rights Act 1996 (qualifying period and upper age limit for unfair dismissal protection) do not apply to a dismissal which by virtue of section 152 or 153 is regarded as unfair for the purposes of Part 10 of that Act.
#### Matters to be disregarded in assessing contributory fault
##### 155
- (1) Where an employment tribunal makes an award of compensation for unfair dismissal in a case where the dismissal is unfair by virtue of section 152 or 153, the tribunal shall disregard, in considering whether it would be just and equitable to reduce, or further reduce, the amount of any part of the award, any such conduct or action of the complainant as is specified below.
- (2) Conduct or action of the complainant shall be disregarded in so far as it constitutes a breach or proposed breach of a requirement—
- (a) to be or become a member of any trade union or of a particular trade union or of one of a number of particular trade unions,
- (b) to cease to be, or refrain from becoming, a member of any trade union or of a particular trade union or of one of a number of particular trade unions,. . .
- (c) not to take part in the activities of any trade union or of a particular trade union or of one of a number of particular trade unions , or
- (d) not to make use of services made available by any trade union or by a particular trade union or by one of a number of particular trade unions.
For the purposes of this subsection a requirement means a requirement imposed on the complainant by or under an arrangement or contract of employment or other agreement.
- (2A) Conduct or action of the complainant shall be disregarded in so far as it constitutes acceptance of or failure to accept an offer made in contravention of section 145A or 145B.
- (3) Conduct or action of the complainant shall be disregarded in so far as it constitutes a refusal, or proposed refusal, to comply with a requirement of a kind mentioned in section 152(3)(a) (payments in lieu of membership) or an objection, or proposed, objection, (however expressed) to the operation of a provision of a kind mentioned in section 152(3)(b) (deductions in lieu of membership).
#### Minimum basic award
##### 156
- (1) Where a dismissal is unfair by virtue of section 152(1) or 153, the amount of the basic award of compensation, before any reduction is made under section 122 of the Employment Rights Act 1996, shall be not less than £8,763.
- (2) But where the dismissal is unfair by virtue of section 153, subsection (2) of that section (reduction for contributory fault) applies in relation to so much of the basic award as is payable because of subsection (1) above.
#### Special award of compensation
##### 157
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Amount of special award
##### 158
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Power to increase sums by order
##### 159
- (1) . . .
- (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (2) Accordingly, where provision is made in accordance with subsection (1)(a), the Certification Officer shall not on that ground withhold his approval of the rules...
- (3) An “*overseas member*” means a member of the trade union (other than a merchant seaman or offshore worker) who is outside Great Britain throughout the period during which votes may be cast.
- (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Awards against third parties
##### 160
- (1) If in proceedings before an employment tribunal on a complaint of unfair dismissal either the employer or the complainant claims—
- (a) that the employer was induced to dismiss the complainant by pressure which a trade union or other person exercised on the employer by calling, organising, procuring or financing a strike or other industrial action, or by threatening to do so, and
- (b) that the pressure was exercised because the complainant was not a member of any trade union or of a particular trade union or of one of a number of particular trade unions,
the employer or the complainant may request the tribunal to direct that the person who he claims exercised the pressure be joined or sisted as a party to the proceedings.
- (2) The request shall be granted if it is made before the hearing of the complaint begins, but may be refused after that time; and no such request may be made after the tribunal has made an award of compensation for unfair dismissal or an order for reinstatement or re-engagement.
- (3) Where a person has been so joined or sisted as a party to the proceedings and the tribunal—
- (a) makes an award of compensation for unfair dismissal, and
- (b) finds that the claim mentioned in subsection (1) is well-founded,
the tribunal may order that the compensation shall be paid by that person instead of the employer, or partly by that person and partly by the employer, as the tribunal may consider just and equitable.
#### Application for interim relief
##### 161
- (1) An employee who presents a complaint of unfair dismissal alleging that the dismissal is unfair by virtue of section 152 may apply to the tribunal for interim relief.
- (2) The tribunal shall not entertain an application for interim relief unless it is presented to the tribunal before the end of the period of seven days immediately following the effective date of termination (whether before, on or after that date).
- (3) In a case where the employee relies on 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), the tribunal shall not entertain an application for interim relief unless before the end of that period there is also so presented a certificate in writing signed by an authorised official of the independent trade union of which the employee was or proposed to become a member stating—
- (a) that on the date of the dismissal the employee was or proposed to become a member of the union, and
- (b) that there appear to be reasonable grounds for supposing that the reason for his dismissal (or, if more than one, the principal reason) was one alleged in the complaint.
- (4) An “*authorised official*” means an official of the trade union authorised by it to act for the purposes of this section.
- (5) A document purporting to be an authorisation of an official by a trade union to act for the purposes of this section and to be signed on behalf of the union shall be taken to be such an authorisation unless the contrary is proved; and a document purporting to be a certificate signed by such an official shall be taken to be signed by him unless the contrary is proved.
- (6) For the purposes of subsection (3) the date of dismissal shall be taken to be—
- (a) where the employee’s contract of employment was terminated by notice (whether given by his employer or by him), the date on which the employer’s notice was given, and
- (b) in any other case, the effective date of termination.
#### Application to be promptly determined
##### 162
- (1) An employment tribunal shall determine an application for interim relief as soon as practicable after receiving the application and, where appropriate, the requisite certificate.
- (2) The tribunal shall give to the employer, not later than seven days before the hearing, a copy of the application and of any certificate, together with notice of the date, time and place of the hearing.
- (3) If a request under section 160 (awards against third parties) is made three days or more before the date of the hearing, the tribunal shall also give to the person to whom the request relates, as soon as reasonably practicable, a copy of the application and of any certificate, together with notice of the date, time and place of the hearing.
- (4) The tribunal shall not exercise any power it has of postponing the hearing of an application for interim relief except where it is satisfied that special circumstances exist which justify it in doing so.
#### Procedure on hearing of application and making of order
##### 163
- (1) If on hearing an application for interim relief it appears to the tribunal that it is likely that on determining the complaint to which the application relates that it will find that, by virtue of section 152, the complainant has been unfairly dismissed, the following provisions apply.
- (2) The tribunal shall announce its findings and explain to both parties (if present) what powers the tribunal may exercise on the application and in what circumstances it will exercise them, and shall ask the employer (if present) whether he is willing, pending the determination or settlement of the complaint—
- (a) to reinstate the employee, that is to say, to treat him in all respects as if he had not been dismissed, or
- (b) if not, to re-engage him in another job on terms and conditions not less favourable than those which would have been applicable to him if he had not been dismissed.
- (3) For this purpose “*terms and conditions not less favourable than those which would have been applicable to him if he had not been dismissed*” means as regards seniority, pension rights and other similar rights that the period prior to the dismissal shall be regarded as continuous with his employment following the dismissal.
- (4) If the employer states that he is willing to reinstate the employee, the tribunal shall make an order to that effect.
- (5) If the employer states that he is willing to re-engage the employee in another job, and specifies the terms and conditions on which he is willing to do so, the tribunal shall ask the employee whether he is willing to accept the job on those terms and conditions; and—
- (a) if the employee is willing to accept the job on those terms and conditions, the tribunal shall make an order to that effect, and
- (b) if he is not, then, if the tribunal is of the opinion that the refusal is reasonable, the tribunal shall make an order for the continuation of his contract of employment, and otherwise the tribunal shall make no order.
- (6) If on the hearing of an application for interim relief the employer fails to attend before the tribunal, or states that he is unwilling either to reinstate the employee or re-engage him as mentioned in subsection (2), the tribunal shall make an order for the continuation of the employee’s contract of employment.
#### Order for continuation of contract of employment
##### 164
- (1) An order under section 163 for the continuation of a contract of employment is an order that the contract of employment continue in force—
- (a) for the purposes of pay or any other benefit derived from the employment, seniority, pension rights and other similar matters, and
- (b) for the purpose of determining for any purpose the period for which the employee has been continuously employed,
from the date of its termination (whether before or after the making of the order) until the determination or settlement of the complaint.
- (2) Where the tribunal makes such an order it shall specify in the order the amount which is to be paid by the employer to the employee by way of pay in respect of each normal pay period, or part of any such period, falling between the date of dismissal and the determination or settlement of the complaint.
- (3) Subject as follows, the amount so specified shall be that which the employee could reasonably have been expected to earn during that period, or part, and shall be paid—
- (a) in the case of payment for any such period falling wholly or partly after the making of the order, on the normal pay day for that period, and
- (b) in the case of a payment for any past period, within such time as may be specified in the order.
- (4) If an amount is payable in respect only of part of a normal pay period, the amount shall be calculated by reference to the whole period and reduced proportionately.
- (5) Any payment made to an employee by an employer under his contract of employment, or by way of damages for breach of that contract, in respect of a normal pay period or part of any such period shall go towards discharging the employer’s liability in respect of that period under subsection (2); and conversely any payment under that subsection in respect of a period shall go towards discharging any liability of the employer under, or in respect of the breach of, the contract of employment in respect of that period.
- (6) If an employee, on or after being dismissed by his employer, receives a lump sum which, or part of which, is in lieu of wages but is not referable to any normal pay period, the tribunal shall take the payment into account in determining the amount of pay to be payable in pursuance of any such order.
- (7) For the purposes of this section the amount which an employee could reasonably have been expected to earn, his normal pay period and the normal pay day for each such period shall be determined as if he had not been dismissed.
#### Application for variation or revocation of order
##### 165
- (1) At any time between the making of an order under section 163 and the determination or settlement of the complaint, the employer or the employee may apply to an employment tribunal for the revocation or variation of the order on the ground of a relevant change of circumstances since the making of the order.
- (2) Sections 161 to 163 apply in relation to such an application as in relation to an original application for interim relief, except that—
- (a) no certificate need be presented to the tribunal under section 161(3), and
- (b) in the case of an application by the employer, section 162(2) (service of copy of application and notice of hearing) has effect with the substitution of a reference to the employee for the reference to the employer.
#### Consequences of failure to comply with order
##### 166
- (1) If on the application of an employee an employment tribunal is satisfied that the employer has not complied with the terms of an order for the reinstatement or re-engagement of the employee under section 163(4) or (5), the tribunal shall—
- (a) make an order for the continuation of the employee’s contract of employment, and
- (b) order the employer to pay the employee such compensation as the tribunal considers just and equitable in all the circumstances having regard—
- (i) to the infringement of the employee’s right to be reinstated or re-engaged in pursuance of the order, and
- (ii) to any loss suffered by the employee in consequence of the non-compliance.
- (2) Section 164 applies to an order under subsection (1)(a) as in relation to an order under section 163.
- (3) If on the application of an employee an employment tribunal is satisfied that the employer has not complied with the terms of an order for the continuation of a contract of employment, the following provisions apply.
- (4) If the non-compliance consists of a failure to pay an amount by way of pay specified in the order, the tribunal shall determine the amount owed by the employer on the date of the determination.
If on that date the tribunal also determines the employee’s complaint that he has been unfairly dismissed, it shall specify that amount separately from any other sum awarded to the employee.
- (5) In any other case, the tribunal shall order the employer to pay the employee such compensation as the tribunal considers just and equitable in all the circumstances having regard to any loss suffered by the employee in consequence of the non-compliance.
#### Interpretation and other supplementary provisions
##### 167
- (1) Part X of the Employment Rights Act 1996 (unfair dismissal) has effect subject to the provisions of sections 152 to 166 above.
- (2) Those sections shall be construed as one with that Part; and in those sections—
- “*complaint of unfair dismissal*” means a complaint under section 111 of the Employment Rights Act 1996;
- “*award of compensation for unfair dismissal*” means an award of compensation for unfair dismissal under section 112(4) or 117(3)(a) of that Act; and
- “*order for reinstatement or re-engagement*” means an order for reinstatement or re-engagement under section 113 of that Act.
- (3) Nothing in those sections shall be construed as conferring a right to complain of unfair dismissal from employment of a description to which that Part does not otherwise apply.
### Time off for trade union duties and activities
#### Time off for carrying out trade union duties
##### 168
- (1) An employer shall permit an employee of his who is an official of an independent trade union recognised by the employer to take time off during his working hours for the purpose of carrying out any duties of his, as such an official, concerned with—
- (a) negotiations with the employer related to or connected with matters falling within section 178(2) (collective bargaining) in relation to which the trade union is recognised by the employer, or
- (b) the performance on behalf of employees of the employer of functions related to or connected with matters falling within that provision which the employer has agreed may be so performed by the trade union, or
- (c) receipt of information from the employer and consultation by the employer under section 188 (redundancies) or under the Transfer of Undertakings (Protection of Employment) Regulations 2006, or
- (d) negotiations with a view to entering into an agreement under regulation 9 of the Transfer of Undertakings (Protection of Employment) Regulations 2006 that applies to employees of the employer, or
- (e) the performance on behalf of employees of the employer of functions related to or connected with the making of an agreement under that regulation.
- (2) He shall also permit such an employee to take time off during his working hours for the purpose of undergoing training in aspects of industrial relations—
- (a) relevant to the carrying out of such duties as are mentioned in subsection (1), and
- (b) approved by the Trades Union Congress or by the independent trade union of which he is an official.
- (3) 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 provisions of a Code of Practice issued by ACAS.
- (3A) 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 for carrying out the duties or undergoing the training 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.
- (4) An employee may present a complaint to an employment tribunal that his employer has failed to permit him to take time off as required by this section.
- (4) 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.
- (5) On a complaint under subsection (4)(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.
#### Payment for time off under section 168
##### 169
- (1) An employer who permits an employee to take time off under section 168 , 168A or 168B shall pay him for the time taken off pursuant to the permission.
- (2) Where the employee’s remuneration for the work he would ordinarily have been doing during that time does not vary with the amount of work done, he shall be paid as if he had worked at that work for the whole of that time.
- (3) Where the employee’s remuneration for the work he would ordinarily have been doing during that time varies with the amount of work done, he shall be paid an amount calculated by reference to the average hourly earnings for that work.
The average hourly earnings shall be those of the employee concerned or, if no fair estimate can be made of those earnings, the average hourly earnings for work of that description of persons in comparable employment with the same employer or, if there are no such persons, a figure of average hourly earnings which is reasonable in the circumstances.
- (4) A right to be paid an amount under this section does not affect any right of an employee in relation to remuneration under his contract of employment, but—
- (a) any contractual remuneration paid to an employee in respect of a period of time off to which this section applies shall go towards discharging any liability of the employer under this section in respect of that period, and
- (b) any payment under this section in respect of a period shall go towards discharging any liability of the employer to pay contractual remuneration in respect of that period.
- (5) An employee may present a complaint to an employment tribunal that his employer has failed to pay him in accordance with this section.
#### Time off for trade union activities
##### 170
- (1) An employer shall permit an employee of his who is a member of an independent trade union recognised by the employer in respect of that description of employee to take time off during his working hours for the purpose of taking part in—
- (a) any activities of the union, and
- (b) any activities in relation to which the employee is acting as a representative of the union.
- (2) The right conferred by subsection (1) does not extend to activities which themselves consist of industrial action, whether or not in contemplation or furtherance of a trade dispute.
- (2A) The right conferred by subsection (1) does not extend to time off for the purpose of acting as, or having access to services provided by, a learning representative or an equality representative of a trade union.
- (2B) An employer shall permit an employee of his who is a member of an independent trade union recognised by the employer in respect of that description of employee to take time off during his working hours for the purpose of having access to services provided by a person in his capacity as a learning representative or an equality representative of the trade union.
- (2C) Subsection (2B) only applies —
- (a) in relation to a learning representative, if the learning representative would be entitled to time off under subsection (1) of section 168A for the purpose of carrying on in relation to the employee activities of the kind mentioned in subsection (2) of that section.
- (b) in relation to an equality representative, if the equality representative would be entitled to time off under subsection (1) of section 168B for the purpose of carrying on in relation to the employee activities of the kind mentioned in subsection (2) of that section.
- (3) 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 provisions of a Code of Practice issued by ACAS.
- (4) An employee may present a complaint to an employment tribunal that his employer has failed to permit him to take time off as required by this section.
- (5) For the purposes of this section—
- (a) a person is a learning representative or an equality representative of a trade union if he is appointed or elected as such in accordance with its rules, and
- (b) a person who is a learning representative of a trade union acts as such if he carries on the activities mentioned in section 168A(2) in that capacity , and
- (c) a person who is an equality representative of a trade union acts as such if the person carries on the activities mentioned in section 168B(2) in that capacity.
#### Time limit for proceedings
##### 171
- (1) An employment tribunal shall not consider a complaint under section 168, 168A, 168B, 169 or 170 unless it is presented to the tribunal—
- (a) within three months of the date when the failure occurred, or
- (b) where the tribunal is satisfied that it was not reasonably practicable for the complaint to be presented within that period, within such further period as the tribunal considers reasonable.
- (2) Section 292A (extension of time limits to facilitate conciliation before institution of proceedings) applies for the purposes of subsection (1)(a).
#### Remedies
##### 172
- (1) Where the tribunal finds a complaint under section 168 , 168A , 168B or 170 is well-founded, it shall make a declaration to that effect and may make an award of compensation to be paid by the employer to the employee.
- (2) The amount of the compensation shall be such as the tribunal considers just and equitable in all the circumstances having regard to the employer’s default in failing to permit time off to be taken by the employee and to any loss sustained by the employee which is attributable to the matters complained of.
- (3) Where on a complaint under section 169 the tribunal finds that the employer has failed to pay the employee in accordance with that section, it shall order him to pay the amount which it finds to be due.
#### Intepretation and other supplementary provisions
##### 173
- (1) For the purposes of sections 168 , 168A , 168B and 170 the working hours of an employee shall be taken to be any time when in accordance with his contract of employment he is required to be at work.
- (2) The remedy of an employee for infringement of the rights conferred on him by section 168, 168A, 168B, 169 or 170 is by way of complaint to an employment tribunal in accordance with this Part, and not otherwise.
- (3) The Secretary of State may by order made by statutory instrument amend section 168A or 168B for the purpose of changing the purposes for which an employee may take time off under that section.
- (4) No order may be made under subsection (3) unless a draft of the order has been laid before and approved by resolution of each House of Parliament.
### Right to membership of trade union
#### Right not to be unreasonably excluded or expelled from union
##### 174
- (1) An individual shall not be excluded or expelled from a trade union unless the exclusion or expulsion is permitted by this section.
- (2) The exclusion or expulsion of an individual from a trade union is permitted by this section if (and only if)—
- (a) he does not satisfy, or no longer satisfies, an enforceable membership requirement contained in the rules of the union,
- (b) he does not qualify, or no longer qualifies, for membership of the union by reason of the union operating only in a particular part or particular parts of Great Britain,
- (c) in the case of a union whose purpose is the regulation of relations between its members and one particular employer or a number of particular employers who are associated, he is not, or is no longer, employed by that employer or one of those employers, or
- (d) the exclusion or expulsion is entirely attributable to conduct of his (other than excluded conduct) and the conduct to which it is wholly or mainly attributable is not protected conduct.
- (3) A requirement in relation to membership of a union is “*enforceable*” for the purposes of subsection (2)(a) if it restricts membership solely by reference to one or more of the following criteria—
- (a) employment in a specified trade, industry or profession,
- (b) occupational description (including grade, level or category of appointment), and
- (c) possession of specified trade, industrial or professional qualifications or work experience.
- (4) For the purposes of subsection (2)(d) “*excluded conduct*”, in relation to an individual, means—
- (a) conduct which consists in his being or ceasing to be, or having been or ceased to be, a member of another trade union,
- (b) conduct which consists in his being or ceasing to be, or having been or ceased to be, employed by a particular employer or at a particular place, or
- (c) conduct to which section 65 (conduct for which an individual may not be disciplined by a union) applies or would apply if the references in that section to the trade union which is relevant for the purposes of that section were references to any trade union.
- (4A) For the purposes of subsection (2)(d) “protected conduct” is conduct which consists in the individual’s being or ceasing to be, or having been or ceased to be, a member of a political party.
- (4B) Conduct which consists of activities undertaken by an individual as a member of a political party is not conduct falling within subsection (4A).
- (4C) Conduct which consists in an individual's being or having been a member of a political party is not conduct falling within subsection (4A) if membership of that political party is contrary to—
- (a) a rule of the trade union, or
- (b) an objective of the trade union.
- (4D) For the purposes of subsection (4C)(b) in the case of conduct consisting in an individual's being a member of a political party, an objective is to be disregarded—
- (a) in relation to an exclusion, if it is not reasonably practicable for the objective to be ascertained by a person working in the same trade, industry or profession as the individual;
- (b) in relation to an expulsion, if it is not reasonably practicable for the objective to be ascertained by a member of the union.
- (4E) For the purposes of subsection (4C)(b) in the case of conduct consisting in an individual's having been a member of a political party, an objective is to be disregarded—
- (a) in relation to an exclusion, if at the time of the conduct it was not reasonably practicable for the objective to be ascertained by a person working in the same trade, industry or profession as the individual;
- (b) in relation to an expulsion, if at the time of the conduct it was not reasonably practicable for the objective to be ascertained by a member of the union.
- (4F) Where the exclusion or expulsion of an individual from a trade union is wholly or mainly attributable to conduct which consists of an individual's being or having been a member of a political party but which by virtue of subsection (4C) is not conduct falling within subsection (4A), the exclusion or expulsion is not permitted by virtue of subsection (2)(d) if any one or more of the conditions in subsection (4G) apply.
- (4G) Those conditions are—
- (a) the decision to exclude or expel is taken otherwise than in accordance with the union's rules;
- (b) the decision to exclude or expel is taken unfairly;
- (c) the individual would lose his livelihood or suffer other exceptional hardship by reason of not being, or ceasing to be, a member of the union.
- (4H) For the purposes of subsection (4G)(b) a decision to exclude or expel an individual is taken unfairly if (and only if)—
- (a) before the decision is taken the individual is not given—
- (i) notice of the proposal to exclude or expel him and the reasons for that proposal, and
- (ii) a fair opportunity to make representations in respect of that proposal, or
- (b) representations made by the individual in respect of that proposal are not considered fairly.
- (5) An individual who claims that he has been excluded or expelled from a trade union in contravention of this section may present a complaint to an employment tribunal.
#### Time limit for proceedings
##### 175
- (1) An employment tribunal shall not entertain a complaint under section 174 unless it is presented—
- (a) before the end of the period of six months beginning with the date of the exclusion or expulsion, 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 the tribunal considers reasonable.
- (2) Section 292A (extension of time limits to facilitate conciliation before institution of proceedings) applies for the purposes of subsection (1)(a).
#### Remedies
##### 176
- (1) Where the employment tribunal finds a complaint under section 174 is well-founded, it shall make a declaration to that effect.
- (1A) If a tribunal makes a declaration under subsection (1) and it appears to the tribunal that the exclusion or expulsion was mainly attributable to conduct falling within section 174(4A) it shall make a declaration to that effect.
- (1B) If a tribunal makes a declaration under subsection (1A) and it appears to the tribunal that the other conduct to which the exclusion or expulsion was attributable consisted wholly or mainly of conduct of the complainant which was contrary to—
- (a) a rule of the union, or
- (b) an objective of the union,
it shall make a declaration to that effect.
- (1C) For the purposes of subsection (1B), it is immaterial whether the complainant was a member of the union at the time of the conduct contrary to the rule or objective.
- (1D) A declaration by virtue of subsection (1B)(b) shall not be made unless the union shows that, at the time of the conduct of the complainant which was contrary to the objective in question, it was reasonably practicable for that objective to be ascertained—
- (a) if the complainant was not at that time a member of the union, by a person working in the same trade, industry or profession as the complainant, and
- (b) if he was at that time a member of the union, by a member of the union.
- (2) An individual whose complaint has been declared to be well-founded may make an application to an employment tribunal for an award of compensation to be paid to him by the union.
...
- (3) The application shall not be entertained if made—
- (a) before the end of the period of four weeks beginning with the date of the declaration under subsection (1), or
- (b) after the end of the period of six months beginning with that date.
- (4) The amount of compensation awarded shall, subject to the following provisions, be such as the employment tribunal ... considers just and equitable in all the circumstances.
- (5) Where the employment tribunal . . . finds that the exclusion or expulsion complained of was to any extent caused or contributed to by the action of the applicant, it shall reduce the amount of the compensation by such proportion as it considers just and equitable having regard to that finding.
- (6) The amount of compensation calculated in accordance with subsections (4) and (5) shall not exceed the aggregate of—
- (a) an amount equal to thirty times the limit for the time being imposed by section 227(1)(a) of the Employment Rights Act 1996 (maximum amount of a week’s pay for basic award in unfair dismissal cases), and
- (b) an amount equal to the limit for the time being imposed by section 124(1) of that Act (maximum compensatory award in such cases).
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (6A) If on the date on which the application was made the applicant had not been admitted or re-admitted to the union, the award shall not be less than £13,384.
- (6B) Subsection (6A) does not apply in a case where the tribunal which made the declaration under subsection (1) also made declarations under subsections (1A) and (1B).
- (7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (8) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Interpretation and other supplementary provisions
##### 177
- (1) For the purposes of section 174—
- (a) “*trade union*” does not include an organisation falling within paragraph (b) of section 1,
- (b) “*conduct*” includes statements, acts and omissions, and
- (c) “*employment*” includes any relationship whereby an individual personally does work or performs services for another person (related expressions being construed accordingly).
- (2) For the purposes of sections 174 to 176—
- (a) if an individual’s application for membership of a trade union is neither granted nor rejected before the end of the period within which it might reasonably have been expected to be granted if it was to be granted, he shall be treated as having been excluded from the union on the last day of that period, and
- (b) an individual who under the rules of a trade union ceases to be a member of the union on the happening of an event specified in the rules shall be treated as having been expelled from the union.
- (3) The remedy of an individual for infringement of the rights conferred by section 174 is by way of a complaint to an employment tribunal in accordance with that section, sections 175 and 176 and this section, and not otherwise.
- (4) Where a complaint relating to an expulsion which is presented under section 174 is declared to be well-founded, no complaint in respect of the expulsion shall be presented or proceeded with under section 66 (complaint of infringement of right not to be unjustifiably disciplined).
- (5) The rights conferred by section 174 are in addition to, and not in substitution for, any right which exists apart from that section; and, subject to subsection (4), nothing in that section, section 175 or 176 or this section affects any remedy for infringement of any such right.
## Part IV — Industrial Relations
### Chapter I — Collective bargaining
### Introductory
#### Collective agreements and collective bargaining
##### 178
- (1) In this Act “*collective agreement*” means any agreement or arrangement made by or on behalf of one or more trade unions and one or more employers or employers’ associations and relating to one or more of the matters specified below; and “*collective bargaining*” means negotiations relating to or connected with one or more of those matters.
- (2) The matters referred to above are—
- (a) terms and conditions of employment, or the physical conditions in which any workers are required to work;
- (b) engagement or non-engagement, or termination or suspension of employment or the duties of employment, of one or more workers;
- (c) allocation of work or the duties of employment between workers or groups of workers;
- (d) matters of discipline;
- (e) a worker’s membership or non-membership of a trade union;
- (f) facilities for officials of trade unions; and
- (g) machinery for negotiation or consultation, and other procedures, relating to any of the above matters, including the recognition by employers or employers’ associations of the right of a trade union to represent workers in such negotiation or consultation or in the carrying out of such procedures.
- (3) In this Act “*recognition*”, in relation to a trade union, means the recognition of the union by an employer, or two or more associated employers, to any extent, for the purpose of collective bargaining; and “*recognised*” and other related expressions shall be construed accordingly.
### Enforceability of collective agreements
#### Whether agreement intended to be a legally enforceable contract
##### 179
- (1) A collective agreement shall be conclusively presumed not to have been intended by the parties to be a legally enforceable contract unless the agreement—
- (a) is in writing, and
- (b) contains a provision which (however expressed) states that the parties intend that the agreement shall be a legally enforceable contract.
- (2) A collective agreement which does satisfy those conditions shall be conclusively presumed to have been intended by the parties to be a legally enforceable contract.
- (3) If a collective agreement is in writing and contains a provision which (however expressed) states that the parties intend that one or more parts of the agreement specified in that provision, but not the whole of the agreement, shall be a legally enforceable contract, then—
- (a) the specified part or parts shall be conclusively presumed to have been intended by the parties to be a legally enforceable contract, and
- (b) the remainder of the agreement shall be conclusively presumed not to have been intended by the parties to be such a contract.
- (4) A part of a collective agreement which by virtue of subsection (3)(b) is not a legally enforceable contract may be referred to for the purpose of interpreting a party of the agreement which is such a contract.
#### Effect of provisions restricting right to take industrial action
##### 180
- (1) Any terms of a collective agreement which prohibit or restrict the right of workers to engage in a strike or other industrial action, or have the effect of prohibiting or restricting that right, shall not form part of any contract between a worker and the person for whom he works unless the following conditions are met.
- (2) The conditions are that the collective agreement—
- (a) is in writing,
- (b) contains a provision expressly stating that those terms shall or may be incorporated in such a contract,
- (c) is reasonably accessible at his place of work to the worker to whom it applies and is available for him to consult during working hours, and
- (d) is one where each trade union which is a party to the agreement is an independent trade union;
and that the contract with the worker expressly or impliedly incorporates those terms in the contract.
- (3) The above provisions have effect notwithstanding anything in section 179 and notwithstanding any provision to the contrary in any agreement (including a collective agreement or a contract with any worker).
### Disclosure of information for purposes of collective bargaining
#### General duty of employers to disclose information
##### 181
- (1) An employer who recognises an independent trade union shall, for the purposes of all stages of collective bargaining about matters, and in relation to descriptions of workers, in respect of which the union is recognised by him, disclose to representatives of the union, on request, the information required by this section.
In this section and sections 182 to 185 “*representative*”, in relation to a trade union, means an official or other person authorised by the union to carry on such collective bargaining.
- (2) The information to be disclosed is all information relating to the employer’s undertaking (including information relating to use of agency workers in that undertaking) which is in his possession, or that of an associated employer, and is information—
- (a) without which the trade union representatives would be to a material extent impeded in carrying on collective bargaining with him, and
- (b) which it would be in accordance with good industrial relations practice that he should disclose to them for the purposes of collective bargaining.
- (3) A request by trade union representatives for information under this section shall, if the employer so requests, be in writing or be confirmed in writing.
- (4) In determining what would be in accordance with good industrial relations practice, regard shall be had to the relevant provisions of any Code of Practice issued by ACAS, but not so as to exclude any other evidence of what that practice is.
- (5) Information which an employer is required by virtue of this section to disclose to trade union representatives shall, if they so request, be disclosed or confirmed in writing.
#### Restrictions on general duty
##### 182
- (1) An employer is not required by section 181 to disclose information—
- (a) the disclosure of which would be against the interests of national security, or
- (b) which he could not disclose without contravening a prohibition imposed by or under an enactment, or
- (c) which has been communicated to him in confidence, or which he has otherwise obtained in consequence of the confidence reposed in him by another person, or
- (d) which relates specifically to an individual (unless that individual has consented to its being disclosed), or
- (e) the disclosure of which would cause substantial injury to his undertaking for reasons other than its effect on collective bargaining, or
- (f) obtained by him for the purpose of bringing, prosecuting or defending any legal proceedings.
In formulating the provisions of any Code of Practice relating to the disclosure of information, ACAS shall have regard to the provisions of this subsection.
- (2) In the performance of his duty under section 181 an employer is not required—
- (a) to produce, or allow inspection of, any document (other than a document prepared for the purpose of conveying or confirming the information) or to make a copy of or extracts from any document, or
- (b) to compile or assemble any information where the compilation or assembly would involve an amount of work or expenditure out of reasonable proportion to the value of the information in the conduct of collective bargaining.
#### Complaint of failure to disclose information
##### 183
- (1) A trade union may present a complaint to the Central Arbitration Committee that an employer has failed—
- (a) to disclose to representatives of the union information which he was required to disclose to them by section 181, or
- (b) to confirm such information in writing in accordance with that section.
The complaint must be in writing and in such form as the Committee may require.
- (2) If on receipt of a complaint the Committee is of the opinion that it is reasonably likely to be settled by conciliation, it shall refer the complaint to ACAS and shall notify the trade union and employer accordingly, whereupon ACAS shall seek to promote a settlement of the matter.
If a complaint so referred is not settled or withdrawn and ACAS is of the opinion that further attempts at conciliation are unlikely to result in a settlement, it shall inform the Committee of its opinion.
- (3) If the complaint is not referred to ACAS or, if it is so referred, on ACAS informing the Committee of its opinion that further attempts at conciliation are unlikely to result in a settlement, the Committee shall proceed to hear and determine the complaint and shall make a declaration stating whether it finds the complaint well-founded, wholly or in part, and stating the reasons for its findings.
- (4) On the hearing of a complaint any person who the Committee considers has a proper interest in the complaint is entitled to be heard by the Committee, but a failure to accord a hearing to a person other than the trade union and employer directly concerned does not affect the validity of any decision of the Committee in those proceedings.
- (5) If the Committee finds the complaint wholly or partly well-founded, the declaration shall specify—
- (a) the information in respect of which the Committee finds that the complaint is well founded,
- (b) the date (or, if more than one, the earliest date) on which the employer refused or failed to disclose or, as the case may be, to confirm in writing, any of the information in question, and
- (c) a period (not being less than one week from the date of the declaration) within which the employer ought to disclose that information, or, as the case may be, to confirm it in writing.
- (6) On a hearing of a complaint under this section a certificate signed by or on behalf of a Minister of the Crown and certifying that a particular request for information could not be complied with except by disclosing information the disclosure of which would have been against the interests of national security shall be conclusive evidence of that fact.
A document which purports to be such a certificate shall be taken to be such a certificate unless the contrary is proved.
#### Further complaint of failure to comply with declaration
##### 184
- (1) After the expiration of the period specified in a declaration under section 183(5)(c) the trade union may present a further complaint to the Central Arbitration Committee that the employer has failed to disclose or, as the case may be, to confirm in writing to representatives of the union information specified in the declaration.
The complaint must be in writing and in such form as the Committee may require.
- (2) On receipt of a further complaint the Committee shall proceed to hear and determine the complaint and shall make a declaration stating whether they find the complaint well-founded, wholly or in part, and stating the reasons for their finding.
- (3) On the hearing of a further complaint any person who the Committee consider has a proper interest in that complaint shall be entitled to be heard by the Committee, but a failure to accord a hearing to a person other than the trade union and employer directly concerned shall not affect the validity of any decision of the Committee in those proceedings.
- (4) If the Committee find the further complaint wholly or partly well-founded the declaration shall specify the information in respect of which the Committee find that that complaint is well-founded.
#### Determination of claim and award
##### 185
- (1) On or after presenting a further complaint under section 184 the trade union may present to the Central Arbitration Committee a claim, in writing, in respect of one or more descriptions of employees (but not workers who are not employees) specified in the claim that their contracts should include the terms and conditions specified in the claim.
- (2) The right to present a claim expires if the employer discloses or, as the case may be, confirms in writing, to representatives of the trade union the information specified in the declaration under section 183(5) or 184(4); and a claim presented shall be treated as withdrawn if the employer does so before the Committee make an award on the claim.
- (3) If the Committee find, or have found, the further complaint wholly or partly well-founded, they may, after hearing the parties, make an award that in respect of any description of employees specified in the claim the employer shall, from a specified date, observe either—
- (a) the terms and conditions specified in the claim; or
- (b) other terms and conditions which the Committee consider appropriate.
The date specified may be earlier than that on which the award is made but not earlier than the date specified in accordance with section 183(5)(b) in the declaration made by the Committee on the original complaint.
- (4) An award shall be made only in respect of a description of employees, and shall comprise only terms and conditions relating to matters in respect of which the trade union making the claim is recognised by the employer.
- (5) Terms and conditions which by an award under this section an employer is required to observe in respect of an employee have effect as part of the employee’s contract of employment as from the date specified in the award, except in so far as they are superseded or varied—
- (a) by a subsequent award under this section,
- (b) by a collective agreement between the employer and the union for the time being representing that employee, or
- (c) by express or implied agreement between the employee and the employer so far as that agreement effects an improvement in terms and conditions having effect by virtue of the award.
- (6) Where—
- (a) by virtue of any enactment, other than one contained in this section, providing for minimum remuneration or terms and conditions, a contract of employment is to have effect as modified by an award, order or other instrument under that enactment, and
- (b) by virtue of an award under this section any terms and conditions are to have effect as part of that contract,
that contract shall have effect in accordance with that award, order or other instrument or in accordance with the award under this section, whichever is the more favourable, in respect of any terms and conditions of that contract, to the employee.
- (7) No award may be made under this section in respect of terms and conditions of employment which are fixed by virtue of any enactment.
### Prohibition of union recognition requirements
#### Recognition requirement in contract for goods or services void
##### 186
A term or condition of a contract for the supply of goods or services is void in so far as it purports to require a party to the contract—
- (a) to recognise one or more trade unions (whether or not named in the contract) for the purpose of negotiating on behalf of workers, or any class of worker, employed by him, or
- (b) to negotiate or consult with, or with an official of, one or more trade unions (whether or not so named).
#### Refusal to deal on grounds of union exclusion prohibited
##### 187
- (1) A person shall not refuse to deal with a supplier or prospective supplier of goods or services if the ground or one of the grounds for his action is that the person against whom it is taken does not, or is not likely to—
- (a) recognise one or more trade unions for the purpose of negotiating on behalf of workers, or any class of worker, employed by him, or
- (b) negotiate or consult with, or with an official of, one or more trade unions.
- (2) A person refuses to deal with a person if—
- (a) where he maintains (in whatever form) a list of approved suppliers of goods or services, or of persons from whom tenders for the supply of goods or services may be invited, he fails to include the name of that person in that list; or
- (b) in relation to a proposed contract for the supply of goods or services—
- (i) he excludes that person from the group of persons from whom tenders for the supply of the goods or services are invited, or
- (ii) he fails to permit that person to submit such a tender; or
- (iii) he otherwise determines not to enter into acontract with that person for the supply of the goods or services. or
- (c) he terminates a contract with that person for the supply of goods or services.
- (3) The obligation to comply with this section is a duty owed to the person with whom there is a refusal to deal and to any other person who may be adversely affected by its contravention; and a breach of the duty is actionable accordingly (subject to the defences and other incidents applying to actions for breach of statutory duty).
### Chapter II — Procedure for Handling Redundancies
### Duty of employer to consult . . . representatives
#### Duty of employer to consult trade union representatives
##### 188
- (A1) Subsection (1) applies where an employer is proposing to dismiss as redundant within a period of 90 days or less—
- (a) at least the threshold number of employees (see section 195A), or
- (b) 20 or more employees at one establishment.
- (1) Where an employer is proposing to dismiss as redundant 20 or more employees at one establishment within a period of 90 days or less, the employer The employer shall consult about the dismissals all the persons who are appropriate representatives of any of the employees who may be affected by the proposed dismissals or may be affected by measures taken in connection with those dismissals.
- (1A) The consultation shall begin in good time and in any event—
- (a) where the employer is proposing to dismiss 100 or more employees as mentioned in subsection (1) (A1), at least 45 days, and
- (b) otherwise, at least 30 days,
before the first of the dismissals takes effect.
- (1B) For the purposes of this section the appropriate representatives of any affected employees are–
- (a) if the employees are of a description in respect of which an independent trade union is recognised by their employer, representatives of the trade union, or
- (b) in any other case, whichever of the following employee representatives the employer chooses:–
- (i) employee representatives appointed or elected by the affected employees otherwise than for the purposes of this section, who (having regard to the purposes for and the method by which they were appointed or elected) have authority from those employees to receive information and to be consulted about the proposed dismissals on their behalf;
- (ii) employee representatives elected by the affected employees, for the purposes of this section, in an election satisfying the requirements of section 188A(1).
- (2) The consultation shall include consultation about ways of—
- (a) avoiding the dismissals,
- (b) reducing the numbers of employees to be dismissed, and
- (c) mitigating the consequences of the dismissals,
and shall be undertaken by the employer with a view to reaching agreement with the appropriate representatives.
- (2A) This section does not require the employer to—
- (a) consult all of the appropriate representatives together, or
- (b) undertake the consultation with a view to reaching the same agreement with all of the appropriate representatives.
- (3) In determining how many employees an employer is proposing to dismiss as redundant no account shall be taken of employees in respect of whose proposed dismissals consultation has already begun.
- (4) For the purposes of the consultation the employer shall disclose in writing to the appropriate representatives—
- (a) the reasons for his proposals,
- (b) the numbers and descriptions of employees whom it is proposed to dismiss as redundant,
- (c) where the employees whom it is proposed to dismiss as redundant are at only one establishment, the total number of employees of any such description employed by the employer at the establishment in question,
- (ca) where the employees whom it is proposed to dismiss as redundant are at more than one establishment—
- (i) the total number of employees of any such description employed by the employer, and
- (ii) details of the establishments at which those employees are employed,
- (d) the proposed method of selecting the employees who may be dismissed, . . .
- (e) the proposed method of carrying out the dismissals, with due regard to any agreed procedure, including the period over which the dismissals are to take effect. ...
- (f) the proposed method of calculating the amount of any redundancy payments to be made (otherwise than in compliance with an obligation imposed by or by virtue of any enactment) to employees who may be dismissed.
- (g) the number of agency workers working temporarily for and under the supervision and direction of the employer,
- (h) the parts of the employer’s undertaking in which those agency workers are working, and
- (i) the type of work those agency workers are carrying out.
- (5) That information shall be given to each of the appropriate representatives by being delivered to them, or sent by post to an address notified by them to the employer, or (in the case of representatives of a trade union) sent by post to the union at the address of its head or main office.
- (5A) The employer 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.
- (6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (7) If in any case there are special circumstances which render it not reasonably practicable for the employer to comply with a requirement of subsection (1A), (2) or (4), the employer shall take all such steps towards compliance with that requirement as are reasonably practicable in those circumstances. Where the decision leading to the proposed dismissals is that of a person controlling the employer (directly or indirectly), a failure on the part of that person to provide information to the employer shall not constitute special circumstances rendering it not reasonably practicable for the employer to comply with such a requirement.
- (7A) Where—
- (a) the employer has invited any of the affected employees to elect employee representatives, and
- (b) the invitation was issued long enough before the time when the consultation is required by subsection (1A)(a) or (b) to begin to allow them to elect representatives by that time,
the employer shall be treated as complying with the requirements of this section in relation to those employees if he complies with those requirements as soon as is reasonably practicable after the election of the representatives.
- (7B) If, after the employer has invited affected employees to elect representatives, the affected employees fail to do so within a reasonable time, he shall give to each affected employee the information set out in subsection (4).
- (8) This section does not confer any rights on a trade union , a representative or an employee except as provided by sections 189 to 192 below.
#### Complaint by trade union and protective award
##### 189
- (1) Where an employer has failed to comply with a requirement of section 188 or section 188A, a complaint may be presented to an employment tribunal on that ground–
- (a) in the case of a failure relating to the election of employee representatives, by any of the affected employees or by any of the employees who have been dismissed as redundant;
- (b) in the case of any other failure relating to employee representatives, by any of the employee representatives to whom the failure related,
- (c) in the case of failure relating to representatives of a trade union, by the trade union, and
- (d) in any other case, by any of the affected employees or by any of the employees who have been dismissed as redundant.
- (1A) If on a complaint under subsection (1) a question arises as to whether or not any employee representative was an appropriate representative for the purposes of section 188, it shall be for the employer to show that the employee representative had the authority to represent the affected employees.
- (1B) On a complaint under subsection (1)(a) it shall be for the employer to show that the requirements in section 188A have been satisfied.
- (2) If the tribunal finds the complaint well-founded it shall make a declaration to that effect and may also make a protective award.
- (3) A protective award is an award in respect of one or more descriptions of employees—
- (a) who have been dismissed as redundant, or whom it is proposed to dismiss as redundant, and
- (b) in respect of whose dismissal or proposed dismissal the employer has failed to comply with a requirement of section 188,
ordering the employer to pay remuneration for the protected period.
- (4) The protected period—
- (a) begins with the date on which the first of the dismissals to which the complaint relates takes effect, or the date of the award, whichever is the earlier, and
- (b) is of such length as the tribunal determines to be just and equitable in all the circumstances having regard to the seriousness of the employer’s default in complying with any requirement of section 188;
but shall not exceed 90 days . . . .
- (5) An industrial tribunal shall not consider a complaint under this section unless it is presented to the tribunal—
- (a) before the date on which the last of the dismissals to which the complaint relates takes effect, or
- (b) during the period of three months beginning with that date, or
- (c) where the tribunal is satisfied that it was not reasonably practicable for the complaint to be presented during the period of three months, within such further period as it considers reasonable.
- (5A) Where the complaint concerns a failure to comply with a requirement of section 188 or 188A , section 292A (extension of time limits to facilitate conciliation before institution of proceedings) applies for the purposes of subsection (5)(b).
- (6) If on a complaint under this section a question arises—
- (a) whether there were special circumstances which rendered it not reasonably practicable for the employer to comply with any requirement of section 188, or
- (b) whether he took all such steps towards compliance with that requirement as were reasonably practicable in those circumstances,
it is for the employer to show that there were and that he did.
#### Entitlement under protective award
##### 190
- (1) Where an employment tribunal has made a protective award, every employee of a description to which the award relates is entitled, subject to the following provisions and to section 191, to be paid remuneration by his employer for the protected period.
- (2) The rate of remuneration payable is a week’s pay for each week of the period; and remuneration in respect of a period less than one week shall be calculated by reducing proportionately the amount of a week’s pay.
- (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (4) An employee is not entitled to remuneration under a protective award in respect of a period during which he is employed by the employer unless he would be entitled to be paid by the employer in respect of that period—
- (a) by virtue of his contract of employment, or
- (b) by virtue of sections 87 to 91 of the Employment Rights Act 1996 (rights of employee in period of notice),
if that period fell within the period of notice required to be given by section 86(1) of that Act.
- (5) Chapter II of Part XIV of the Employment Rights Act 1996 applies with respect to the calculation of a week’s pay for the purposes of this section.
The calculation date for the purposes of that Chapter is the date on which the protective award was made or, in the case of an employee who was dismissed before the date on which the protective award was made, the date which by virtue of section 226(5) is the calculation date for the purpose of computing the amount of a redundancy payment in relation to that dismissal (whether or not the employee concerned is entitled to any such payment).
- (6) If an employee of a description to which a protective award relates dies during the protected period, the award has effect in his case as if the protected period ended on his death.
#### Termination of employment during protected period
##### 191
- (1) Where the employee is employed by the employer during the protected period and—
- (a) he is fairly dismissed by his employer otherwise than as redundant, or
- (b) he unreasonably terminates the contract of employment,
then, subject to the following provisions, he is not entitled to remuneration under the protective award in respect of any period during which but for that dismissal or termination he would have been employed.
- (2) If an employer makes an employee an offer (whether in writing or not and whether before or after the ending of his employment under the previous contract) to renew his contract of employment, or to re-engage him under a new contract, so that the renewal or re-engagement would take effect before or during the protected period, and either—
- (a) the provisions of the contract as renewed, or of the new contract, as to the capacity and place in which he would be employed, and as to the other terms and conditions of his employment, would not differ from the corresponding provisions of the previous contract, or
- (b) the offer constitutes an offer of suitable employment in relation to the employee,
the following subsections have effect.
- (3) If the employee unreasonably refuses the offer, he is not entitled to remuneration under the protective award in respect of a period during which but for that refusal he would have been employed.
- (4) If the employee’s contract of employment is renewed, or he is re-engaged under a new contract of employment, in pursuance of such an offer as is referred to in subsection (2)(b), there shall be a trial period in relation to the contract as renewed, or the new contract (whether or not there has been a previous trial period under this section).
- (5) The trial period begins with the ending of his employment under the previous contract and ends with the expiration of the period of four weeks beginning with the date on which the he starts work under the contract as renewed, or the new contract, or such longer period as may be agreed in accordance with subsection (6) for the purpose of retraining the employee for employment under that contract.
- (6) Any such agreement—
- (a) shall be made between the employer and the employee or his representative before the employee starts work under the contract as renewed or, as the case may be, the new contract,
- (b) shall be in writing,
- (c) shall specify the date of the end of the trial period, and
- (d) shall specify the terms and conditions of employment which will apply in the employee’s case after the end of that period.
- (7) If during the trial period—
- (a) the employee, for whatever reason, terminates the contract, or gives notice to terminate it and the contract is thereafter, in consequence, terminated, or
- (b) the employer, for a reason connected with or arising out of the change to the renewed, or new, employment, terminates the contract, or gives notice to terminate it and the contract is thereafter, in consequence, terminated,
the employee remains entitled under the protective award unless, in a case falling within paragraph (a), he acted unreasonably in terminating or giving notice to terminate the contract.
#### Complaint by employee to industrial tribunal
##### 192
- (1) An employee may present a complaint to an employment tribunal on the ground that he is an employee of a description to which a protective award relates and that his employer has failed, wholly or in part, to pay him remuneration under the award.
- (2) An employment tribunal shall not entertain a complaint under this section unless it is presented to the tribunal—
- (a) before the end of the period of three months beginning with the day (or, if the complaint relates to more than one day, the last of the days) in respect of which the complaint is made of failure to pay remuneration, or
- (b) where the tribunal is satisfied that it was not reasonably practicable for the complaint to be presented within the period of three months, within such further period as it may consider reasonable.
- (2A) Section 292A (extension of time limits to facilitate conciliation before institution of proceedings) applies for the purposes of subsection (2)(a).
- (3) Where the tribunal finds a complaint under this section well-founded it shall order the employer to pay the complainant the amount of remuneration which it finds is due to him.
- (4) The remedy of an employee for infringement of his right to remuneration under a protective award is by way of complaint under this section, and not otherwise.
### Duty of employer to notify Secretary of State
#### Duty of employer to notify Secretary of State of certain redundancies
##### 193
- (1) An employer proposing to dismiss as redundant 100 or more employees at one establishment within a period of 90 days or less shall notify the Secretary of State, in writing, of his proposal
- (a) before giving notice to terminate an employee's contract of employment in respect of any of those dismissals, and
- (b) at least 45 days before the first of those dismissals takes effect.
- (1A) Subsection (2) applies where an employer is proposing to dismiss as redundant within a period of 90 days or less—
- (a) at least the threshold number of employees (see section 195A), or
- (b) 20 or more employees at one establishment.
- (2) An employer proposing to dismiss as redundant 20 or more employees at one establishment within such a period The employer shall notify the Secretary of State, in writing, of his proposal
- (a) before giving notice to terminate an employee's contract of employment in respect of any of those dismissals, and
- (b) at least 30 days before the first of those dismissals takes effect.
- (2A) The notice must be given—
- (a) before the employer gives notice to terminate an employee’s contract of employment in respect of any of the dismissals;
- (b) at least 30 days before the first of the dismissals takes effect, or, where the employer is proposing to dismiss 100 or more employees as mentioned in subsection (1A), at least 45 days before the first of the dismissals takes effect.
- (3) In determining how many employees an employer is proposing to dismiss as redundant within the period mentioned in subsection (1) or (2) (1A), no account shall be taken of employees in respect of whose proposed dismissal notice has already been given to the Secretary of State.
- (4) A notice under this section shall—
- (a) be given to the Secretary of State by delivery to him or by sending it by post to him, at such address as the Secretary of State may direct in relation to the establishment where the employees proposed to be dismissed are employed,
- (b) where there are representatives to be consulted under section 188, identify them and state the date when consultation with them under that section began,
- (c) be in such form and contain such particulars, in addition to those required by paragraph (b), as the Secretary of State may direct.
- (5) After receiving a notice under this section from an employer the Secretary of State may by written notice require the employer to give him such further information as may be specified in the notice.
- (6) Where there are representatives to be consulted under section 188 the employer shall give to each of them a copy of any notice given under subsection (1) or (2).
The copy shall be delivered to them or sent by post to an address notified by them to the employer, or (in the case of representatives of a trade union) sent by post to the union at the address of its head or main office.
- (7) If in any case there are special circumstances rendering it not reasonably practicable for the employer to comply with any of the requirements of subsections (1) (2) to (6), he shall take all such steps towards compliance with that requirement as are reasonably practicable in the circumstances Where the decision leading to the proposed dismissals is that of a person controlling the employer (directly or indirectly), a failure on the part of that person to provide information to the employer shall not constitute special circumstances rendering it not reasonably practicable for the employer to comply with any of those requirements..
#### Offence of failure to notify
##### 194
- (1) An employer who fails to give notice to the Secretary of State in accordance with section 193 commits an offence and is liable on summary conviction to a fine not exceeding level 5 on the standard scale.
- (2) Proceedings in England or Wales for such an offence shall be instituted only by or with the consent of the Secretary of State or by an officer authorised for that purpose by special or general directions of the Secretary of State.
An officer so authorised may . . . prosecute or conduct proceedings for such an offence before a magistrates’ court.
- (3) Where an offence under this section committed by a body corporate is proved to have been committed with the consent or connivance of, or to be attributable to neglect on the part of, any director, manager, secretary or other similar officer of the body corporate, or any person purporting to act in any such capacity, he as well as the body corporate is guilty of the offence and liable to be proceeded against and punished accordingly.
- (4) Where the affairs of a body corporate are managed by its members, subsection (3) applies in relation to the acts and defaults of a member in connection with his functions of management as if he were a director of the body corporate.
### Supplementary provisions
#### Meaning of “redundancy”
##### 195
- (1) In this Chapter references to dismissal as redundant are references to dismissal for a reason not related to the individual concerned or for a number of reasons all of which are not so related.
- (2) For the purposes of any proceedings under this Chapter, where an employee is or is proposed to be dismissed it shall be presumed, unless the contrary is proved, that he is or is proposed to be dismissed as redundant.
#### Meaning of “trade union representative”
##### 196
- (1) For the purposes of this Chapter persons are employee representatives if—
- (a) they have been elected by employees for the specific purpose of being consulted by their employer about dismissals proposed by him, or
- (b) having been elected or appointedby employees (whether before or after dismissals have been proposed by their employer) otherwise than for that specific purpose, it is appropriate (having regard to the purposes for which they were elected) for the employer to consult them about dismissals proposed by him,
and (in either case) they are employed by the employer at the time when they are elected or appointed.
- (2) References in this Chapter to representatives of a trade union, in relation to an employer, are to officials or other persons authorised by the trade union to carry on collective bargaining with the employer.
- (3) References in this Chapter to affected employees are to employees who may be affected by the proposed dismissals or who may be affected by measures taken in connection with such dismissals.
#### Power to vary provisions
##### 197
- (1) The Secretary of State may by order made by statutory instrument vary—
- (a) the provisions of sections 188(2) and 193(1) (requirements as to consultation and notification), and
- (b) the period referred to at the end of section 189(4) (maximum protected period);
but no such order shall be made which has the effect of reducing to less than 30 days the periods referred to in sections 188(2) and 193(1) as the periods which must elapse before the first of the dismissals takes effect.
- (2) No such order shall be made unless a draft of the order has been laid before Parliament and approved by a resolution of each House of Parliament.
#### Power to adapt provisions in case of collective agreement
##### 198
- (1) This section applies where there is in force a collective agreement which establishes—
- (a) arrangements for providing alternative employment for employees to whom the agreement relates if they are dismissed as redundant by an employer to whom it relates, or
- (b) arrangements for handling the dismissal of employees as redundant.
- (2) On the application of all the parties to the agreement the Secretary of State may, if he is satisfied having regard to the provisions of the agreement that the arrangements are on the whole at least as favourable to those employees as the foregoing provisions of this Chapter, by order made by statutory instrument adapt, modify or exclude any of those provisions both in their application to all or any of those employees and in their application to any other employees of any such employer.
- (3) The Secretary of State shall not make such an order unless the agreement—
- (a) provides for procedures to be followed (whether by arbitration or otherwise) in cases where an employee to whom the agreement relates claims that any employer or other person to whom it relates has not complied with the provisions of the agreement, and
- (b) provides that those procedures include a right to arbitration or adjudication by an independent referee or body in cases where (by reason of an equality of votes or otherwise) a decision cannot otherwise be reached,
or indicates that any such employee may present a complaint to an employment tribunal that any such employer or other person has not complied with those provisions.
- (4) An order under this section may confer on an industrial tribunal to whom a complaint is presented as mentioned in subsection (3) such powers and duties as the Secretary of State considers appropriate.
- (5) An order under this section may be varied or revoked by a subsequent order thereunder either in pursuance of an application made by all or any of the parties to the agreement in question or without any such application.
### Chapter III — Codes of Practice
### Codes of Practice issued by ACAS
#### Issue of Codes of Practice by ACAS
##### 199
- (1) ACAS may issue Codes of Practice containing such practical guidance as it thinks fit for the purpose of promoting the improvement of industrial relations or for purposes connected with trade union learning representatives or equality representatives.
- (2) In particular, ACAS shall in one or more Codes of Practice provide practical guidance on the following matters—
- (a) the time off and facilities to be permitted by an employer to a trade union official in accordance with section 168 (time off for carrying out trade union duties);
- (b) the time off to be permitted by an employer to a trade union member in accordance with section 170 (time off for trade union activities); and
- (c) the information to be disclosed by employers to trade union representatives in accordance with sections 181 and 182 (disclosure of information for purposes of collective bargaining).
- (3) The guidance mentioned in subsection (2)(a) shall include guidance on the circumstances in which a trade union official is to be permitted to take time off under section 168 in respect of duties connected with industrial action; and the guidance mentioned in subsection (2)(b) shall include guidance on the question whether, and the circumstances in which, a trade union member is to be permitted to take time off under section 170 for trade union activities connected with industrial action.
- (4) ACAS may from time to time revise the whole or any part of a Code of Practice issued by it and issue that revised Code.
#### Procedure for issue of Code by ACAS
##### 200
- (1) Where ACAS proposes to issue a Code of Practice, or a revised Code, it shall prepare and publish a draft of the Code, shall consider any representations made to it about the draft and may modify the draft accordingly.
- (2) If ACAS determines to proceed with the draft, it shall transmit the draft to the Secretary of State who—
- (a) if he approves of it, shall lay it before both Houses of Parliament, and
- (b) if he does not approve of it, shall publish details of his reasons for withholding approval.
- (3) A Code containing practical guidance—
- (a) on the time off and facilities to be permitted to a trade union learning representative in accordance with section 168A (time off for training and carrying out functions as a learning representative),
- (b) on the training that is sufficient to enable a trade union learning representative to carry on the activities mentioned in section 168A(2) (activities for which time off is to be permitted), or
- (ba) on the time off and facilities to be permitted to a trade union equality representative in accordance with section 168B (time off for training and carrying out functions as an equality representative),
- (bb) on the training that is sufficient to enable a trade union equality representative to carry on the activities mentioned in section 168B(2) (activities for which time off is to be permitted), or
- (c) on any of the matters referred to in section 199(2),
shall not be issued unless the draft has been approved by a resolution of each House of Parliament; and if it is so approved, ACAS shall issue the Code in the form of the draft.
- (4) In any other case the following procedure applies—
- (a) if, within the period of 40 days beginning with the day on which the draft is laid before Parliament, (or, if copies are laid before the two Houses on different days, with the later of the two days) either House so resolves, no further proceedings shall be taken thereon, but without prejudice to the laying before Parliament of a new draft;
- (b) if no such resolution is passed, ACAS shall issue the Code in the form of the draft.
In reckoning the period of 40 days no account shall be taken of any period during which Parliament is dissolved or prorogued or during which both Houses are adjourned for more than four days.
- (5) A Code issued in accordance with this section shall come into effect on such day as the Secretary of State may appoint by order made by statutory instrument.
The order may contain such transitional provisions or savings as appear to him to be necessary or expedient.
#### Consequential revision of Code issued by ACAS
##### 201
- (1) A Code of Practice issued by ACAS may be revised by it in accordance with this section for the purpose of bringing it into conformity with subsequent statutory provisions by the making of consequential amendments and the omission of obsolete passages.
“*Subsequent statutory provisions*” means provisions made by or under an Act of Parliament and coming into force after the Code was issued (whether before or after the commencement of this Act).
- (2) Where ACAS proposes to revise a Code under this section, it shall transmit a draft of the revised Code to the Secretary of State who—
- (a) if he approves of it, shall lay the draft before each House of Parliament, and
- (b) if he does not approve of it, shall publish details of his reasons for withholding approval.
- (3) If, within the period of 40 days beginning with the day on which the draft is laid before Parliament, (or, if copies are laid before the two Houses on different days, with the later of the two days) either House so resolves, no further proceedings shall be taken thereon, but without prejudice to the laying before Parliament of a new draft.
In reckoning the period of 40 days no account shall be taken of any period during which Parliament is dissolved or prorogued or during which both Houses are adjourned for more than four days.
- (4) If no such resolution is passed ACAS shall issue the Code in the form of the draft and it shall come into effect on such day as the Secretary of State may appoint by order made by statutory instrument.
The order may contain such transitional provisions or savings as appear to the Secretary of State to be necessary or expedient.
#### Revocation of Code issued by ACAS
##### 202
- (1) A Code of Practice issued by ACAS may, at the request of ACAS, be revoked by the Secretary of State by order made by statutory instrument.
The order may contain such transitional provisions and savings as appear to him to be appropriate.
- (2) If ACAS requests the Secretary of State to revoke a Code and he decides not to do so, he shall publish details of his reasons for his decision.
- (3) An order shall not be made under this section unless a draft of it has been laid before and approved by resolution of each House of Parliament.
### Codes of Practice issued by the Secretary of State
#### Issue of Codes of Practice by the Secretary of State
##### 203
- (1) The Secretary of State may issue Codes of Practice containing such practical guidance as he thinks fit for the purpose—
- (a) of promoting the improvement of industrial relations, or
- (b) of promoting what appear to him to be to be desirable practices in relation to the conduct by trade unions of ballots and elections or for purposes connected with trade union learning representatives or equality representatives.
- (2) The Secretary of State may from time to time revise the whole or any part of a Code of Practice issued by him and issue that revised Code.
#### Procedure for issue of Code by Secretary of State
##### 204
- (1) When the Secretary of State proposes to issue a Code of Practice, or a revised Code, he shall after consultation with ACAS prepare and publish a draft of the Code, shall consider any representations made to him about the draft and may modify the draft accordingly.
- (2) If he determines to proceed with the draft, he shall lay it before both Houses of Parliament and, if it is approved by resolution of each House, shall issue the Code in the form of the draft.
- (3) A Code issued under this section shall come into effect on such day as the Secretary of State may by order appoint.
The order may contain such transitional provisions or savings as appear to him to be necessary or expedient.
- (4) An order under subsection (3) shall be made by statutory instrument, which shall be subject to annulment in pursuance of a resolution of either House of Parliament.
#### Consequential revision of Code issued by Secretary of State
##### 205
- (1) A Code of Practice issued by the Secretary of State may be revised by him in accordance with this section for the purpose of bringing it into conformity with subsequent statutory provisions by the making of consequential amendments and the omission of obsolete passages.
“*Subsequent statutory provisions*” means provisions made by or under an Act of Parliament and coming into force after the Code was issued (whether before or after the commencement of this Act).
- (2) Where the Secretary of State proposes to revise a Code under this section, he shall lay a draft of the revised Code before each House of Parliament.
- (3) If within the period of 40 days beginning with the day on which the draft is laid before Parliament, or, if copies are laid before the two Houses on different days, with the later of the two days, either House so resolves, no further proceedings shall be taken thereon, but without prejudice to the laying before Parliament of a new draft.
In reckoning the period of 40 days no account shall be taken of any period during which Parliament is dissolved or prorogued or during which both Houses are adjourned for more than four days.
- (4) If no such resolution is passed the Secretary of State shall issue the Code in the form of the draft and it shall come into effect on such day as he may appoint by order made by statutory instrument.
The order may contain such transitional provisions and savings as appear to him to be appropriate.
#### Revocation of Code issued by Secretary of State
##### 206
- (1) A Code of Practice issued by the Secretary of State may be revoked by him by order made by statutory instrument.
The order may contain such transitional provisions and savings as appear to him to be appropriate.
- (2) An order shall not be made under this section unless a draft of it has been laid before and approved by resolution of each House of Parliament.
### Supplementary provisions
#### Effect of failure to comply with Code
##### 207
- (1) A failure on the part of any person to observe any provision of a Code of Practice issued under this Chapter shall not of itself render him liable to any proceedings.
- (2) In any proceedings before an employment tribunal or the Central Arbitration Committee any Code of Practice issued under this Chapter by ACAS shall be admissible in evidence, and any provision of the Code which appears to the tribunal or Committee to be relevant to any question arising in the proceedings shall be taken into account in determining that question.
- (3) In any proceedings before a court or employment tribunal or the Central Arbitration Committee any Code of Practice issued under this Chapter by the Secretary of State shall be admissible in evidence, and any provision of the Code which appears to the court, tribunal or Committee to be relevant to any question arising in the proceedings shall be taken into account in determining that question.
#### Provisions of earlier Code superseded by later
##### 208
- (1) If ACAS is of the opinion that the provisions of a Code of Practice to be issued by it under this Chapter will supersede the whole or part of a Code previously issued under this Chapter, by it or by the Secretary of State, it shall in the new Code state that on the day on which the new Code comes into effect the old Code or a specified part of it shall cease to have effect.
- (2) If the Secretary of State is of the opinion that the provisions of a Code of Practice to be issued by him under this Chapter will supersede the whole or part of a Code previously issued under this Chapter by him or by ACAS, he shall in the new Code state that on the day on which the new Code comes into effect the old Code or a specified part of it shall cease to have effect.
- (3) The above provisions do not affect any transitional provisions or savings made by the order bringing the new Code into effect.
### Chapter IV — General
### Functions of ACAS
#### General duty to promote improvement of industrial relations
##### 209
It is the general duty of ACAS to promote the improvement of industrial relations . . . . . .
#### Conciliation
##### 210
- (1) Where a trade dispute exists or is apprehended ACAS may, at the request of one or more parties to the dispute or otherwise, offer the parties to the dispute its assistance with a view to bringing about a settlement.
- (2) The assistance may be by way of conciliation or by other means, and may include the appointment of a person other than an officer or servant of ACAS to offer assistance to the parties to the dispute with a view to bringing about a settlement.
- (3) In exercising its functions under this section ACAS shall have regard to the desirability of encouraging the parties to a dispute to use any appropriate agreed procedures for negotiation or the settlement of disputes.
#### Conciliation officers
##### 211
- (1) ACAS shall designate some of its officers to perform the functions of conciliation officers under any enactment (whenever passed) relating to matters which are or could be the subject of proceedings before an employment tribunal.
- (2) References in any such enactment to a conciliation officer are to an officer designated under this section.
#### Arbitration
##### 212
- (1) Where a trade dispute exists or is apprehended ACAS may, at the request of one or more of the parties to the dispute and with the consent of all the parties to the dispute, refer all or any of the matters to which the dispute relates for settlement to the arbitration of—
- (a) one or more persons appointed by ACAS for that purpose (not being officers or employees of ACAS), or
- (b) the Central Arbitration Committee.
- (2) In exercising its functions under this section ACAS shall consider the likelihood of the dispute being settled by conciliation.
- (3) Where there exist appropriate agreed procedures for negotiation or the settlement of disputes, ACAS shall not refer a matter for settlement to arbitration under this section unless—
- (a) those procedures have been used and have failed to result in a settlement, or
- (b) there is, in ACAS’s opinion, a special reason which justifies arbitration under this section as an alternative to those procedures.
- (4) Where a matter is referred to arbitration under subsection (1)(a)—
- (a) if more than one arbitrator or arbiter is appointed, ACAS shall appoint one of them to act as chairman; and
- (b) the award may be published if ACAS so decides and all the parties consent.
- (5) Nothing in any of sections 1 to 15 of and schedule 1 to the Arbitration (Scotland) Act 2010 or Part I of the Arbitration Act 1996 (general provisions as to arbitration) does not apply applies to an arbitration under this section.
#### Advice
##### 213
- (1) ACAS may, on request or otherwise, give employers, employers’ associations, workers and trade unions such advice as it thinks appropriate on matters concerned with or affecting or likely to affect industrial relations.
- (2) ACAS may also publish general advice on matters concerned with or affecting or likely to affect industrial relations.
#### Inquiry
##### 214
- (1) ACAS may, if it thinks fit, inquire into any question relating to industrial relations generally or to industrial relations in any particular industry or in any particular undertaking or part of an undertaking.
- (2) The findings of an inquiry under this section, together with any advice given by ACAS in connection with those findings, may be published by ACAS if—
- (a) it appears to ACAS that publication is desirable for the improvement of industrial relations, either generally or in relation to the specific question inquired into, and
- (b) after sending a draft of the findings to all parties appearing to to be concerned and taking account of their views, it thinks fit.
### Courts of inquiry
#### Inquiry and report by court of inquiry
##### 215
- (1) Where a trade dispute exists or is apprehended, the Secretary of State may inquire into the causes and circumstances of the dispute, and, if he thinks fit, appoint a court of inquiry and refer to it any matters appearing to him to be connected with or relevant to the dispute.
- (2) The court shall inquire into the matters referred to it and report on them to the Secretary of State; and it may make interim reports if it thinks fit.
- (3) Any report of the court, and any minority report, shall be laid before both Houses of Parliament as soon as possible.
- (4) The Secretary of State may, before or after the report has been laid before Parliament, publish or cause to be published from time to time, in such manner as he thinks fit, any information obtained or conclusions arrived at by the court as the result or in the course of its inquiry.
- (5) No report or publication made or authorised by the court or the Secretary of State shall include any information obtained by the court of inquiry in the course of its inquiry—
- (a) as to any trade union, or
- (b) as to any individual business (whether carried on by a person, firm, or company),
which is not available otherwise than through evidence given at the inquiry, except with the consent of the secretary of the trade union or of the person, firm, or company in question.
Nor shall any individual member of the court or any person concerned in the inquiry disclose such information without such consent.
- (6) The Secretary of State shall from time to time present to Parliament a report of his proceedings under this section.
#### Constitution and proceedings of court of inquiry
##### 216
- (1) A court of inquiry shall consist of—
- (a) a chairman and such other persons as the Secretary of State thinks fit to appoint, or
- (b) one person appointed by the Secretary of State,
as the Secretary of State thinks fit.
- (2) A court may act notwithstanding any vacancy in its number.
- (3) A court may conduct its inquiry in public or in private, at its discretion.
- (4) The Secretary of State may make rules regulating the procedure of a court of inquiry, including rules as to summoning of witnesses, quorum, and the appointment of committees and enabling the court to call for such documents as the court may determine to be relevant to the subject-matter of the inquiry.
- (5) A court of inquiry may, if and to such extent as may be authorised by rules under this section, by order require any person who appears to the court to have knowledge of the subject-matter of the inquiry—
- (a) to supply (in writing or otherwise) such particulars in relation thereto as the court may require, and
- (b) where necessary, to attend before the court and give evidence on oath;
and the court may administer or authorise any person to administer an oath for that purpose.
- (6) Provision shall be made by rules under this section with respect to the cases in which persons may appear by a relevant lawyer in proceedings before a court of inquiry, and except as provided by those rules no person shall be entitled to appear in any such proceedings by a relevant lawyer.
- (7) In subsection (6) “*relevant lawyer*” means—
- (a) a person who, for the purposes of the Legal Services Act 2007, is an authorised person in relation to an activity which constitutes the exercise of a right of audience or the conduct of litigation within the meaning of that Act, or
- (b) an advocate or solicitor in Scotland.
### Supplementary provisions
#### Exclusion of power of arbiter to state case to Court of Session
##### 217
Section 3 of the Administration of Justice (Scotland) Act 1972 (power of arbiter to state case for opinion of Court of Session) does not apply to—
- (a) any form of arbitration relating to a trade dispute, or
- (b) any other arbitration arising from a collective agreement.
#### Meaning of “trade dispute” in Part IV
##### 218
- (1) In this Part “*trade dispute*” means a dispute between employers and workers, or between workers and workers, which is connected with one or more of the following matters—
- (a) terms and conditions of employment, or the physical conditions in which any workers are required to work;
- (b) engagement or non-engagement, or termination or suspension of employment or the duties of employment, of one or more workers;
- (c) allocation of work or the duties of employment as between workers or groups of workers;
- (d) matters of discipline;
- (e) the membership or non-membership of a trade union on the part of a worker;
- (f) facilities for officials of trade unions; and
- (g) machinery for negotiation or consultation, and other procedures, relating to any of the foregoing matters, including the recognition by employers or employers’ associations of the right of a trade union to represent workers in any such negotiation or consultation or in the carrying out of such procedures.
- (2) A dispute between a Minister of the Crown and any workers shall, notwithstanding that he is not the employer of those workers, be treated for the purposes of this Part as a dispute between an employer and those workers if the dispute relates—
- (a) to matters which have been referred for consideration by a joint body on which, by virtue of any provision made by or under any enactment, that Minister is represented, or
- (b) to matters which cannot be settled without that Minister exercising a power conferred on him by or under an enactment.
- (3) There is a trade dispute for the purpose of this Part even though it relates to matters occurring outside Great Britain.
- (4) A dispute to which a trade union or employer’s association is a party shall be treated for the purposes of this Part as a dispute to which workers or, as the case may be, employers are parties.
- (5) In this section—
- “*employment*” includes any relationship whereby one person personally does work or performs services for another; and
- “*worker*”, in relation to a dispute to which an employer is a party, includes any worker even if not employed by that employer.
## Part V — Industrial action
### Protection of acts in contemplation or furtherance of trade dispute
#### Protection from certain tort liabilities
##### 219
- (1) An act done by a person in contemplation or furtherance of a trade dispute is not actionable in tort on the ground only—
- (a) that it induces another person to break a contract or interferes or induces another person to interfere with its performance, or
- (b) that it consists in his threatening that a contract (whether one to which he is a party or not) will be broken or its performance interfered with, or that he will induce another person to break a contract or interfere with its performance.
- (2) An agreement or combination by two or more persons to do or procure the doing of an act in contemplation or furtherance of a trade dispute is not actionable in tort if the act is one which if done without any such agreement or combination would not be actionable in tort.
- (3) Nothing in subsections (1) and (2) prevents an act done in the course of picketing from being actionable in tort unless it is done in the course of attendance declared lawful by section 220 (peaceful picketing).
- (4) Subsections (1) and (2) have effect subject to—
- (a) sections 222 to 225 (action excluded from protection),
- (b) section 226 (requirement of ballot before action by trade union), and
- (c) section 234A (requirement of notice to employer of industrial action);
and in those sections “*not protected*” means excluded from the protection afforded by this section or, where the expression is used with reference to a particular person, excluded from that protection as respects that person.
#### Peaceful picketing
##### 220
- (1) It is lawful for a person in contemplation or furtherance of a trade dispute to attend—
- (a) at or near his own place of work, or
- (b) if he is an official of a trade union, at or near the place of work of a member of the union whom he is accompanying and whom he represents,
for the purpose only of peacefully obtaining or communicating information, or peacefully persuading any person to work or abstain from working.
- (2) If a person works or normally works—
- (a) otherwise than at any one place, or
- (b) at a place the location of which is such that attendance there for a purpose mentioned in subsection (1) is impracticable,
his place of work for the purposes of that subsection shall be any premises of his employer from which he works or from which his work is administered.
- (3) In the case of a worker not in employment where—
- (a) his last employment was terminated in connection with a trade dispute, or
- (b) the termination of his employment was one of the circumstances giving rise to a trade dispute,
in relation to that dispute his former place of work shall be treated for the purposes of subsection (1) as being his place of work.
- (4) A person who is an official of a trade union by virtue only of having been elected or appointed to be a representative of some of the members of the union shall be regarded for the purposes of subsection (1) as representing only those members; but otherwise an official of a union shall be regarded for those purposes as representing all its members.
#### Restrictions on grant of injunctions and interdicts
##### 221
- (1) Where—
- (a) an application for an injunction or interdict is made to a court in the absence of the party against whom it is sought or any representative of his, and
- (b) he claims, or in the opinion of the court would be likely to claim, that he acted in contemplation or furtherance of a trade dispute,
the court shall not grant the injunction or interdict unless satisfied that all steps which in the circumstances were reasonable have been taken with a view to securing that notice of the application and an opportunity of being heard with respect to the application have been given to him.
- (2) Where—
- (a) an application for an interlocutory injunction is made to a court pending the trial of an action, and
- (b) the party against whom it is sought claims that he acted in contemplation or furtherance of a trade dispute,
the court shall, in exercising its discretion whether or not to grant the injunction, have regard to the likelihood of that party’s succeeding at the trial of the action in establishing any matter which would afford a defence to the action under section 219 (protection from certain tort liabilities) or section 220 (peaceful picketing).
This subsection does not extend to Scotland.
### Action excluded from protection
#### Action to enforce trade union membership
##### 222
- (1) An act is not protected if the reason, or one of the reasons, for which it is done is the fact or belief that a particular employer—
- (a) is employing, has employed or might employ a person who is not a member of a trade union, or
- (b) is failing, has failed or might fail to discriminate against such a person.
- (2) For the purposes of subsection (1)(b) an employer discriminates against a person if, but only if, he ensures that his conduct in relation to—
- (a) persons, or persons of any description, employed by him, or who apply to be, or are, considered by him for employment, or
- (b) the provision of employment for such persons,
is different, in some or all cases, according to whether or not they are members of a trade union, and is more favourable to those who are.
- (3) An act is not protected if it constitutes, or is one of a number of acts which together constitute, an inducement or attempted inducement of a person—
- (a) to incorporate in a contract to which that person is a party, or a proposed contract to which he intends to be a party, a term or condition which is or would be void by virtue of section 144 (union membership requirement in contract for goods or services), or
- (b) to contravene section 145 (refusal to deal with person on grounds relating to union membership).
- (4) References in this section to an employer employing a person are to a person acting in the capacity of the person for whom a worker works or normally works.
- (5) References in this section to not being a member of a trade union are to not being a member of any trade union, of a particular trade union or of one of a number of particular trade unions.
Any such reference includes a reference to not being a member of a particular branch or section of a trade union or of one of a number of particular branches or sections of a trade union.
#### Action taken because of dismissal for taking unofficial action
##### 223
An act is not protected if the reason, or one of the reasons, for doing it is the fact or belief that an employer has dismissed one or more employees in circumstances such that by virtue of section 237 (dismissal in connection with unofficial action) they have no right to complain of unfair dismissal.
#### Secondary action
##### 224
- (1) An act is not protected if one of the facts relied on for the purpose of establishing liability is that there has been secondary action which is not lawful picketing.
- (2) There is secondary action in relation to a trade dispute when, and only when, a person—
- (a) induces another to break a contract of employment or interferes or induces another to interfere with its performance, or
- (b) threatens that a contract of employment under which he or another is employed will be broken or its performance interfered with, or that he will induce another to break a contract of employment or to interfere with its performance,
and the employer under the contract of employment is not the employer party to the dispute.
- (3) Lawful picketing means acts done in the course of such attendance as is declared lawful by section 220 (peaceful picketing)—
- (a) by a worker employed (or, in the case of a worker not in employment, last employed) by the employer party to the dispute, or
- (b) by a trade union official whose attendance is lawful by virtue of subsection (1)(b) of that section.
- (4) For the purposes of this section an employer shall not be treated as party to a dispute between another employer and workers of that employer; and where more than one employer is in dispute with his workers, the dispute between each employer and his workers shall be treated as a separate dispute.
In this subsection “*worker*” has the same meaning as in section 244 (meaning of “*trade dispute*”).
- (5) An act in contemplation or furtherance of a trade dispute which is primary action in relation to that dispute may not be relied on as secondary action in relation to another trade dispute.
Primary action means such action as is mentioned in paragraph (a) or (b) of subsection (2) where the employer under the contract of employment is the employer party to the dispute.
- (6) In this section “*contract of employment*” includes any contract under which one person personally does work or performs services for another, and related expressions shall be construed accordingly.
#### Pressure to impose union recognition requirement
##### 225
- (1) An act is not protected if it constitutes, or is one of a number of acts which together constitute, an inducement or attempted inducement of a person—
- (a) to incorporate in a contract to which that person is a party, or a proposed contract to which he intends to be a party, a term or condition which is or would be void by virtue of section 186 (recognition requirement in contract for goods or services), or
- (b) to contravene section 187 (refusal to deal with person on grounds of union exclusion).
- (2) An act is not protected if—
- (a) it interferes with the supply (whether or not under a contract) of goods or services, or can reasonably be expected to have that effect, and
- (b) one of the facts relied upon for the purpose of establishing liability is that a person has—
- (i) induced another to break a contract of employment or interfered or induced another to interfere with its performance, or
- (ii) threatened that a contract of employment under which he or another is employed will be broken or its performance interfered with, or that he will induce another to break a contract of employment or to interfere with its performance, and
- (c) the reason, or one of the reasons, for doing the act is the fact or belief that the supplier (not being the employer under the contract of employment mentioned in paragraph (b)) does not, or might not—
- (i) recognise one or more trade unions for the purpose of negotiating on behalf of workers, or any class of worker, employed by him, or
- (ii) negotiate or consult with, or with an official of, one or more trade unions.
### Requirement of ballot before action by trade union
#### Requirement of ballot before action by trade union
##### 226
- (1) An act done by a trade union to induce a person to take part, or continue to take part, in industrial action —
- (a) is not protected unless the industrial action has the support of a ballot, and
- (b) where section 226A falls to be complied with in relation to the person’s employer, is not protected as respects the employer unless the trade union has complied with section 226A in relation to him.
- In this section “*the relevant time*”, in relation to an act by a trade union to induce a person to take part, or continue to take part, in industrial action, means the time at which proceedings are commenced in respect of the act.
- (2) Industrial action shall be regarded as having the support of a ballot only if—
- (a) the union has held a ballot in respect of the action—
- (i) in relation to which the requirements of section 226B so far as applicable before and during the holding of the ballot were satisfied,
- (ii) in relation to which the requirements of sections 227 to 231 were satisfied,...
- (iia) in which at least 50% of those who were entitled to vote in the ballot did so, and
- (iii) in which the majority voting in the ballot answered “Yes" to the question applicable in accordance with section 229(2) to industrial action of the kind to which the act of inducement relates;
- (b) such of the requirements of the following sections as have fallen to be satisfied at the relevant time have been satisfied, namely—
- (i) section 226B so far as applicable after the holding of the ballot, and
- (ii) section 231B; . . .
- (bb) section 232A does not prevent the industrial action from being regarded as having the support of the ballot; and
- (c) the requirements of section 233 (calling of industrial action with support of ballot) are satisfied.
Any reference in this subsection to a requirement of a provision which is disapplied or modified by section 232 has effect subject to that section.
- (2A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (2B) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (2C) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (2D) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (2E) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (2EA) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (2F) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (3) Where separate workplace ballots are held by virtue of section 228(1)—
- (a) industrial action shall be regarded as having the support of a ballot if the conditions specified in subsection (2) are satisfied, and
- (b) the trade union shall be taken to have complied with the requirements relating to a ballot imposed by section 226A if those requirements are complied with,
in relation to the ballot for the place of work of the person induced to take part, or continue to take part, in the industrial action.
- (3A) If the requirements of section 231A fall to be satisfied in relation to an employer, as respects that employer industrial action shall not be regarded as having the support of a ballot unless those requirements are satisfied in relation to that employer.
- (4) For the purposes of this section an inducement, in relation to a person, includes an inducement which is or would be ineffective, whether because of his unwillingness to be influenced by it or for any other reason.
#### Entitlement to vote in ballot
##### 227
- (1) Entitlement to vote in the ballot must be accorded equally to all the members of the trade union who it is reasonable at the time of the ballot for the union to believe will be induced by the union to take part or, as the case may be, to continue to take part in the industrial action in question, and to no others.
- (2) The requirement in subsection (1) shall be taken not to have been satisfied if any person who was a member of the trade union at the time when the ballot was held and was denied entitlement to vote in the ballot is induced by the union to take part or, as the case may be, to continue to take part in the industrial action.
#### Separate workplace ballots
##### 228
- (1) Subject to subsection (2), this section applies if the members entitled to vote in a ballot by virtue of section 227 do not all have the same workplace.
- (2) This section does not apply if the union reasonably believes that all those members have the same workplace.
- (3) Subject to section 228A, a separate ballot shall be held for each workplace; and entitlement to vote in each ballot shall be accorded equally to, and restricted to, members of the union who—
- (a) are entitled to vote by virtue of section 227, and
- (b) have that workplace.
- (4) In this section and section 228A “*workplace*” in relation to a person who is employed means—
- (a) if the person works at or from a single set of premises, those premises, and
- (b) in any other case, the premises with which the person’s employment has the closest connection.
#### Voting paper
##### 229
- (1) The method of voting in a ballot must be by the marking of a voting paper by the person voting.
- (1A) Each voting paper must—
- (a) state the name of the independent scrutineer,
- (b) clearly specify the address to which, and the date by which, it is to be returned,
- (c) be given one of a series of consecutive whole numbers every one of which is used in giving a different number in that series to each voting paper printed or otherwise produced for the purposes of the ballot, and
- (d) be marked with its number.
This subsection, in its application to a ballot in which merchant seamen to whom section 230(2A) applies are entitled to vote, shall have effect with the substitution, for the reference to the address to which the voting paper is to be returned, of a reference to the ship to which the seamen belong.
- (2) The voting paper must contain at least one of the following questions—
- (a) a question (however framed) which requires the person answering it to say, by answering “Yes" or “No", whether he is prepared to take part or, as the case may be, to continue to take part in a strike;
- (b) a question (however framed) which requires the person answering it to say, by answering “Yes" or “No", whether he is prepared to take part or, as the case may be, to continue to take part in industrial action short of a strike.
- (2A) For the purposes of subsection (2) an overtime ban and a call-out ban constitute industrial action short of a strike.
- (2B) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (2C) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (2D) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (3) The voting paper must specify who, in the event of a vote in favour of industrial action, is authorised for the purposes of section 233 to call upon members to take part or continue to take part in the industrial action.
The person or description of persons so specified need not be authorised under the rules of the union but must be within section 20(2) (persons for whose acts the union is taken to be responsible).
- (4) The following statement must (without being qualified or commented upon by anything else on the voting paper) appear on every voting paper—
“If you take part in a strike or other industrial action, you may be in breach of your contract of employment."
#### Conduct of ballot
##### 230
- (1) Every person who is entitled to vote in the ballot must—
- (a) be allowed to vote without interference from, or constraint imposed by, the union or any of its members, officials or employees, and
- (b) so far as is reasonably practicable, be enabled to do so without incurring any direct cost to himself.
- (2) Except as regards persons falling within subsection (2A), so far as is reasonably practicable, every person who is entitled to vote in the ballot must—
- (a) have a voting paper sent to him by post at his home address or any other address which he has requested the trade union in writing to treat as his postal address; and
- (b) be given a convenient opportunity to vote by post.
- (2A) Subsection (2B) applies to a merchant seaman if the trade union reasonably believes that—
- (a) he will be employed in a ship either at sea or at a place outside Great Britain at some time in the period during which votes may be cast, and
- (b) it will be convenient for him to receive a voting paper and to vote while on the ship or while at a place where the ship is rather than in accordance with subsection (2).
- (2B) Where this subsection applies to a merchant seaman he shall, if it is reasonably practicable—
- (a) have a voting paper made available to him while on the ship or while at a place where the ship is, and
- (b) be given an opportunity to vote while on the ship or while at a place where the ship is.
- (2C) In subsections (2A) and (2B) “*merchant seaman*” means a person whose employment, or the greater part of it, is carried out on board sea-going ships.
- (4) A ballot shall be conducted so as to secure that—
- (a) so far as is reasonably practicable, those voting do so in secret, and
- (b) the votes given in the ballot are fairly and accurately counted.
For the purposes of paragraph (b) an inaccuracy in counting shall be disregarded if it is accidental and on a scale which could not affect the result of the ballot.
#### Information as to result of ballot
##### 231
As soon as is reasonably practicable after the holding of the ballot, the trade union shall take such steps as are reasonably necessary to ensure that all persons entitled to vote in the ballot are told—
- (a) the number of individuals who were entitled to vote in the ballot,
- (b) the number of votes cast in the ballot,
- (c) the number of individuals answering “Yes” to the question, or as the case may be, to each question,
- (d) the number of individuals answering “No” to the question, or as the case may be, to each question,
- (e) the number of spoiled or otherwise invalid voting papers returned, and
- (f) whether or not the number of votes cast in the ballot is at least 50% of the number of individuals who were entitled to vote in the ballot, ...
- (g) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Balloting of overseas members
##### 232
- (1) A trade union which has overseas members may choose whether or not to accord any of those members entitlement to vote in a ballot; and nothing in section 226B to 230 and 231B applies in relation to an overseas member or a vote cast by such a member.
- (2) Where overseas members have voted in the ballot—
- (a) the references in sections 231 and 231A to persons entitled to vote in the ballot do not include overseas members, and
- (b) those sections shall be read as requiring the information mentioned in section 231 to distinguish between overseas members and other members.
- (3) An “*overseas member*” of a trade union means a member (other than a merchant seaman or offshore worker) who is outside Great Britain throughout the period during which votes may be cast.
For this purpose—
@@ -2563,4242 +5723,1180 @@
- “*offshore worker*” means a person in offshore employment, other than one who is in such employment in an area where the law of Northern Ireland applies.
#### Appeals from Certification Officer
##### 95
An appeal lies to the Employment Appeal Tribunal on any question arising in proceedings before or arising from any decision of the Certification Officer under this Chapter.
#### Meaning of “date of the ballot”
##### 96
In this Chapter the “*date of the ballot*” means, in the case of a ballot in which votes may be cast on more than one day, the last of those days.
### Chapter VII — Amalgamations and similar matters
### Amalgamation or transfer of engagements
#### Amalgamation or transfer of engagements
##### 97
- (1) Two or more trade unions may amalgamate and become one trade union, with or without a division or dissolution of the funds of any one or more of the amalgamating unions, but shall not do so unless—
- (a) the instrument of amalgamation is approved in accordance with section 98, and
- (b) the requirements of section 99 (notice to members) and section 100 (resolution to be passed by required majority on ballot held in accordance with sections 100A to 100E) are complied with in respect of each of the amalgamating unions.
- (2) A trade union may transfer its engagements to another trade union which undertakes to fulfil those engagements, but shall not do so unless—
- (a) the instrument of transfer is approved in accordance with section 98, and
- (b) the requirements of section 99 (notice to members) and section 100 (resolution to be passed by required majority on ballot held in accordance with sections 100A to 100E) are complied with in respect of the transferor union.
- (3) An amalgamation or transfer of engagements does not prejudice any right of any creditor of any trade union party to the amalgamation or transfer.
- (4) The above provisions apply to every amalgamation or transfer of engagements notwithstanding anything in the rules of any of the trade unions concerned.
#### Approval of instrument of amalgamation or transfer
##### 98
- (1) The instrument of amalgamation or transfer must be approved by the Certification Officer and shall be submitted to him for approval before a ballot of the members of any amalgamating union, or (as the case may be) of the transferor union, is held on the resolution to approve the instrument.
- (2) If the Certification Officer is satisfied—
- (a) that an instrument of amalgamation complies with the requirements of any regulations in force under this Chapter, and
- (b) that he is not prevented from approving the instrument of amalgamation by subsection (3),
he shall approve the instrument.
- (3) The Certification Officer shall not approve an instrument of amalgamation if it appears to him that the proposed name of the amalgamated union is the same as the name under which another organisation—
- (a) was on 30th September 1971 registered as a trade union under the Trade Union Acts 1871 to 1964,
- (b) was at any time registered as a trade union or employers' association under the Industrial Relations Act 1971, or
- (c) is for the time being entered in the list of trade unions or in the list of employers' associations,
or if the proposed name is one so nearly resembling any such name as to be likely to deceive the public.
- (4) Subsection (3) does not apply if the proposed name is the name of one of the amalgamating unions.
- (5) If the Certification Officer is satisfied that an instrument of transfer complies with the requirements of any regulations in force under this Chapter, he shall approve the instrument.
#### Notice to be given to members
##### 99
- (1) The trade union shall take all reasonable steps to secure that every voting paper which is supplied for voting in the ballot on the resolution to approve the instrument of amalgamation or transfer is accompanied by a notice in writing approved for the purpose by the Certification Officer.
- (2) The notice shall be in writing and shall either—
- (a) set out in full the instrument of amalgamation or transfer to which the resolution relates, or
- (b) give an account of it sufficient to enable those receiving the notice to form a reasonable judgment of the main effects of the proposed amalgamation or transfer.
- (3) If the notice does not set out the instrument in full it shall state where copies of the instrument may be inspected by those receiving the notice.
- (3A) The notice shall not contain any statement making a recommendation or expressing an opinion about the proposed amalgamation or transfer.
- (4) The notice shall also comply with the requirements of any regulations in force under this Chapter.
- (5) The notice proposed to be supplied to members of the union under this section shall be submitted to the Certification Officer for approval; and he shall approve it if he is satisfied that it meets the requirements of this section.
#### Resolution approving instrument of amalgamation or transfer
##### 100
- (1) A resolution approving the instrument of amalgamation or transfer must be passed on a ballot of the members of the trade union held in accordance with sections 100A to 100E.
- (2) A simple majority of those voting is sufficient to pass such a resolution unless the rules of the trade union expressly require it to be approved by a greater majority or by a specified proportion of the members of the union.
#### Registration of instrument of amalgamation or transfer
##### 101
- (1) An instrument of amalgamation or transfer shall not take effect before it has been registered by the Certification Officer under this Chapter.
- (2) It shall not be so registered before the end of the period of six weeks beginning with the date on which an application for its registration is sent to the Certification Officer.
- (3) An application for registration of an instrument of amalgamation or transfer shall not be sent to the Certification Officer until section 100E(6) has been complied with in relation to the scrutineer’s report on the ballot held on the resolution to approve the instrument.
#### Power to alter rules of transferee union for purposes of transfer
##### 102
- (1) Where a trade union proposes to transfer its engagements to another trade union and an alteration of the rules of the transferee union is necessary to give effect to provisions in the instrument of transfer, the committee of management or other governing body of that union may by memorandum in writing alter the rules of that union so far as is necessary to give effect to those provisions.
This subsection does not apply if the rules of the trade union expressly provide that this section is not to apply to that union.
- (2) An alteration of the rules of a trade union under subsection (1) shall not take effect unless or until the instrument of transfer takes effect.
- (3) The provisions of subsection (1) have effect, where they apply, notwithstanding anything in the rules of the union.
#### Complaints as regards passing of resolution
##### 103
- (1) A member of a trade union who claims that the union—
- (a) has failed to comply with any of the requirements of sections 99 to 100E, or
- (b) has, in connection with a resolution approving an instrument of amalgamation or transfer, failed to comply with any rule of the union relating to the passing of the resolution,
may complain to the Certification Officer; but the Officer may also exercise the powers under this section where no complaint under this section is made.
- (2) Any complaint must be made before the end of the period of six weeks beginning with the date on which an application for registration of the instrument of amalgamation or transfer is sent to the Certification Officer.
Where a complaint is made, the Certification Officer shall not register the instrument before the complaint is finally determined or is withdrawn.
- (2A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (3) Where the Certification Officer is satisfied that there has been a failure such as is mentioned in paragraph (a) or (b) of subsection (1)—
- (a) he shall make a declaration to that effect, and
- (b) he may make an order specifying the steps which must be taken before he will entertain any application to register the instrument of amalgamation or transfer;
and where he makes such an order, he shall not entertain any application to register the instrument unless he is satisfied that the steps specified in the order have been taken.
An order under this subsection may be varied by the Certification Officer by a further order.
- (3A) Before deciding the matter the Certification Officer—
- (a) may make such enquiries as the Officer thinks fit,
- (b) must give the union and the complainant (if any) an opportunity to make written representations, and
- (c) may give the union and the complainant (if any) an opportunity to make oral representations.
- (4) The Certification Officer shall furnish a statement, orally or in writing, of the reasons for his decision ... under this section.
- (5) The validity of a resolution approving an instrument of amalgamation or transfer shall not be questioned in any legal proceedings whatsoever (except proceedings before the Certification Officer under this section or proceedings arising out of such proceedings) on any ground on which a complaint could be, or could have been, made to the Certification Officer under this section.
- (6) Where the Certification Officer requests a person to furnish information to him in connection with enquiries made by him under this section, he shall specify the date by which that information is to be furnished and, unless he considers that it would be inappropriate to do so, shall proceed with his determination ... notwithstanding that the information has not been furnished to him by the specified date.
- (7) A declaration made by the Certification Officer under this section may be relied on as if it were a declaration made by the court.
- (8) Where an order has been made under this section, any 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 he had made a complaint under this section.
- (9) An order made by the Certification Officer under this section may be enforced in the same way as an order of the court.
#### Appeal from decision of Certification Officer
##### 104
An appeal lies to the Employment Appeal Tribunal, at the instance of the complainant or the trade union, on any question arising in any proceedings before, or arising from any decision of, the Certification Officer under section 103.
#### Transfer of property on amalgamation or transfer
##### 105
- (1) Where an instrument of amalgamation or transfer takes effect, the property held—
- (a) for the benefit of any of the amalgamating unions, or for the benefit of a branch of any of those unions, by the trustees of the union or branch, or
- (b) for the benefit of the transferor trade union, or for the benefit of a branch of the transferor trade union, by the trustees of the union or branch,
shall without any conveyance, assignment or assignation vest, on the instrument taking effect, or on the appointment of the appropriate trustees, whichever is the later, in the appropriate trustees.
- (2) In the case of property to be held for the benefit of a branch of the amalgamated union, or of the transferee union, “*the appropriate trustees*” means the trustees of that branch, unless the rules of the amalgamated or transferee union provide that the property to be so held is to be held by the trustees of the union.
- (3) In any other case “*the appropriate trustees*” means the trustees of the amalgamated or transferee union.
- (4) This section does not apply—
- (a) to property excepted from the operation of this section by the instrument of amalgamation or transfer, or
- (b) to stocks and securities in the public funds of the United Kingdom or Northern Ireland.
#### Amalgamation or transfer involving Northern Ireland union
##### 106
- (1) This Chapter has effect subject to the following modifications in the case of an amalgamation or transfer of engagements to which a trade union and a Northern Ireland union are party.
- (2) The requirements of sections 98 to 100E and 101(3) (approval of instrument, notice to members and ballot on resolution) do not apply in relation to the Northern Ireland union; but the Certification Officer shall not register the instrument under section 101 unless he is satisfied that it will be effective under the law of Northern Ireland.
- (3) The instrument of amalgamation or transfer submitted to the Certification Officer for his approval under section 98 shall state which of the bodies concerned is a Northern Ireland union and, in the case of an amalgamation, whether the amalgamated body is to be a Northern Ireland union; and the Certification Officer shall withhold his approval if the instrument does not contain that information.
- (4) Nothing in section 102 (alteration of rules) or sections 103 and 104 (complaint as to passing of resolution) applies in relation to the Northern Ireland union.
- (5) Subject to the exceptions specified above, the provisions of this Chapter as to amalgamations or transfers of engagements apply in relation to the Northern Ireland union.
### Change of name
#### Change of name of trade union
##### 107
- (1) A trade union may change its name by any method expressly provided for by its rules or, if its rules do not expressly provide for a method of doing so, by adopting in accordance with its rules an alteration of the provision in them which gives the union its name.
- (2) If the name of the trade union is entered in the list of trade unions a change of name shall not take effect until approved by the Certification Officer.
- (3) The Certification Officer shall not approve a change of name if it appears to him that the proposed new name—
- (a) is the same as one entered in the list as the name of another trade union, or
- (b) is the same as one entered in the list of employers’ associations kept under Part II of this Act,
or is a name so nearly resembling such a name as to be likely to deceive the public.
- (4) A change of name by a trade union does not affect any right or obligation of the union or any of its members; and any pending legal proceedings may be continued by or against the union, the trustees of the union or any other officer of the union who can sue or be sued on its behalf notwithstanding its change of name.
- (4) A member who throughout the period during which votes may be cast is in Northern Ireland shall not be treated as an overseas member—
- (a) where the ballot is one to which section 228(1) or (2) applies (workplace ballots) and his place of work is in Great Britain, or
- (b) where the ballot is one to which section 228(3) applies (general ballots) and relates to industrial action involving members both in Great Britain and in Northern Ireland.
- (5) In relation to offshore employment the references in subsection (4) to Northern Ireland include any area where the law of Northern Ireland applies and the references to Great Britain include any area where the law of England and Wales or Scotland applies.
#### Calling of industrial action with support of ballot
##### 233
- (1) Industrial action shall be regarded as having the support of a ballot only if—
- (a) it is called by a person specified or of a description specified in the voting paper for the ballot in accordance with section 229(3), and
- (b) there was no call by the trade union to take part or continue to take part in industrial action to which the ballot relates, or any authorisation or endorsement by the union of any such industrial action, before the date of the ballot.
- (4) For the purposes of this section a call shall be taken to have been made by a trade union if it was authorised or endorsed by the union; and the provisions of section 20(2) to (4) apply for the purpose of determining whether a call, or industrial action, is to be taken to have been so authorised or endorsed.
#### Period after which ballot ceases to be effective
##### 234
- (1) Industrial action that is regarded as having the support of a ballot shall cease to be so regarded at the end of the period of 12 months beginning with the date of the ballot.
- (1A) Subsection (1) has effect—
- (a) without prejudice to the possibility of the industrial action getting the support of a fresh ballot; and
- (b) subject to the following provisions.
- (2) Where for the whole or part of that period the calling or organising of industrial action is prohibited—
- (a) by virtue of a court order which subsequently lapses or is discharged, recalled or set aside, or
- (b) by virtue of an undertaking given to a court by any person from which he is subsequently released or by which he ceases to be bound,
the trade union may apply to the court for an order that the period during which the prohibition had effect shall not count towards the period referred to in subsection (1).
- (3) The application must be made forthwith upon the prohibition ceasing to have effect—
- (a) to the court by virtue of whose decision it ceases to have effect, or
- (b) where an order lapses or an undertaking ceases to bind without any such decision, to the court by which the order was made or to which the undertaking was given;
...
- (4) The court shall not make an order if it appears to the court—
- (a) that the result of the ballot no longer represents the views of the union members concerned, or
- (b) that an event is likely to occur as a result of which those members would vote against industrial action if another ballot were to be held.
- (5) No appeal lies from the decision of the court to make or refuse an order under this section.
- (6) The period between the making of an application under this section and its determination does not count towards the period referred to in subsection (1).
...
#### Construction of references to contract of employment
##### 235
In sections 226 to 234A references to a contract of employment include any contract under which one person personally does work or performs services for another; and “employer" and other related expressions shall be construed accordingly.
### No compulsion to work
#### No compulsion to work
##### 236
No court shall, whether by way of—
- (a) an order for specific performance or specific implement of a contract of employment, or
- (b) an injunction or interdict restraining a breach or threatened breach of such a contract,
compel an employee to do any work or attend at any place for the doing of any work.
### Loss of unfair dismissal protection
#### Dismissal of those taking part in unofficial industrial action
##### 237
- (1) An employee has no right to complain of unfair dismissal if at the time of dismissal he was taking part in an unofficial strike or other unofficial industrial action.
- (1A) Subsection (1) does not apply to the dismissal of the employee if it is shown that the reason (or, if more than one, the principal reason) for the dismissal or, in a redundancy case, for selecting the employee for dismissal was one of those specified in or under—.
- (a) section 98B, 99, 100, 101A(d), 103 , 103A, 104C , 104D or 104E of the Employment Rights Act 1996 (dismissal in jury service, family, health and safety, working time, employee representative, protected disclosure, flexible working , pension scheme membership, and study and training cases),
- (b) section 104 of that Act in its application in relation to time off under section 57A of that Act (dependants);; and a reference to a specified reason for dismissal includes a reference to specified circumstances of dismissal
- (2) A strike or other industrial action is unofficial in relation to an employee unless—
- (a) he is a member of a trade union and the action is authorised or endorsed by that union, or
- (b) he is not a member of a trade union but there are among those taking part in the industrial action members of a trade union by which the action has been authorised or endorsed.
- (3) The provisions of section 20(2) apply for the purpose of determining whether industrial action is to be taken to have been authorised or endorsed by a trade union.
- (4) The question whether industrial action is to be so taken in any case shall be determined by reference to the facts as at the time of dismissal.
- (5) In this section the “*time of dismissal*” means—
- (a) where the employee’s contract of employment is terminated by notice, when the notice is given,
- (b) where the employee’s contract of employment is terminated without notice, when the termination takes effect, and
- (c) where the employee is employed under a contract for a fixed term which expires without being renewed under the same contract, when that term expires;
and a “*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.
- (6) For the purposes of this section membership of a trade union for purposes unconnected with the employment in question shall be disregarded; but an employee who was a member of a trade union when he began to take part in industrial action shall continue to be treated as a member for the purpose of determining whether that action is unofficial in relation to him or another notwithstanding that he may in fact have ceased to be a member.
#### Dismissals in connection with other industrial action
##### 238
- (1) This section applies in relation to an employee who has a right to complain of unfair dismissal (the “*complainant*”) and who claims to have been unfairly dismissed, where at the date of the dismissal—
- (a) the employer was conducting or instituting a lock-out, or
- (b) the complainant was taking part in a strike or other industrial action.
- (2) In such a case an employment tribunal shall not determine whether the dismissal was fair or unfair unless it is shown—
- (a) that one or more relevant employees of the same employer have not been dismissed, or
- (b) that a relevant employee has before the expiry of the period of three months beginning with the date of his dismissal been offered re-engagement and that the complainant has not been offered re-engagement.
- (2A) Subsection (2) does not apply to the dismissal of the employee if it is shown that the reason (or, if more than one, the principal reason) for the dismissal or, in a redundancy case, for selecting the employee for dismissal was one of those specified in or under—.
- (a) section 98B, 99, 100, 101A(d) , 103, 104C , 104D or 104E of the Employment Rights Act 1996 (dismissal in jury service, family, health and safety, working time , employee representative, flexible working , pension scheme membership, and study and training cases),
- (b) section 104 of that Act in its application in relation to time off under section 57A of that Act (dependants);; and a reference to a specified reason for dismissal includes a reference to specified circumstances of dismissal
- (2B) Subsection (2) does not apply in relation to an employee who is regarded as unfairly dismissed by virtue of section 238A below.
- (3) For this purpose “*relevant employees*” means—
- (a) in relation to a lock-out, employees who were directly interested in the dispute in contemplation or furtherance of which the lock-out occurred, and
- (b) in relation to a strike or other industrial action, those employees at the establishment of the employer at or from which the complainant works who at the date of his dismissal were taking part in the action.
Nothing in section 237 (dismissal of those taking part in unofficial industrial action) affects the question who are relevant employees for the purposes of this section.
- (4) An offer of re-engagement means an offer (made either by the original employer or by a successor of that employer or an associated employer) to re-engage an employee, either in the job which he held immediately before the date of dismissal or in a different job which would be reasonably suitable in his case.
- (5) In this section “*date of dismissal*” means—
- (a) where the employee’s contract of employment was terminated by notice, the date on which the employer’s notice was given, and
- (b) in any other case, the effective date of termination.
#### Supplementary provisions relating to unfair dismissal
##### 239
- (1) Sections 237 to 238A(loss of unfair dismissal protection in connection with industrial action) shall be construed as one with Part X of the Employment Rights Act 1996 (unfair dismissal) ; but sections 108 and 109 of that Act (qualifying period and age limit) shall not apply in relation to section 238A of this Act..
- (2) In relation to a complaint to which section 238 or 238A applies, section 111(2) of that Act (time limit for complaint) does not apply, but an employment tribunal shall not consider the complaint unless it is presented to the tribunal—
- (a) before the end of the period of six months beginning with the date of the complainant’s dismissal (as defined by section 238(5)), 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 the tribunal considers reasonable.
- (3) Where it is shown that the condition referred to in section 238(2)(b) is fulfilled (discriminatory re-engagement), the references in—
- (a) sections 98 to 106 of the Employment Rights Act 1996, and
- (b) sections 152 and 153 of this Act,
to the reason or principal reason for which the complainant was dismissed shall be read as references to the reason or principal reason he has not been offered re-engagement.
- (4) In relation to a complaint under section 111 of the 1996 Act (unfair dismissal: complaint to employment tribunal) that a dismissal was unfair by virtue of section 238A of this Act—
- (a) no order shall be made under section 113 of the 1996 Act (reinstatement or re-engagement) until after the conclusion of protected industrial action by any employee in relation to the relevant dispute,
- (b) regulations under section 7 of the Employment Tribunals Act 1996 may make provision about the adjournment and renewal of applications (including provision requiring adjournment in specified circumstances), and
- (c) regulations under section 9 of that Act may require a pre-hearing review to be carried out in specified circumstances.
### Criminal offences
#### Breach of contract involving injury to persons or property
##### 240
- (1) A person commits an offence who wilfully and maliciously breaks a contract of service or hiring, knowing or having reasonable cause to believe that the probable consequences of his so doing, either alone or in combination with others, will be—
- (a) to endanger human life or cause serious bodily injury, or
- (b) to expose valuable property, whether real or personal, to destruction or serious injury.
- (2) Subsection (1) applies equally whether the offence is committed from malice conceived against the person endangered or injured or, as the case may be, the owner of the property destroyed or injured, or otherwise.
- (3) A person guilty of an offence under this section is liable on summary conviction to imprisonment for a term not exceeding three months or to a fine not exceeding level 2 on the standard scale or both.
- (4) This section does not apply to seamen.
#### Intimidation or annoyance by violence or otherwise
##### 241
- (1) A person commits an offence who, with a view to compelling another person to abstain from doing or to do any act which that person has a legal right to do or abstain from doing, wrongfully and without legal authority—
- (a) uses violence to or intimidates that person or his spouse or civil partner or children, or injures his property,
- (b) persistently follows that person about from place to place,
- (c) hides any tools, clothes or other property owned or used by that person, or deprives him of or hinders him in the use thereof,
- (d) watches or besets the house or other place where that person resides, works, carries on business or happens to be, or the approach to any such house or place, or
- (e) follows that person with two or more other persons in a disorderly manner in or through any street or road.
- (2) A person guilty of an offence under this section is liable on summary conviction to imprisonment for a term not exceeding six months or a fine not exceeding level 5 on the standard scale, or both.
- (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Restriction of offence of conspiracy: England and Wales
##### 242
- (1) Where in pursuance of any such agreement as is mentioned in section 1(1) of the Criminal Law Act 1977 (which provides for the offence of conspiracy) the acts in question in relation to an offence are to be done in contemplation or furtherance of a trade dispute, the offence shall be disregarded for the purposes of that subsection if it is a summary offence which is not punishable with imprisonment.
- (2) This section extends to England and Wales only.
#### Restriction of offence of conspiracy: Scotland
##### 243
- (1) An agreement or combination by two or more persons to do or procure to be done an act in contemplation or furtherance of a trade dispute is not indictable as a conspiracy if that act committed by one person would not be punishable as a crime.
- (2) A crime for this purpose means an offence punishable on indictment, or an offence punishable on summary conviction, and for the commission of which the offender is liable under the statute making the offence punishable to be imprisoned either absolutely or at the discretion of the court as an alternative for some other punishment.
- (3) Where a person is convicted of any such agreement or combination as is mentioned above to do or procure to be done an act which is punishable only on summary conviction, and is sentenced to imprisonment, the imprisonment shall not exceed three months or such longer time as may be prescribed by the statute for the punishment of the act when committed by one person.
- (4) Nothing in this section—
- (a) exempts from punishment a person guilty of a conspiracy for which a punishment is awarded by an Act of Parliament, or
- (b) affects the law relating to riot, unlawful assembly, breach of the peace, or sedition or any offence against the State or the Sovereign.
- (5) This section extends to Scotland only.
### Supplementary
#### General power to make regulations
##### 108
- (1) The Secretary of State may make regulations as respects—
- (a) applications to the Certification Officer under this Chapter,
- (b) the registration under this Chapter of any document or matter,
- (c) the inspection of documents kept by the Certification Officer under this Chapter,
- (d) the charging of fees in respect of such matters, and of such amounts, as may with the approval of the Treasury be prescribed by the regulations,
and generally for carrying this Chapter into effect.
- (2) Provision may in particular be made—
- (a) requiring an application for the registration of an instrument of amalgamation or transfer, or of a change of name, to be accompanied by such statutory declarations or other documents as may be specified in the regulations;
- (b) as to the form or content of any document required by this Chapter, or by the regulations, to be sent or submitted to the Certification Officer and as to the manner in which any such document is to be signed or authenticated;
- (c) authorising the Certification Officer to require notice to be given or published in such manner as he may direct of the fact that an application for registration of an instrument of amalgamation or transfer has been or is to be made to him.
- (3) Regulations under this section may make different provision for different circumstances.
- (4) Regulations under this section shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.
### Chapter VIII — . . .
#### Proceedings in relation to which assistance may be provided
##### 109
- (1) This Chapter applies to proceedings or prospective proceedings to the extent that they consist in, or arise out of—
- (a) an application to the court under section 15(3) (application for order authorising member to take or continue proceedings on behalf of trade union) or any other proceedings brought by virtue of that section;
- (b) an application to the court under section 16 (remedy against trustees for unlawful use of trade union property);
- (c) an application to the court under section 26 (remedy for failure to maintain register of members or secure confidentiality);
- (d) an application to the court under section 31 (remedy for failure to comply with request for access to trade union’s accounting records);
- (da) an application to the court under section 45C (remedy for failure to comply with duty to secure positions not held by certain offenders);
- (e) an application to the court under section 56 (remedy for failure to comply with requirements as to election for office);
- (f) an application to the court under section 62 (application for order where industrial action does not have support of ballot);
- (g) proceedings brought by virtue of section 71 (restriction on use of funds for political objects) with respect to the unlawful application of the funds of a trade union;
- (h) an application to the court under section 81 (remedy for failure to comply with requirements as to political ballot).
- (2) This Chapter applies to proceedings or prospective proceedings to the extent that they consist in, or arise out of, proceedings in the High Court or the Court of Session with respect to an alleged breach or threatened breach of the rules of a trade union relating to any of the following matters—
- (a) the appointment or election of a person to, or the removal of a person from, any office;
- (b) disciplinary proceedings by the union (including expulsion);
- (c) the authorising or endorsing of industrial action;
- (d) the balloting of members;
- (e) the application of the union’s funds or property;
- (f) the imposition, collection or distribution of any levy for the purposes of industrial action;
- (g) the constitution or proceedings of any committee, conference or other body.
The reference above to the rules of a trade union includes the rules of any branch or section of the trade union; and in paragraph (a) “*office*” includes any position by virtue of which a person is an official in relation to the trade union or is entitled to attend as a representative any meeting concerned with union business.
- (3) This Chapter also applies to proceedings or prospective proceedings to the extent that they consist in, or arise out of such other proceedings against a trade union, an official of a trade union or the trustees of the property of a trade union as may be specified in an order made by the Secretary of State.
Any order shall be made by statutory instrument; and no such order shall be made unless a draft of it has been laid before and approved by resolution of each House of Parliament.
#### Application for assistance: its consideration
##### 110
- (1) An individual who is an actual or prospective party to proceedings to which this Chapter applies may apply to the Commissioner for the Rights of Trade Union Members (in this Chapter referred to as “*the Commissioner*”) for assistance in relation to the proceedings, and the Commissioner shall, as soon as reasonably practicable after receiving the application, consider it and decide whether and to what extent to grant it.
- (2) The matters to which the Commissioner may have regard in determining whether, and to what extent, to grant an application include—
- (a) whether the case raises a question of principle,
- (b) whether it is unreasonable, having regard to the complexity of the case, to expect the applicant to deal with it unaided, and
- (c) whether, in the Commissioner’s opinion, the case involves a matter of substantial public interest.
- (3) In the case of an application made by virtue of section 109(1)(c), (e) or (h) (failure to maintain register of members or to comply with requirements as to election or political ballot), if—
- (a) the Certification Officer has already made a declaration with respect to the subject-matter of the proceedings or prospective proceedings, and
- (b) it appears to the Commissioner that the applicant would (if assisted) have a reasonable prospect of securing the making of an enforcement order in the proceedings,
the Commissioner shall grant the application to the extent he considers necessary for securing that, so far as reasonably practicable, all the steps he considers appropriate (including, where appropriate, the holding of another ballot or election) are taken by the trade union for the purpose of remedying the declared failure and of ensuring that a failure of the same or a similar kind does not occur in future.
- (4) The Commissioner shall not grant an application made by virtue of section 109(2) (proceedings arising out of breach of rules) unless it appears to him—
- (a) that the breach of rules in question affects, or may affect, members of the union other than the applicant, or
- (b) that similar breaches of the rules have been or may be committed in relation to other members of the union.
- (5) If the Commissioner decides not to provide assistance, he shall, as soon as reasonably practicable after making the decision, notify the applicant of his decision and, if he thinks fit, of the reasons for it.
#### Provision of assistance
##### 111
- (1) If the Commissioner decides to provide assistance, he shall, as soon as reasonably practicable after making the decision—
- (a) notify the applicant, stating the extent of the assistance to be provided, and
- (b) give him a choice, subject to any restrictions specified in the notification, as to the financial arrangements to be made in connection with the provision of the assistance.
- (2) The assistance provided may include the making of arrangements for, or for the Commissioner to bear the costs of—
- (a) the giving of advice or assistance by a solicitor or counsel, and
- (b) the representation of the applicant, or the provision to him of such assistance as is usually given by a solicitor or counsel—
- (i) in steps preliminary or incidental to the proceedings, or
- (ii) in arriving at or giving effect to a compromise to avoid or bring an end to the proceedings.
- (3) Where assistance is provided with respect to the conduct of proceedings—
- (a) it shall include an agreement by the Commissioner to indemnify the applicant (subject only to any exceptions specified in the notification) in respect of any liability to pay costs or expenses arising by virtue of any judgment or order of the court in the proceedings,
- (b) it may include an agreement by the Commissioner to indemnify the applicant in respect of any liability to pay costs or expenses arising by virtue of any compromise or settlement arrived at in order to avoid the proceedings or bring the proceedings to an end, and
- (c) it may include an agreement by the Commissioner to indemnify the applicant in respect of any liability to pay damages pursuant to an undertaking given on the grant of interlocutory relief (in Scotland, an interim order) to the applicant.
- (4) Where the Commissioner provides assistance in relation to any proceedings, he shall do so on such terms, or make such other arrangements, as will secure that a person against whom the proceedings have been or are commenced is informed that assistance has been or is being provided by the Commissioner in relation to them.
- (5) In England and Wales, the recovery of expenses incurred by the Commissioner in providing an applicant with assistance (as taxed or assessed in such manner as may be prescribed by rules of court) shall constitute a first charge for the benefit of the Commissioner—
- (a) on any costs which, by virtue of any judgment or order of the court, are payable to the applicant by any other person in respect of the matter in connection with which the assistance is provided, and
- (b) on any sum payable to the applicant under a compromise or settlement arrived at in connection with that matter to avoid or bring proceedings to an end.
- (6) In Scotland, the recovery of such expenses (as taxed or assessed in such manner as may be prescribed by rules of court) shall be paid to the Commissioner, in priority to other debts—
- (a) out of any expenses which, by virtue of any judgment or order of the court, are payable to the applicant by any other person in respect of the matter in connection with which the assistance is provided, and
- (b) out of any sum payable to the applicant under a compromise or settlement arrived at in connection with that matter to avoid or bring proceedings to an end.
#### Title of proceedings where assistance provided
##### 112
- (1) Where a person is receiving assistance in relation to proceedings, there shall, if he so wishes, be added after his name in the title of the proceedings the words “(assisted by the Commissioner for the Rights of Trade Union Members)".
- (2) The addition of those words shall not be construed as making the Commissioner a party to the proceedings or as liable to be treated as a party for any purpose; and the omission of those words shall be treated as an irregularity only and shall not nullify the proceedings, any step taken in the proceedings or any document, judgment or order therein.
#### Recovery of sums paid in case of fraud
##### 113
- (1) Where the Commissioner grants an application to a person who for the purposes of the application—
- (a) has made a statement which he knew to be false in a material particular, or
- (b) has recklessly made a statement which was false in a material particular,
he is entitled to recover from that person any sums paid by him to that person, or to any other person, by way of assistance.
- (2) This does not affect the power of the Commissioner to enter into any agreement he thinks fit as to the terms on which assistance is provided.
#### Supplementary provisions
##### 114
- (1) Nothing in this Chapter affects the law and practice regulating the descriptions of persons who may appear in, conduct, defend and address the court in any proceedings.
- (2) The power of the Commissioner to provide assistance to a prospective applicant to the court under section 26, 56 or 81 (under which applications may be made either to the court or to the Certification Officer, and in certain cases to both) does not entitle the Commissioner to provide assistance with the making of an application to the Certification Officer.
- (3) In this Chapter “*applicant*”, in relation to assistance under this Chapter, means the individual on whose application the assistance is provided.
### Chapter IX — Miscellaneous and general provisions
### Further provisions with respect to ballots
#### Payments towards expenditure in connection with secret ballots
##### 115
#### Use of employer’s premises for secret ballot
##### 116
### Exceptions and adaptations for certain bodies
#### Special register bodies
##### 117
- (1) In this section a “*special register body*” means an organisation whose name appeared in the special register maintained under section 84 of the Industrial Relations Act 1971 immediately before 16 September 1974, and which is a company registered under the Companies Act 2006 or is incorporated by charter or letters patent.
- (2) The provisions of this Part apply to special register bodies as to other trade unions, subject to the following exceptions and adaptations.
- (3) In Chapter II (status and property of trade unions)—
- (a) in section 10 (quasi-corporate status of trade unions)—
- (i) subsections (1) and (2) (prohibition on trade union being incorporated) do not apply, and
- (ii) subsection (3) (prohibition on registration under certain Acts) does not apply so far as it relates to registration as a company under the Companies Act 2006;
- (b) section 11 (exclusion of common law rules as to restraint of trade) applies to the purposes or rules of a special register body only so far as they relate to the regulation of relations between employers or employers’ associations and workers;
- (c) sections 12 to 14 (vesting of property in trustees; transfer of securities) do not apply; and
- (d) in section 20 (liability of trade union in certain proceedings in tort) in subsection (7) the reference to the contract between a member and the other members shall be construed as a reference to the contract between a member and the body.
- (4) Sections 33 to 35 (appointment and removal of auditors) do not apply to a special register body which is registered as a company under the Companies Act 2006; and sections 36 and 37 (rights and duties of auditors) apply to the auditors appointed by such a body under Chapter 2 of Part 16 of that Act.
- (5) Sections 45B and 45C (disqualification) and Chapter IV (elections) apply only to—
- (a) the position of voting member of the executive, and
- (b) any position by virtue of which a person is a voting member of the executive.
In this subsection “*voting member of the executive*” has the meaning given by section 46(5).
#### Federated trade unions
##### 118
- (1) In this section a “*federated trade union*” means a trade union which consists wholly or mainly of constituent or affiliated organisations, or representatives or such organisations, as described in paragraph (b) of the definition of “*trade union*” in section 1.
- (2) The provisions of this Part apply to federated trade unions subject to the following exceptions and adaptations.
- (3) For the purposes of section 22 (limit on amount of damages) as it applies to a federated trade union, the members of such of its constituent or affiliated organisations as have their head or main office in Great Britain shall be treated as members of the union.
- (4) The following provisions of Chapter III (trade union administration) do not apply to a federated trade union which consists wholly or mainly of representatives of constituent or affiliated organisations—
- (a) section 27 (duty to supply copy of rules),
- (b) section 28 (duty to keep accounting records),
- (c) sections 32 to 37 (annual return, statement for members, accounts and audit), . . .
- (ca) sections 37A to 37E (investigation of financial affairs), and
- (d) sections 38 to 42 (members’ superannuation schemes).
- (4A) In the case of a federated trade union which, by virtue of subsection (4), is not required to send an annual return to the Certification Officer under section 32, section 24ZA (duty to provide membership audit certificate) applies as if section 32 does apply to the union.
- (5) Sections 29 to 31 (right of member to access to accounting records) do not apply to a federated trade union which has no members other than constituent or affiliated organisations or representatives of such organisations.
- (6) Sections 24 to 26 (register of members’ names and addresses) and Chapter IV (elections for certain trade union positions) do not apply to a federated trade union—
- (a) if it has no individual members other than representatives of constituent or affiliated organisations, or
- (b) if its individual members (other than such representatives) are all merchant seamen and a majority of them are ordinarily resident outside the United Kingdom.
For this purpose “*merchant seaman*” means a person whose employment, or the greater part of it, is carried out on board sea-going ships.
- (7) The provisions of Chapter VI (application of funds for political objects) apply to a trade union which is in whole or part an association or combination of other unions as if the individual members of the component unions were members of that union and not of the component unions.
But nothing in that Chapter prevents a component union from collecting contributions on behalf of the association or combination from such of its members as are contributors to the political fund of the association or combination.
- (8) In the application of section 116A to a federated trade union, subsection (2) of that section shall be omitted.
#### Meaning of “trade dispute” in Part V
##### 244
- (1) In this Part a “*trade dispute*” means a dispute between workers and their employer which relates wholly or mainly to one or more of the following—
- (a) terms and conditions of employment, or the physical conditions in which any workers are required to work;
- (b) engagement or non-engagement, or termination or suspension of employment or the duties of employment, of one or more workers;
- (c) allocation of work or the duties of employment between workers or groups of workers;
- (d) matters of discipline;
- (e) a worker’s membership or non-membership of a trade union;
- (f) facilities for officials of trade unions; and
- (g) machinery for negotiation or consultation, and other procedures, relating to any of the above matters, including the recognition by employers or employers’ associations of the right of a trade union to represent workers in such negotiation or consultation or in the carrying out of such procedures.
- (2) A dispute between a Minister of the Crown and any workers shall, notwithstanding that he is not the employer of those workers, be treated as a dispute between those workers and their employer if the dispute relates to matters which—
- (a) have been referred for consideration by a joint body on which, by virtue of provision made by or under any enactment, he is represented, or
- (b) cannot be settled without him exercising a power conferred on him by or under an enactment.
- (3) There is a trade dispute even though it relates to matters occurring outside the United Kingdom, so long as the person or persons whose actions in the United Kingdom are said to be in contemplation or furtherance of a trade dispute relating to matters occurring outside the United Kingdom are likely to be affected in respect of one or more of the matters specified in subsection (1) by the outcome of the dispute.
- (4) An act, threat or demand done or made by one person or organisation against another which, if resisted, would have led to a trade dispute with that other, shall be treated as being done or made in contemplation of a trade dispute with that other, notwithstanding that because that other submits to the act or threat or accedes to the demand no dispute arises.
- (5) In this section—
- “*employment*” includes any relationship whereby one person personally does work or performs services for another; and
- “*worker*”, in relation to a dispute with an employer, means—a worker employed by that employer; ora person who has ceased to be so employed if his employment was terminated in connection with the dispute or if the termination of his employment was one of the circumstances giving rise to the dispute.
#### Crown employees and contracts
##### 245
Where a person holds any office or employment under the Crown on terms which do not constitute a contract of employment between that person and the Crown, those terms shall nevertheless be deemed to constitute such a contract for the purposes of—
- (a) the law relating to liability in tort of a person who commits an act which—
- (i) induces another person to break a contract, interferes with the performance of a contract or induces another person to interfere with its performance, or
- (ii) consists in a threat that a contract will be broken or its performance interfered with, or that any person will be induced to break a contract or interfere with its performance, and
- (b) the provisions of this or any other Act which refer (whether in relation to contracts generally or only in relation to contracts of employment) to such an act.
#### Minor definitions
##### 246
In this Part—
- “*date of the ballot*” means, in the case of a ballot in which votes may be cast on more than one day, the last of those days;
- ...
- “*strike*” means (except for the purposes of section 229(2) (see section 229(2A)) any concerted stoppage of work;
- “*working hours*”, in relation to a person, means any time when under his contract of employment, or other contract personally to do work or perform services, he is required to be at work.
## Part VI — Administrative provisions
### ACAS
#### ACAS
##### 247
- (1) There shall continue to be a body called the Advisory, Conciliation and Arbitration Service (referred to in this Act as ACAS).
- (2) ACAS is a body corporate of which the corporators are the members of its Council.
- (3) Its functions, and those of its officers and servants, shall be performed on behalf of the Crown, but not so as to make it subject to directions of any kind from any Minister of the Crown as to the manner in which it is to exercise its functions under any enactment.
- (4) For the purposes of civil proceedings arising out of those functions the Crown Proceedings Act 1947 applies to ACAS as if it were a government department and the Crown Suits (Scotland) Act 1857 applies to it as if it were a public department.
- (5) Nothing in section 9 of the Statistics of Trade Act 1947 (restriction on disclosure of information obtained under that Act) shall prevent or penalise the disclosure to ACAS, for the purposes of the exercise of any of its functions, of information obtained under that Act by a government department.
- (6) ACAS shall maintain offices in such of the major centres of employment in Great Britain as it thinks fit for the purposes of discharging its functions under any enactment.
#### The Council of ACAS
##### 248
- (1) ACAS shall be directed by a Council which, subject to the following provisions, shall consist of a chairman and nine ordinary members appointed by the Secretary of State.
- (2) Before appointing those ordinary members of the Council, the Secretary of State shall—
- (a) as to three of them, consult such organisations representing employers as he considers appropriate, and
- (b) as to three of them, consult such organisations representing workers as he considers appropriate.
- (3) The Secretary of State may, if he thinks fit, appoint a further two ordinary members of the Council (who shall be appointed so as to take office at the same time); and before making those appointments he shall—
- (a) as to one of them, consult such organisations representing employers as he considers appropriate, and
- (b) as to one of them, consult such organisations representing workers as he considers appropriate.
- (4) The Secretary of State may appoint up to three deputy chairman who may be appointed from the ordinary members, or in addition to those members.
- (5) The Council shall determine its own procedure, including the quorum necessary for its meetings.
- (6) If the Secretary of State has not appointed a deputy chairman, the Council may choose a member to act as chairman in the absence or incapacity of the chairman.
- (7) The validity of proceedings of the Council is not affected by any vacancy among the members of the Council or by any defect in the appointment of any of them.
#### Terms of appointment of members of Council
##### 249
- (1) The members of the Council shall hold and vacate office in accordance with their terms of appointment, subject to the following provisions.
- (2) . . .
Appointment as chairman, or as deputy chairman, or as an ordinary member of the Council, may be a full-time or part-time appointment; and the Secretary of State may, with the consent of the member concerned, vary the terms of his appointment as to whether his appointment is full-time or part-time.
- (3) A person shall not be appointed to the Council for a term exceeding five years, but previous membership does not affect eligibility for re-appointment.
- (4) A member may at any time resign his membership, and the chairman or a deputy chairman may at any time resign his office as such, by notice in writing to the Secretary of State.
A deputy chairman appointed in addition to the ordinary members of the Council shall on resigning his office as deputy chairman cease to be a member of the Council.
- (5) If the Secretary of State is satisfied that a member—
- (a) has been absent from meetings of the Council for a period longer than six consecutive months without the permission of the Council, or
- (b) has become bankrupt or has had a debt relief order (under Part 7A of the Insolvency Act 1986) made in respect of him or has made an arrangement with his creditors (or, in Scotland, has had his estate sequestrated or has made a trust deed for his creditors or has made and had accepted a composition contract), or
- (c) is incapacitated by physical or mental illness, or
- (d) is otherwise unable or unfit to discharge the functions of a member,
the Secretary of State may declare his office as a member to be vacant and shall notify the declaration in such manner as he thinks fit, whereupon the office shall become vacant.
If the chairman or a deputy chairman ceases to be a member of the Council, he shall also cease to be chairman or, as the case may be, a deputy chairman.
#### Remuneration, &c. of members of Council
##### 250
- (1) ACAS shall pay to the members of its Council such remuneration and travelling and other allowances as may be determined by the Secretary of State.
- (2) The Secretary of State may pay, or make provision for payment, to or in respect of a member of the Council such pension, allowance or gratuity on death or retirement as he may determine.
- (3) Where a person ceases to be the holder of the Council otherwise than on the expiry of his term of office and it appears to the Secretary of State that there are special circumstances which make it right for him to receive compensation, he may make him a payment of such amount he may determine.
- (4) The approval of the Treasury is required for any determination by the Secretary of State under this section.
#### Secretary, officers and staff of ACAS
##### 251
- (1) ACAS may, with the approval of the Secretary of State, appoint a secretary.
The consent of the Secretary of State is required as to his terms and conditions of service.
- (2) ACAS may appoint such other officers and staff as it may determine.
The consent of the Secretary of State is required as to their numbers, manner of appointment and terms and conditions of service.
- (3) The Secretary of State shall not give his consent under subsection (1) or (2) without the approval of the Treasury.
- (4) ACAS shall pay to the Treasury, at such times in each accounting year as may be determined by the Treasury, sums of such amounts as may be so determined as being equivalent to the increase in that year of such liabilities of his as are attributable to the provision of pensions, allowances or gratuities to or in respect of persons who are or have been in the service of ACAS in so far as that increase results from the service of those persons during that accounting year and to the expense to be incurred in administering those pensions, allowances or gratuities.
- (5) The fixing of the common seal of ACAS shall be authenticated by the signature of the secretary of ACAS or some other person authorised by ACAS to act for that purpose.
A document purporting to be duly executed under the seal of ACAS shall be received in evidence and shall, unless the contrary is proved, be deemed to be so executed.
#### General financial provisions
##### 252
- (1) The Secretary of State shall pay to ACAS such sums as are approved by the Treasury and as he considers appropriate for the purpose of enabling ACAS to perform its functions.
- (2) ACAS may pay to—
- (a) persons appointed under section 210(2) (conciliation) who are not officers or servants of ACAS, and
- (b) arbitrators or arbiters appointed by ACAS under any enactment,
such fees and travelling and other allowances as may be determined by the Secretary of State with the approval of the Treasury.
#### Annual report and accounts
##### 253
- (1) ACAS shall as soon as practicable after the end of each financial year make a report to the Secretary of State on its activities during that year.
The Secretary of State shall lay a copy of the report before each House of Parliament and arrange for it to be published.
- (2) ACAS shall keep proper accounts and proper records in relation to the accounts and shall prepare in respect of each financial year a statement of accounts, in such form as the Secretary of State may, with the approval of the Treasury, direct.
- (3) ACAS shall not later than 30th November following the end of the financial year to which the statement relates, send copies of the statement to the Secretary of State and to the Comptroller and Auditor General.
- (4) The Comptroller and Auditor General shall examine, certify and report on each such statement and shall lay a copy of the statement and of his report before each House of Parliament.
### The Certification Officer
#### The Certification Officer
##### 254
- (1) There shall continue to be an officer called the Certification Officer.
- (2) The Certification Officer shall be appointed by the Secretary of State after consultation with ACAS (but is not subject to directions of any kind from any Minister of the Crown as to the manner in which he is to exercise his functions).
- (3) The Certification Officer may appoint one or more assistant certification officers and shall appoint an assistant certification officer for Scotland.
- (4) The Certification Officer may delegate to an assistant certification officer such functions as he thinks appropriate, and in particular may delegate to the assistant certification officer for Scotland such functions as he thinks appropriate in relation to organisations whose principal office is in Scotland.
References to the Certification Officer in enactments relating to his functions shall be construed accordingly.
- (5) ACAS shall provide for the Certification Officer the requisite staff (from among the officers and servants of ACAS) and the requisite accommodation, equipment and other facilities.
- (5A) ... ACAS shall pay to the Certification Officer such sums as he may require for the performance of any of his functions.
- (6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Remuneration, &c. of Certification Officer and assistants
##### 255
- (1) ACAS shall pay to the Certification Officer and any assistant certification officer such remuneration and travelling and other allowances as may be determined by the Secretary of State.
- (2) The Secretary of State may pay, or make provision for payment, to or in respect of the Certification Officer and any assistant certification officer such pension, allowance or gratuity on death or retirement as he may determine.
- (3) Where a person ceases to be the Certification Officer or an assistant certification officer otherwise than on the expiry of his term of office and it appears to the Secretary of State that there are special circumstances which make it right for him to receive compensation, he may make him a payment of such amount he may determine.
- (4) The approval of the Treasury is required for any determination by the Secretary of State under this section.
#### Procedure before the Certification Officer
##### 256
- (1) Except in relation to matters as to which express provision is made by or under an enactment, the Certification Officer may regulate the procedure to be followed—
- (a) on any application or complaint made to him, ...
- (b) where his approval is sought with respect to any matter, or
- (c) determining whether to make a declaration or order under section 24B ... , 45C, 55, 72A, 80, 82 or 103 ....
- (2) He shall in particular make provision about the disclosure, and restriction of the disclosure, of the identity of an individual who has made or is proposing to make any such application or complaint.
- (2A) Provision under subsection (2) shall be such that if the application or complaint relates to a trade union—
- (a) the individual’s identity is disclosed to the union unless the Certification Officer thinks the circumstances are such that it should not be so disclosed;
- (b) the individual’s identity is disclosed to such other persons (if any) as the Certification Officer thinks fit.
- (3) The Secretary of State may, with the consent of the Treasury, make a scheme providing for the payment by the Certification Officer to persons of such sums as may be specified in or determined under the scheme in respect of expenses incurred by them for the purposes of, or in connection with, their attendance at hearings held by him in the course of carrying out his functions.
- (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Custody of documents submitted under earlier legislation
##### 257
- (1) The Certification Officer shall continue to have custody of the annual returns, accounts, copies of rules and other documents submitted for the purposes of—
- (a) the Trade Union Acts 1871 to 1964,
- (b) the Industrial Relations Act 1971, or
- (c) the Trade Union and Labour Relations Act 1974,
of which he took custody under section 9 of the Employment Protection Act 1975.
- (2) He shall keep available for public inspection (either free of charge or on payment of a reasonable charge) at all reasonable hours such of those documents as were available for public inspection in pursuance of any of those Acts.
#### Annual report and accounts
##### 258
- (1) The Certification Officer shall, as soon as practicable after the end of each financial year, make a report of his activities during that year to ACAS and to the Secretary of State.
- (1A) A report under this section shall include details of—
- (a) amounts levied by the Certification Officer by virtue of section 257A in the year in question, and
- (b) how the amounts were determined.
The Secretary of State shall lay a copy of the report before each House of Parliament and arrange for it to be published.
- (2) The accounts prepared by ACAS in respect of any financial year shall show separately any sums disbursed to or on behalf of the Certification Officer in consequence of the provisions of this Part.
### Central Arbitration Committee
#### The Central Arbitration Committee
##### 259
- (1) There shall continue to be a body called the Central Arbitration Committee.
- (2) The functions of the Committee shall be performed on behalf of the Crown, but not so as to make it subject to directions of any kind from any Minister of the Crown as to the manner in which it is to exercise its functions.
- (3) ACAS shall provide for the Committee the requisite staff (from among the officers and servants of ACAS) and the requisite accommodation, equipment and other facilities.
#### The members of the Committee
##### 260
- (1) The Central Arbitration Committee shall consist of members appointed by the Secretary of State.
- (2) The Secretary of State shall appoint a member as chairman, and may appoint a member as deputy chairman or members as deputy chairmen.
- (3) The Secretary of State may appoint as members only persons experienced in industrial relations, and they shall include some persons whose experience is as representatives of employers and some whose experience is as representatives of workers.
- (3A) Before making an appointment under subsection (1) or (2) the Secretary of State shall consult ACAS and may consult other persons.
- (4) At any time when the chairman of the Committee is absent or otherwise incapable of acting, or there is a vacancy in the office of chairman, and the Committee has a deputy chairman or deputy chairmen—
- (a) the deputy chairman, if there is only one, or
- (b) if there is more than one, such of the deputy chairmen as they may agree or in default of agreement as the Secretary of State may direct,
may perform any of the functions of chairman of the Committee.
- (5) At any time when every person who is chairman or deputy chairman is absent or otherwise incapable of acting, or there is no such person, such member of the Committee as the Secretary of State may direct may perform any of the functions of the chairman of the Committee.
- (6) The validity of any proceedings of the Committee shall not be affected by any vacancy among the members of the Committee or by any defect in the appointment of a member of the Committee.
#### Terms of appointment of members of Committee
##### 261
- (1) The members of the Central Arbitration Committee shall hold and vacate office in accordance with their terms of appointment, subject to the following provisions.
- (2) A person shall not be appointed to the Committee for a term exceeding five years, but previous membership does not affect eligibility for re-appointment.
- (3) The Secretary of State may, with the consent of the member concerned, vary the terms of his appointment as to whether he is a full-time or part-time member.
- (4) A member may at any time resign his membership, and the chairman or a deputy chairman may at any time resign his office as such, by notice in writing to the Secretary of State.
- (5) If the Secretary of State is satisfied that a member—
- (a) has become bankrupt or has had a debt relief order (under Part 7A of the Insolvency Act 1986) made in respect of him or has made an arrangement with his creditors (or, in Scotland, has had his estate sequestrated or has made a trust deed for his creditors or has made and had accepted a composition contract), or
- (b) is incapacitated by physical or mental illness, or
- (c) is otherwise unable or unfit to discharge the functions of a member,
the Secretary of State may declare his office as a member to be vacant and shall notify the declaration in such manner as he thinks fit, whereupon the office shall become vacant.
- (6) If the chairman or a deputy chairman ceases to be a member of the Committee, he shall also cease to be chairman or, as the case may be, a deputy chairman.
#### Remuneration, &c. of members of Committee
##### 262
- (1) ACAS shall pay to the members of the Central Arbitration Committee such remuneration and travelling and other allowances as may be determined by the Secretary of State.
- (2) The Secretary of State may pay, or make provision for payment, to or in respect of a member of the Committee such pension, allowance or gratuity on death or retirement as he may determine.
- (3) Where a person ceases to be the holder of the Committee otherwise than on the expiry of his term of office and it appears to the Secretary of State that there are special circumstances which make it right for him to receive compensation, he may make him a payment of such amount he may determine.
- (4) The approval of the Treasury is required for any determination by the Secretary of State under this section.
#### Proceedings of the Committee
##### 263
- (1) For the purpose of discharging its functions in any particular case the Central Arbitration Committee shall consist of the chairman and such other members as the chairman may direct:
- (2) The Committee may, at the discretion of the chairman, where it appears expedient to do so, call in the aid of one or more assessors, and may settle the matter wholly or partly with their assistance.
- (3) The Committee may at the discretion of the chairman sit in private where it appears expedient to do so.
- (4) If in any case the Committee cannot reach a unanimous decision on its award, the chairman shall decide the matter acting with the full powers of an umpire or, in Scotland, an oversman.
- (5) Subject to the above provisions, the Committee shall determine its own procedure.
- (6) Part I of the Arbitration Act 1996 (general provisions as to arbitration) and section 3 of the Administration of Justice (Scotland) Act 1972 (power of arbiter to state case to Court of Session) sections 1 to 15 of and schedule 1 to the Arbitration (Scotland) Act 2010 do not apply to proceedings before the Committee.
- (7) In relation to the discharge of the Committee’s functions under Schedule A1—
- (a) section 263A and subsection (6) above shall apply, and
- (b) subsections (1) to (5) above shall not apply.
#### Awards of the Committee
##### 264
- (1) The Central Arbitration Committee may correct in any award ,or in any decision or declaration of the Committee under Schedule A1, any clerical mistake or error arising from an accidental slip or omission.
- (2) If a question arises as to the interpretation of an award of the Committee or of a decision or declaration of the Committee under Schedule A1,, any party may apply to the Committee for a decision; and the Committee shall decide the question after hearing the parties or, if the parties consent, without a hearing, and shall notify the parties.
- (3) Decisions of the Committee in the exercise of any of its functions shall be published.
#### Annual report and accounts
##### 265
- (1) ACAS shall, as soon as practicable after the end of each financialyear, make a report to the Secretary of State on the activities of the Central Arbitration Committee during that year.
For that purpose the Committee shall, as soon as practicable after the end of each calendar year, transmit to ACAS an account of its activities during that year.
- (2) The accounts prepared by ACAS in respect of any financial year shall show separately any sums disbursed to or on behalf of the Committee in consequence of the provisions of this Part.
### . . .
#### The Commissioner
##### 266
#### Terms of appointment of Commissioner
##### 267
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Remuneration, pension, &c
##### 268
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Staff of the Commissioner
##### 269
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Financial provisions
##### 270
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Annual report and accounts
##### 271
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
### Supplementary
#### Meaning of “financial year”
##### 272
In this Part financial year means the twelve months ending with 31st March.
## Part VII — Miscellaneous and general
### Crown employment, etc.
#### Crown employment
##### 273
- (1) The provisions of this Act have effect (except as mentioned below) in relation to Crown employment and persons in Crown employment as in relation to other employment and other workers or employees.
- (2) The following provisions are excepted from subsection (1)—
- (3) In this section Crown employment means employment under or for the purposes of a government department or any officer or body exercising on behalf of the Crown functions conferred by an enactment.
- (4) For the purposes of the provisions of this Act as they apply in relation to Crown employment or persons in Crown employment—
- (a) employee and contract of employment mean a person in Crown employment and the terms of employment of such a person (but subject to subsection (5) below);
- (b) dismissal means the termination of Crown employment;
- (c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (d) the reference in 182(1)(e) (disclosure of information for collective bargaining: restrictions on general duty) to the employer’s undertaking shall be construed as a reference to the national interest; and
- (e) any other reference to an undertaking shall be construed, in relation to a Minister of the Crown, as a reference to his functions or (as the context may require) to the department of which he is in charge, and in relation to a government department, officer or body shall be construed as a reference to the functions of the department, officer or body or (as the context may require) to the department, officer or body.
- (5) Sections 137 to 143 (rights in relation to trade union membership: access to employment) apply in relation to Crown employment otherwise than under a contract only where the terms of employment correspond to those of a contract of employment.
- (6) This section has effect subject to section 274 (armed forces) and section 275 (exemption on grounds of national security).
#### Armed forces
##### 274
- (1) Section 273 (application of Act to Crown employment) does not apply to service as a member of the naval, military or air forces of the Crown.
- (2) But that section applies to employment by an association established for the purposes of Part XI of the Reserve Forces Act 1996 (territorial, auxiliary and reserve forces associations) as it applies to employment for the purposes of a government department.
#### Exemption on grounds of national security
##### 275
- (1) Section 273 (application of Act to Crown employment) does not apply to employment in respect of which there is in force a certificate issued by or on behalf of a Minister of the Crown certifying that employment of a description specified in the certificate, or the employment of a particular person so specified, is (or, at a time specified in the certificate, was) required to be excepted from that section for the purpose of safeguarding national security.
- (2) A document purporting to be such a certificate shall, unless the contrary is proved, be deemed to be such a certificate.
#### Further provision as to Crown application
##### 276
- (1) Section 138 (refusal of service of employment agency on grounds related to union membership), and the other provisions of Part III applying in relation to that section, bind the Crown so far as they relate to the activities of an employment agency in relation to employment to which those provisions apply.
This does not affect the operation of those provisions in relation to Crown employment by virtue of section 273.
- (2) Sections 144 and 145 (prohibition of union membership requirements) and sections 186 and 187 (prohibition of union recognition requirements) bind the Crown.
### House of Lords and House of Commons staff
#### House of Lords staff
##### 277
- (1) The provisions of this Act (except those specified below) apply in relation to employment as a relevant member of the House of Lords staff as in relation to other employment.
- (1A) The following provisions are excepted from subsection (1)—
#### House of Commons staff
##### 278
- (1) The provisions of this Act (except those specified below) apply in relation to employment as a relevant member of the House of Commons staff as in relation to other employment.
- (2) The following provisions are excepted from subsection (1)—
- (2A) Nothing in any rule of law or the law or practice of Parliament prevents a relevant member of the House of Commons staff from bringing a civil employment claim before the court or from bringing before an employment tribunal proceedings of any description which could be brought before such a tribunal by any person who is not such a member.
- (3) In this section relevant member of the House of Commons staff has the same meaning as in section 139 of the Employment Protection (Consolidation) Act 1978.
- civil employment claim means a claim arising out of or relating to a contract of employment or any other contract connected with employment, or a claim in tort arising in connection with a person’s employment; and
- the court means the High Court or the county court.
- (4) For the purposes of the other provisions of this Act as they apply by virtue of this section—
- (a) employee and contract of employment include a relevant member of the House of Commons staff and the terms of employment of any such member (but subject to subsection (5) below);
- (b) dismissal includes the termination of any such member’s employment;
- (c) the reference in section 182(1)(e) (disclosure of information for collective bargaining: restrictions on general duty) to the employer’s undertaking shall be construed as a reference to the national interest or, if the case so requires, the interests of the House of Commons; and
- (d) any other reference to an undertaking shall be construed as a reference to the House of Commons.
- (5) Sections 137 to 143 (access to employment) apply by virtue of this section in relation to employment otherwise than under a contract only where the terms of employment correspond to those of a contract of employment.
- (6) Subsections (6) to (12) of section 195 of the Employment Rights Act 1996 (person to be treated as employer of House of Commons staff) apply, with any necessary modifications, for the purposes of this section.
### Health service practitioners
#### Health service practitioners
##### 279
- (1) In this Act worker includes an individual regarded in his capacity as one who works or normally works or seeks to work as a person performing . . . personal dental services or providing . . . general dental services, general ophthalmic services or pharmaceutical services in accordance with arrangements made—
- (a) by a ... NHS England under section 126 of the National Health Service Act 2006 or a Local Health Board under section . . . 71 or 80 of the National Health Service (Wales) Act 2006 of the National Heath Service Act 1977, or
- (b) by a Health Board under section 17C, . . . 25, 26, or 27 of the National Health Service (Scotland) Act 1978 or as a person providing local pharmaceutical services under a pilot scheme established under section 134 of the National Health Service Act 2006 or section 92 of the National Health Service (Wales) Act 2006, or under an LPS scheme established under Schedule 12 to the National Health Service Act 2006 or Schedule 7 to the National Health Service (Wales) Act 2006;
and employer, in relation to such an individual, regarded in that capacity, means that ... body.
- (2) In this Act “*worker*” also includes an individual regarded in his capacity as one who works or normally works or seeks to work as a person performing primary medical services or primary dental services—
- (a) in accordance with arrangements made by the National Health Service Commissioning Board or a Local Health Board under section 92 or 107 of the National Health Service Act 2006, or section 50 or 64 of the National Health Service (Wales) Act 2006; or
- (b) under a contract under section 84 or 100 of the National Health Service Act 2006 or section 42 or 57 of the National Health Service (Wales) Act 2006 entered into by him with the National Health Service Commissioning Board or a Local Health Board,
and “*employer*” in relation to such an individual, regarded in that capacity, means that ... Board.
- (3) In this Act “*worker*” also includes an individual regarded in his capacity as one who works or normally works or seeks to work as a person performing primary medical services–
- (a) in accordance with arrangements made by a Health Board under section 17C of the National Health Service (Scotland) Act 1978; or
- (b) under a contract under section 17J of that Act entered into by him with a Health Board,
and “*employer*” in relation to such an individual, regarded in that capacity, means that Health Board.
### Police service
#### Police service
##### 280
- (1) In this Act employee or worker does not include a person in police service; and the provisions of sections 137 and 138 (rights in relation to trade union membership: access to employment) do not apply in relation to police service.
- (2) Police service means service as a member of any constabulary maintained by virtue of an enactment, or in any other capacity by virtue of which a person has the powers or privileges of a constable.
### Excluded classes of employment
#### Part-time employment
##### 281
#### Short-term employment
##### 282
- (1) In this section, “fixed term contract” means a contract of employment that, under its provisions determining how it will terminate in the normal course, will terminate—
- (a) on the expiry of a specific term,
- (b) on the completion of a particular task, or
- (c) on the occurrence or non-occurrence of any other specific event other than the attainment by the employee of any normal and bona fide retiring age in the establishment for an employee holding the position held by him.
- (2) The provisions of Chapter II of Part IV (procedure for handling redundancies) do not apply to employment under a fixed term contract unless—
- (a) the employer is proposing to dismiss the employee as redundant; and
- (b) the dismissal will take effect before the expiry of the specific term, the completion of the particular task or the occurrence or non-occurrence of the specific event (as the case may be).
#### Mariners
##### 283
#### Share fishermen
##### 284
The following provisions of this Act do not apply to employment as master or as member of the crew of a fishing vessel where the employee (or, in the case of sections 145A to 151, the worker) is remunerated only by a share in the profits or gross earnings of the vessel—
#### Employment outside Great Britain
##### 285
- (1) The following provisions of this Act do not apply to employment where under his contract of employment an employee ordinarily works, or in the case of a prospective employee would ordinarily work, outside Great Britain—
- (1A) Sections 145A to 151 do not apply to employment where under his contract personally to do work or perform services a worker who is not an employee ordinarily works outside Great Britain.
- (1B) For the purposes of subsection (1) as it relates to sections 193 to 194, employment on board a ship registered in the United Kingdom or a GB-linked ship shall be treated as employment where under his contract a person ordinarily works in Great Britain.
- (2) For the other purposes of subsection (1) and the purposes of subsection (1A) employment on board a ship registered in the United Kingdom shall be treated as employment where under his contract a person ordinarily works in Great Britain unless—
- (a) the ship is registered at a port outside Great Britain, or
- (b) the employment is wholly outside Great Britain, or
- (c) the employee or, as the case may be, the worker or the person seeking employment or seeking to avail himself of a service of an employment agency, is not ordinarily resident in Great Britain.
- (3) In this section, “*GB-linked ship*” means a ship providing a service—
- (a) for the carriage of persons or goods, with or without vehicles, and
- (b) that is within subsection (4) or (5).
- (4) A service is within this subsection if it is operated between a place in Great Britain and another place in the United Kingdom.
- (5) A service is within this subsection if—
- (a) ships providing the service entered a harbour in Great Britain on at least 120 occasions in the period of 12 months ending with the day when the redundancy proposal in question is settled by the employer, or
- (b) if the service has been provided for less than 12 months before that day, ships providing the service entered a harbour in Great Britain on at least 10 occasions in each month for which the service has been provided.
- (6) But a service is not within subsection (5) if the service—
- (a) is for the purpose of leisure or recreation, or
- (b) is provided by a fishing vessel.
- (7) In this section—
- “*harbour*” has the same meaning as in the Harbours Act 1964;
- “*ship*” has the same meaning as in section 193A (see subsection (4) of that section).
#### Power to make further provision as to excluded classes of employment
##### 286
- (1) This section applies in relation to the following provisions—
- (2) The Secretary of State may by order made by statutory instrument provide that any of those provisions—
- (a) shall not apply to persons or to employment of such classes as may be prescribed by the order, or
- (b) shall apply to persons or employments of such classes as may be prescribed by the order subject to such exceptions and modifications as may be so prescribed,
and may vary or revoke any of the provisions of sections 281 to 285 above (excluded classes of employment) so far as they relate to any such provision.
- (3) Any such order shall be made by statutory instrument and may contains such incidental, supplementary or transitional provisions as appear to the Secretary of State to be necessary or expedient.
- (4) No such order shall be made unless a draft of the order has been laid before Parliament and approved by a resolution of each House of Parliament.
### Offshore employment
#### Offshore employment
##### 287
- (1) In this Act offshore employment means employment for the purposes of activities—
- (a) in the territorial waters of the United Kingdom, or
- (b) connected with the exploration of the sea-bed or subsoil, or the exploitation of their natural resources, in the United Kingdom sector of the continental shelf, or
- (c) connected with the exploration or exploitation, in a foreign sector of the continental shelf, of a cross-boundary petroleum field.
- (2) Her Majesty may by Order in Council provide that—
- (a) the provisions of this Act, and
- (b) any Northern Ireland legislation making provision for purposes corresponding to any of the purposes of this Act,
apply, to such extent and for such purposes as may be specified in the Order and with or without modification, to or in relation to a person in offshore employment or, in relation to sections 137 to 143 (access to employment), a person seeking such employment.
- (3) An Order in Council under this section—
- (a) may make different provision for different cases;
- (b) may provide that the enactments to which this section applies, as applied, apply—
- (i) to individuals whether or not they are British subjects, and
- (ii) to bodies corporate whether or not they are incorporated under the law of a part of the United Kingdom,
and apply notwithstanding that the application may affect the activities of such an individual or body outside the United Kingdom;
- (c) may make provision for conferring jurisdiction on any court or class of court specified in the Order, or on employment tribunals, in respect of offences, causes of action or other matters arising in connection with offshore employment;
- (d) may provide that the enactments to which this section applies apply in relation to a person in offshore employment in a part of the areas referred to in subsection (1)(a) and (b);
- (e) may exclude from the operation of section 3 of the Territorial Waters Jurisdiction Act 1878 (consents required for prosecutions) proceedings for offences under the enactments to which this section applies in connection with offshore employment;
- (f) may provide that such proceedings shall not be brought without such consent as may be required by the Order;
- (g) may modify or exclude any of sections 281 to 285 (excluded classes of employment) or any corresponding provision of Northern Ireland legislation.
- (3A) An Order in Council under this section shall be subject to annulment in pursuance of a resolution of either House of Parliament.
- (4) Any jurisdiction conferred on a court or tribunal under this section is without prejudice to jurisdiction exercisable apart from this section, by that or any other court or tribunal.
- (5) In this section—
- cross-boundary petroleum field means a petroleum field that extends across the boundary between the United Kingdom sector of the continental shelf and a foreign sector;
- foreign sector of the continental shelf means an area outside the territorial waters of any state, within which rights with respect to the sea-bed and subsoil and their natural resources are exercisable by a state other than the United Kingdom;
- petroleum field means a geological structure identified as an oil or gas field by the Order in Council concerned; and
- United Kingdom sector of the continental shelf means the areas designated under section 1(7) of the Continental Shelf Act 1964.
### Contracting out, &c.
#### Restriction on contracting out
##### 288
- (1) Any provision in an agreement (whether a contract of employment or not) is void in so far as it purports—
- (a) to exclude or limit the operation of any provision of this Act, or
- (b) to preclude a person from bringing—
- (i) proceedings before an employment tribunal or the Central Arbitration Committee under any provision of this Act, . . .
- (ii) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (2) Subsection (1) does not apply to an agreement to refrain from instituting or continuing proceedings where a conciliation officer has taken action under— any of sections 18A to 18C of the Employment Tribunals Act 1996 (conciliation)
- (2A) Subsection (1) does not apply to an agreement to refrain from instituting or continuing any proceedings, other than excepted proceedings, specified in subsection (1)(b) of that section before an employment tribunal if the conditions regulating settlement agreements under this Act are satisfied in relation to the agreement.
- (2B) The conditions regulating settlement agreements under this Act are that—
- (a) the agreement must be in writing;
- (b) the agreement must relate to the particular proceedings;
- (c) the complainant must have received advice from a relevant independent adviser as to the terms and effect of the proposed agreement and in particular its effect on his ability to pursue his rights before an employment tribunal;
- (d) there must be in force, when the adviser gives the advice, a contract of insurance, or an indemnity provided for members of a profession or professional body, covering the risk of a claim by the complainant in respect of loss arising in consequence of the advice;
- (e) the agreement must identify the adviser; and
- (f) the agreement must state that the conditions regulating settlement agreements under this Act are satisfied.
- (2C) The proceedings excepted from subsection (2A) are proceedings on a complaint of non-compliance with section 188.
- (3) Subsection (1) does not apply—
- (a) to such an agreement as is referred to in section 185(5)(b) or (c) to the extent that it varies or supersedes an award under that section;
- (b) to any provision in a collective agreement excluding rights under Chapter II of Part IV (procedure for handling redundancies), if an order under section 198 is in force in respect of it.
- (4) A person is a relevant independent adviser for the purposes of subsection (2B)(c)—
- (a) if he is a qualified lawyer,
- (b) if he is an officer, official, employee or member of an independent trade union who has been certified in writing by the trade union as competent to give advice and as authorised to do so on behalf of the trade union,
- (c) if he works at an advice centre (whether as an employee or a volunteer) and has been certified in writing by the centre as competent to give advice and as authorised to do so on behalf of the centre, or
- (d) if he is a person of a description specified in an order made by the Secretary of State.
- (4A) But a person is not a relevant independent adviser for the purposes of subsection (2B)(c) in relation to the complainant—
- (a) if he is, is employed by or is acting in the matter for the other party or a person who is connected with the other party,
- (b) in the case of a person within subsection (4)(b) or (c), if the trade union or advice centre is the other party or a person who is connected with the other party,
- (c) in the case of a person within subsection (4)(c), if the complainant makes a payment for the advice received from him, or
- (d) in the case of a person of a description specified in an order under subsection (4)(d), if any condition specified in the order in relation to the giving of advice by persons of that description is not satisfied.
- (4B) In subsection (4)(a) qualified lawyer means—
- (a) as respects England and Wales, a person who, for the purposes of the Legal Services Act 2007, is an authorised person in relation to an activity which constitutes the exercise of a right of audience or the conduct of litigation (within the meaning of that Act), and
- (b) as respects Scotland, an advocate (whether in practice as such or employed to give legal advice), or a solicitor who holds a practising certificate.
- (4C) An order under subsection (4)(d) shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.
- (5) For the purposes of subsection (4A) any two persons are to be treated as connected—
- (a) if one is a company of which the other (directly or indirectly) has control, or
- (b) if both are companies of which a third person (directly or indirectly) has control.
- (6) An agreement under which the parties agree to submit a dispute to arbitration—
- (a) shall be regarded for the purposes of subsections (2) and (2A) as being an agreement to refrain from instituting or continuing proceedings if—
- (i) the dispute is covered by a scheme having effect by virtue of an order under section 212A, and
- (ii) the agreement is to submit it to arbitration in accordance with the scheme, but
- (b) shall be regarded for those purposes as neither being nor including such an agreement in any other case.
#### Employment governed by foreign law
##### 289
For the purposes of this Act it is immaterial whether the law which (apart from this Act) governs any person’s employment is the law of the United Kingdom, or of a part of the United Kingdom, or not.
### Employment tribunal proceedings
#### General provisions as to conciliation
##### 290
#### Right of appeal from industrial tribunal
##### 291
- (1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
### Other supplementary provisions
#### Death of employee or employer
##### 292
- (1) This section has effect in relation to the following provisions so far as they confer rights on employees or make provision in connection therewith—
- (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (b) sections 168 to 173 (time off for trade union duties and activities);
- (c) sections 188 to 198 (procedure for handling redundancies).
- (1A) This section also has effect in relation to sections 145A to 151 so far as those sections confer rights on workers or make provision in connection therewith.
- (2) Where the employee or worker or employer dies, tribunal proceedings may be instituted or continued by a personal representative of the deceased employee or worker or, as the case may be, defended by a personal representative of the deceased employer.
- (3) If there is no personal representative of a deceased employee or worker, tribunal proceedings or proceedings to enforce a tribunal award may be instituted or continued on behalf of his estate by such other person as the employment tribunal may appoint, being either—
- (a) a person authorised by the employee or worker to act in connection with the proceedings before his death, or
- (b) the widower, widow, surviving civil partner, child, father, mother, brother or sister of the employee or worker.
In such a case any award made by the employment tribunal shall be in such terms and shall be enforceable in such manner as may be prescribed.
- (4) Any right arising under any of the provisions mentioned in subsection (1) or (1A) which by virtue of this section accrues after the death of the employee or worker in question shall devolve as if it had accrued before his death.
- (5) Any liability arising under any of those provisions which by virtue of this section accrues after the death of the employer in question shall be treated for all purposes as if it had accrued immediately before his death.
#### Regulations
##### 293
- (1) The Secretary of State may by regulations prescribe anything authorised or required to be prescribed for the purposes of this Act.
- (2) The regulations may contain such incidental, supplementary or transitional provisions as appear to the Secretary of State to be necessary or expedient.
- (3) Regulations under this section are to be made by statutory instrument.
- (4) A statutory instrument containing regulations to which subsection (5) applies (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.
- (5) This subsection applies to regulations prescribing anything for the purposes of—
- (a) section 70ZC (access agreements: response period and negotiation period);
- (b) section 70ZE (access agreements: period to make application to Central Arbitration Committee);
- (c) section 70ZF (access agreements: determinations by Central Arbitration Committee);
- (d) section 70ZJ (enforcement of access agreements: amounts payable for breach);
- (e) section 236A (detriment for taking industrial action).
- (6) Any other statutory instrument containing regulations under this section is subject to annulment in pursuance of a resolution of either House of Parliament.
#### Reciprocal arrangements with Northern Ireland
##### 294
- (1) If provision is made by Northern Ireland legislation for purposes corresponding to the purposes of any provision of this Act re-enacting a provision of the Employment Protection Act 1975 or the Employment Protection (Consolidation) Act 1978, the Secretary of State may, with the consent of the Treasury, make reciprocal arrangements with the appropriate Northern Ireland authority for co-ordinating the relevant provisions of this Act with the corresponding Northern Ireland provisions so as to secure that they operate, to such extent as may be provided by the arrangements, as a single system.
- (2) The Secretary of State may make regulations for giving effect to any such arrangements.
- (3) The regulations may make different provision for different cases and may contain such supplementary, incidental and transitional provisions as appear to the Secretary of State to be necessary or expedient.
- (4) The regulations may provide that the relevant provisions of this Act shall have effect in relation to persons affected by the arrangements subject to such modifications and adaptations as may be specified in the regulations, including provisions—
- (a) for securing that acts, omission and events having any effect for the purposes of the Northern Ireland legislation have a corresponding effect for the purposes of the relevant provisions of this Act (but not so as to confer a right to double payment in respect of the same act, omission or event, and
- (b) for determining, in cases where rights accrue both under the relevant provisions of this Act and under the Northern Ireland legislation, which of this rights is available to the person concerned.
- (5) In this section the appropriate Northern Ireland authority means such authority as is specified in that behalf in the Northern Ireland legislation.
- (6) Regulations under this section shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.
### Interpretation
#### Expressions relating to trade unions
##### 119
In this Act, in relation to a trade union—
- “*agent*” means a banker or solicitor of, or any person employed as an auditor by, the union or any branch or section of the union;
- “*branch or section*”, except where the context otherwise requires, includes a branch or section which is itself a trade union;
- “*executive*” means the principal committee of the union exercising executive functions, by whatever name it is called;
- “*financial affairs*” means affairs of the union relating to any fund which is applicable for the purposes of the union (including any fund of a branch or section of the union which is so applicable);
- “*general secretary*” means the official of the union who holds the office of general secretary or, where there is no such office, holds an office which is equivalent, or (except in section 14(4)) the nearest equivalent, to that of general secretary;
- “*officer*” includes—any member of the governing body of the union, andany trustee of any fund applicable for the purposes of the union;
- “*official*” means—an officer of the union or of a branch or section of the union, ora person elected or appointed in accordance with the rules of the union to be a representative of its members or of some of them,and includes a person so elected or appointed who is an employee of the same employer as the members or one or more of the members whom he is to represent;
- “*president*” means the official of the union who holds the office of president or, where there is no such office, who holds an office which is equivalent, or (except in section 14(4) or Chapter IV) the nearest equivalent, to that of president; and
- “*rules*”, except where the context otherwise requires, includes the rules of any branch or section of the union.
#### Northern Ireland unions
##### 120
In this Part a “*Northern Ireland union*” means a trade union whose principal office is situated in Northern Ireland.
#### Meaning of “the court”
##### 121
In this Part “*the court*” (except where the reference is expressed to be to the county court or sheriff court) means the High Court or the Court of Session.
## Part II — Employers’ Associations
### Introductory
#### Meaning of “employers' association”
##### 122
- (1) In this Act an “*employers’ association*” means an organisation (whether temporary or permanent)—
- (a) which consists wholly or mainly of employers or individual owners of undertakings of one or more descriptions and whose principal purposes include the regulation of relations between employers of that description or those descriptions and workers or trade unions; or
- (b) which consists wholly or mainly of—
- (i) constituent or affiliated organisations which fulfil the conditions in paragraph (a) (or themselves consist wholly or mainly of constituent or affiliated organisations which fulfil those conditions), or
- (ii) representatives of such constituent or affiliated organisations,
and whose principal purposes include the regulation of relations between employers and workers or between employers and trade unions, or the regulation of relations between its constituent or affiliated organisations.
- (2) References in this Act to employers’ associations include combinations of employers and employers’ associations.
### The list of employers’ associations
#### The list of employers' associations
##### 123
- (1) The Certification Officer shall keep a list of employers’ associations containing the names of—
- (a) the organisations whose names were, immediately before the commencement of this Act, duly entered in the list of employers’ associations kept by him under section 8 of the Trade Union and Labour Relations Act 1974, and
- (b) the names of the organisations entitled to have their names entered in the list in accordance with this Part.
- (2) The Certification Officer shall keep copies of the list of employers’ associations, as for the time being in force, available for public inspection at all reasonable hours free of charge.
- (3) A copy of the list shall be included in his annual report.
- (4) The fact that the name of an organisation is included in the list of employers’ associations is evidence (in Scotland, sufficient evidence) that the organisation is an employers’ association.
- (5) On the application of an organisation whose name is included in the list, the Certification Officer shall issue it with a certificate to that effect.
- (6) A document purporting to be such a certificate is evidence (in Scotland, sufficient evidence) that the name of the organisation is entered in the list.
#### Application to have name entered in the list
##### 124
- (1) An organisation of employers, whenever formed, whose name is not entered in the list of employers’ associations may apply to the Certification Officer to have its name entered in the list.
- (2) The application shall be made in such form and manner as the Certification Officer may require and shall be accompanied by—
- (a) a copy of the rules of the organisation,
- (b) a list of its officers,
- (c) the address of its head or main office, and
- (d) the name under which it is or is to be known,
and by the prescribed fee.
- (3) If the Certification Officer is satisfied—
- (a) that the organisation is an employers’ association,
- (b) that subsection (2) has been complied with, and
- (c) that entry of the name in the list is not prohibited by subsection (4),
he shall enter the name of the organisation in the list of employers’ associations.
- (4) The Certification Officer shall not enter the name of an organisation in the list of employers’ associations if the name is the same as that under which another organisation—
- (a) was on 30th September 1971 registered as a trade union under the Trade Union Acts 1871 to 1964,
- (b) was at any time registered as an employers’ association or trade union under the Industrial Relations Act 1971, or
- (c) is for the time being entered in the list of employers’ associations or in the list of trade unions kept under Chapter I of Part I of this Act,
or if the name is one so nearly resembling any such name as to be likely to deceive the public.
#### Removal of name from the list
##### 125
- (1) If it appears to the Certification Officer, on application made to him or otherwise, that an organisation whose name is entered in the list of employers’ associations is not an employers’ association, he may remove its name from the list.
- (2) He shall not do so without giving the organisation notice of his intention and considering any representations made to him by the organisation within such period (of not less than 28 days beginning with the date of the notice) as may be specified in the notice.
- (3) The Certification Officer shall remove the name of an organisation from the list of employers’ associations if—
- (a) he is requested by the organisation to do so, or
- (b) he is satisfied that the organisation has ceased to exist.
#### Appeal against decision of Certification Officer
##### 126
- (1) An organisation aggrieved by the refusal of the Certification Officer to enter its name in the list of employers’ associations, or by a decision of his to remove its name from the list, may appeal to the Employment Appeal Tribunal on any appealable question.
- (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (3) For the purposes of this section, an appealable question is any question of law arising in the proceedings before, or arising from the decision of, the Certification Officer.
### Status and property of employers’ associations
#### Corporate or quasi-corporate status of employers' associations
##### 127
- (1) An employers’ association may be either a body corporate or an unincorporated association.
- (2) Where an employers’ association is unincorporated—
- (a) it is capable of making contracts;
- (b) it is capable of suing and being sued in its own name, whether in proceedings relating to property or founded on contract or tort or any other cause of action; and
- (c) proceedings for an offence alleged to have been committed by it or on its behalf may be brought against it in its own name.
- (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Exclusion of common law rules as to restraint of trade
##### 128
- (1) The purposes of an unincorporated employers’ association and, so far as they relate to the regulation of relations between employers and workers or trade unions, the purposes of an employers’ association which is a body corporate are not, by reason only that they are in restraint of trade, unlawful so as—
- (a) to make any member of the association liable to criminal proceedings for conspiracy or otherwise, or
- (b) to make any agreement or trust void or voidable.
- (2) No rule of an unincorporated employers’ association or, so far as it relates to the regulation of relations between employers and workers or trade unions, of an employers’ association which is a body corporate, is unlawful or unenforceable by reason only that it is in restraint of trade.
#### Property of unincorporated employers' associations, &c
##### 129
- (1) The following provisions of Chapter II of Part I of this Act apply to an unincorporated employers’ association as in relation to a trade union—
- (a) section 12(1) and (2) (property to be vested in trustees),
- (b) section 13 (vesting of property in new trustees), and
- (c) section 14 (transfer of securities held in trust for trade union).
- (2) In sections 13 and 14 as they apply by virtue of subsection (1) the reference to entry in the list of trade unions shall be construed as a reference to entry in the list of employers’ associations.
- (3) Section 19 (application of certain provisions relating to . . . friendly societies) applies to any employers’ association as in relation to a trade union.
#### Restriction on enforcement of awards against certain property
##### 130
- (1) Where in any proceedings an amount is awarded by way of damages, costs or expenses—
- (a) against an employers’ association,
- (b) against trustees in whom property is vested in trust for an employers’ association, in their capacity as such (and otherwise than in respect of a breach of trust on their part), or
- (c) against members or officials of an employers’ association on behalf of themselves and all of the members of the association,
no part of that amount is recoverable by enforcement against any protected property.
- (2) The following is protected property—
- (a) property belonging to the trustees otherwise than in their capacity as such;
- (b) property belonging to any member of the association otherwise than jointly or in common with the other members;
- (c) property belonging to an official of the association who is neither a member nor a trustee.
### Administration of employers’ associations
#### Administrative provisions applying to employers' associations
##### 131
- (1) The following provisions of Chapter III of Part I of this Act apply to an employers’ association as in relation to a trade union—
- section 27 (duty to supply copy of rules),section 28 (duty to keep accounting records),section 32(1), (2), (3)(a), (b) and (c) and (4) to (6) , section 32ZB and sections 33 to 37 (annual return, accounts and audit),
- sections 37A to 37E (investigation of financial affairs),
- sections 38 to 42 (members’ superannuation schemes),section 43(1) (exemption for newly-formed organisations),section 44(1),(2) and (4) (discharge of duties in case of organisation having branches or sections), andsections 45 and 45A (offences).
- (2) Sections 33 to 35 (appointment and removal of auditors) do not apply to an employers’ association which is registered as a company under the Companies Act 2006; and sections 36 and 37 (rights and duties of auditors) apply to the auditors appointed by such an association under . . . Chapter 2 of Part 16 of that Act.
### Application of funds for political objects
#### Application of funds for political objects
##### 132
(1) Subject to subsections (2) to (5), theprovisions of Chapter VI of Part I of this Act (application of funds for political objects) apply to an unincorporated employers’ association as in relation to a trade union.
- (2) Subsection (1) does not apply to these provisions—
- (a) section 72A;
- (b) in section 80, subsections (5A) to (5C) and (8) to (10);
- (c) in section 81, subsection (8).
- (3) In its application to an unincorporated employers’ association, section 79 shall have effect as if at the end of subsection (1) there were inserted—
> The making of an application to the Certification Officer does not prevent the applicant, or any other person, from making an application to the court in respect of the same matter.
- (4) In its application to an unincorporated employers’ association, section 80(2)(b) shall have effect as if the words “where he considers it appropriate," were inserted at the beginning.
- (5) In its application to an unincorporated employers’ association, section 81 shall have effect as if after subsection (1) there were inserted—
> (2) If an application in respect of the same matter has been made to the Certification Officer, the court shall have due regard to any declaration, reasons or observations of his which are brought to its notice.
### Amalgamations and similar matters
#### Amalgamations and transfers of engagements
##### 133
- (1) Subject to subsection (2), the provisions of Chapter VII of Part I of this Act (amalgamations and similar matters) apply to unincorporated employers’ associations as in relation to trade unions.
- (2) In its application to such associations that Chapter shall have effect—
- (a) as if in section 99(1) for the words from “that every" to “accompanied by" there were substituted the words “that, not less than seven days before the ballot on the resolution to approve the instrument of amalgamation or transfer is held, every member is supplied with",
- (b) as if the requirements imposed by sections 100A to 100E consisted only of those specified in sections 100B and 100C(1) and (3)(a) together with the requirement that every member must, so far as is reasonably possible, be given a fair opportunity of voting, . . .
- (ba) as if the references in sections 101A and 101B to the list of trade unions were to the list of employers' associations, and
- (c) with the omission of sections 101(3) , 101A(3) and (4), 103(2A) and (6) to (9) and 107.
#### Change of name of employers' association
##### 134
- (1) An unincorporated employers’ association may change its name by any method expressly provided for by its rules or, if its rules do not expressly provide for a method of doing so, by adopting in accordance with its rules an alteration of the provision in them which gives the association its name.
- (2) If the name of an employers’ association, whether incorporated or unincorporated, is entered in the list of employers’ associations a change of name shall not take effect until approved by the Certification Officer.
- (3) The Certification Officer shall not approve a change of name if it appears to him that the proposed new name—
- (a) is the same as one entered in the list as the name of another employers’ association, or
- (b) is the same as one entered in the list of trade unions kept under Part I of this Act,
or is a name so nearly resembling such a name as to be likely to deceive the public.
- (4) A change of name by an unincorporated employers’ association does not affect any right or obligation of the association or any of its members; and any pending legal proceedings may be continued by or against the association, the trustees of the association or any other officer of the association who can sue or be sued on its behalf notwithstanding its change of name.
- (5) The power conferred by section 108 (power to make regulations for carrying provisions into effect) applies in relation to this section as in relation to a provision of Chapter VII of Part I.
### General
#### Federated employers' associations
##### 135
- (1) In this section a “*federated employers’ association*” means a employers’ association which consists wholly or mainly of constituent or affiliated organisations, or representatives or such organisations, as described in paragraph (b) of the definition of “*employers’ association*” in section 122.
- (2) The provisions of Part I applied by this Part to employers’ associations apply to federated employers’ associations subject to the following exceptions and adaptations.
- (3) The following provisions of Chapter III of Part I (administration) do not apply to a federated employers’ association which consists wholly or mainly of representatives of constituent or affiliated organisations—
- (a) section 27 (duty to supply copy of rules),
- (b) section 28 (duty to keep accounting records),
- (c) section 32(1), (2), (3)(a), (b) and (c) and (4) to (6) , section 32ZB and sections 33 to 37 (annual return, accounts and audit), . . .
- (ca) sections 37A to 37E (investigation of financial affairs), and
- (d) sections 38 to 42 (members’ superannuation schemes).
- (4) The provisions of Chapter VI of Part I (application of funds for political objects) apply to a employers’ association which is in whole or part an association or combination of other associations as if the individual members of the component associations were members of that association and not of the component associations.
But nothing in that Chapter prevents a component association from collecting contributions on behalf of the association or combination from such of its members as are contributors to the political fund of the association or combination.
#### Meaning of “officer” of employers' association
##### 136
In this Act “*officer*”, in relation to an employers’ association, includes—
- (a) any member of the governing body of the association, and
- (b) any trustee of any fund applicable for the purposes of the association.
## Part III — Rights in relation to union membership and activities
### Access to employment
#### Refusal of employment on grounds related to union membership
##### 137
- (1) It is unlawful to refuse a person employment—
- (a) because he is, or is not, a member of a trade union, or
- (b) because he is unwilling to accept a requirement—
- (i) to take steps to become or cease to be, or to remain or not to become, a member of a trade union, or
- (ii) to make payments or suffer deductions in the event of his not being a member of a trade union.
- (2) A person who is thus unlawfully refused employment has a right of complaint to an employment tribunal.
- (3) Where an advertisement is published which indicates, or might reasonably be understood as indicating—
- (a) that employment to which the advertisement relates is open only to a person who is, or is not, a member of a trade union, or
- (b) that any such requirement as is mentioned in subsection (1)(b) will be imposed in relation to employment to which the advertisement relates,
a person who does not satisfy that condition or, as the case may be, is unwilling to accept that requirement, and who seeks and is refused employment to which the advertisement relates, shall be conclusively presumed to have been refused employment for that reason.
- (4) Where there is an arrangement or practice under which employment is offered only to persons put forward or approved by a trade union, and the trade union puts forward or approves only persons who are members of the union, a person who is not a member of the union and who is refused employment in pursuance of the arrangement or practice shall be taken to have been refused employment because he is not a member of the trade union.
- (5) A person shall be taken to be refused employment if he seeks employment of any description with a person and that person—
- (a) refuses or deliberately omits to entertain and process his application or enquiry, or
- (b) causes him to withdraw or cease to pursue his application or enquiry, or
- (c) refuses or deliberately omits to offer him employment of that description, or
- (d) makes him an offer of such employment the terms of which are such as no reasonable employer who wished to fill the post would offer and which is not accepted, or
- (e) makes him an offer of such employment but withdraws it or causes him not to accept it.
- (6) Where a person is offered employment on terms which include a requirement that he is, or is not, a member of a trade union, or any such requirement as is mentioned in subsection (1)(b), and he does not accept the offer because he does not satisfy or, as the case may be, is unwilling to accept that requirement, he shall be treated as having been refused employment for that reason.
- (7) Where a person may not be considered for appointment or election to an office in a trade union unless he is a member of the union, or of a particular branch or section of the union or of one of a number of particular branches or sections of the union, nothing in this section applies to anything done for the purpose of securing compliance with that condition although as holder of the office he would be employed by the union.
For this purpose an “*office*” means any position—
- (a) by virtue of which the holder is an official of the union, or
- (b) to which Chapter IV of Part I applies (duty to hold elections).
- (8) The provisions of this section apply in relation to an employment agency acting, or purporting to act, on behalf of an employer as in relation to an employer.
#### Refusal of service of employment agency on grounds related to union membership
##### 138
- (1) It is unlawful for an employment agency to refuse a person any of its services—
- (a) because he is, or is not, a member of a trade union, or
- (b) because he is unwilling to accept a requirement to take steps to become or cease to be, or to remain or not to become, a member of a trade union.
- (2) A person who is thus unlawfully refused any service of an employment agency has a right of complaint to an employment tribunal.
- (2A) Section 12A of the Employment Tribunals Act 1996 (financial penalties) applies in relation to a complaint under this section as it applies in relation to a claim involving an employer and a worker (reading references to an employer as references to the employment agency and references to a worker as references to the complainant).
- (3) Where an advertisement is published which indicates, or might reasonably be understood as indicating—
- (a) that any service of an employment agency is available only to a person who is, or is not, a member of a trade union, or
- (b) that any such requirement as is mentioned in subsection (1)(b) will be imposed in relation to a service to which the advertisement relates,
a person who does not satisfy that condition or, as the case may be, is unwilling to accept that requirement, and who seeks to avail himself of and is refused that service, shall be conclusively presumed to have been refused it for that reason.
- (4) A person shall be taken to be refused a service if he seeks to avail himself of it and the agency—
- (a) refuses or deliberately omits to make the service available to him, or
- (b) causes him not to avail himself of the service or to cease to avail himself of it, or
- (c) does not provide the same service, on the same terms, as is provided to others.
- (5) Where a person is offered a service on terms which include a requirement that he is, or is not, a member of a trade union, or any such requirement as is mentioned in subsection (1)(b), and he does not accept the offer because he does not satisfy or, as the case may be, is unwilling to accept that requirement, he shall be treated as having been refused the service for that reason.
#### Time limit for proceedings
##### 139
- (1) An employment tribunal shall not consider a complaint under section 137 or 138 unless it is presented to the tribunal—
- (a) before the end of the period of three months beginning with the date of the conduct to which the complaint relates, 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 the tribunal considers reasonable.
- (2) The date of the conduct to which a complaint under section 137 relates shall be taken to be—
- (a) in the case of an actual refusal, the date of the refusal;
- (b) in the case of a deliberate omission—
- (i) to entertain and process the complainant’s application or enquiry, or
- (ii) to offer employment,
the end of the period within which it was reasonable to expect the employer to act;
- (c) in the case of conduct causing the complainant to withdraw or cease to pursue his application or enquiry, the date of that conduct;
- (d) in a case where an offer was made but withdrawn, the date when it was withdrawn;
- (e) in any other case where an offer was made but not accepted, the date on which it was made.
- (3) The date of the conduct to which a complaint under section 138 relates shall be taken to be—
- (a) in the case of an actual refusal, the date of the refusal;
- (b) in the case of a deliberate omission to make a service available, the end of the period within which it was reasonable to expect the employment agency to act;
- (c) in the case of conduct causing the complainant not to avail himself of a service or to cease to avail himself of it, the date of that conduct;
- (d) in the case of failure to provide the same service, on the same terms, as is provided to others, the date or last date on which the service in fact provided was provided.
- (4) Section 292A (extension of time limits to facilitate conciliation before institution of proceedings) applies for the purposes of subsection (1)(a).
#### Remedies
##### 140
- (1) Where the employment tribunal finds that a complaint under section 137 or 138 is well-founded, it shall make a declaration to that effect and may make such of the following as it considers just and equitable—
- (a) an order requiring the respondent to pay compensation to the complainant of such amount as the tribunal may determine;
- (b) a recommendation that the respondent take within a specified period action appearing to the tribunal to be practicable for the purpose of obviating or reducing the adverse effect on the complainant of any conduct to which the complaint relates.
- (2) Compensation shall be assessed on the same basis as damages for breach of statutory duty and may include compensation for injury to feelings.
- (3) If the respondent fails without reasonable justification to comply with a recommendation to take action, the tribunal may increase its award of compensation or, if it has not made such an award, make one.
- (4) The total amount of compensation shall not exceed the limit for the time being imposed by section 124(1) of the Employment Rights Act 1996 (limit on compensation for unfair dismissal).
#### Complaint against employer and employment agency
##### 141
- (1) Where a person has a right of complaint against a prospective employer and against an employment agency arising out of the same facts, he may present a complaint against either of them or against them jointly.
- (2) If a complaint is brought against one only, he or the complainant may request the tribunal to join or sist the other as a party to the proceedings.
The request shall be granted if it is made before the hearing of the complaint begins, but may be refused if it is made after that time; and no such request may be made after the tribunal has made its decision as to whether the complaint is well-founded.
- (3) Where a complaint is brought against an employer and an employment agency jointly, or where it is brought against one and the other is joined or sisted as a party to the proceedings, and the tribunal—
- (a) finds that the complaint is well-founded as against the employer and the agency, and
- (b) makes an award of compensation,
it may order that the compensation shall be paid by the one or the other, or partly by one and partly by the other, as the tribunal may consider just and equitable in the circumstances.
#### Awards against third parties
##### 142
- (1) If in proceedings on a complaint under section 137 or 138 either the complainant or the respondent claims that the respondent was induced to act in the manner complained of by pressure which a trade union or other person exercised on him by calling, organising, procuring or financing a strike or other industrial action, or by threatening to do so, the complainant or the respondent may request the employment tribunal to direct that the person who he claims exercised the pressure be joined or sisted as a party to the proceedings.
- (2) The request shall be granted if it is made before the hearing of the complaint begins, but may be refused if it is made after that time; and no such request may be made after the tribunal has made its decision as to whether the complaint is well-founded.
- (3) Where a person has been so joined or sisted as a party to the proceedings and the tribunal—
- (a) finds that the complaint is well-founded,
- (b) makes an award of compensation, and
- (c) also finds that the claim in subsection (1) above is well-founded,
it may order that the compensation shall be paid by the person joined instead of by the respondent, or partly by that person and partly by the respondent, as the tribunal may consider just and equitable in the circumstances.
- (4) Where by virtue of section 141 (complaint against employer and employment agency) there is more than one respondent, the above provisions apply to either or both of them.
#### Interpretation and other supplementary provisions
##### 143
- (1) In sections 137 to 143—
- “*advertisement*” includes every form of advertisement or notice, whether to the public or not, and references to publishing an advertisement shall be construed accordingly;
- “*employment*” means employment under a contract of employment, and related expressions shall be construed accordingly; and
- “*employment agency*” means a person who, for profit or not, provides services for the purpose of finding employment for workers or supplying employers with workers, but subject to subsection (2) below.
- (2) For the purposes of sections 137 to 143 as they apply to employment agencies—
- (a) services other than those mentioned in the definition of “employment agency" above shall be disregarded, and
- (b) a trade union shall not be regarded as an employment agency by reason of services provided by it only for, or in relation to, its members.
- (3) References in sections 137 to 143 to being or not being a member of a trade union are to being or not being a member of any trade union, of a particular trade union or of one of a number of particular trade unions.
Any such reference includes a reference to being or not being a member of a particular branch or section of a trade union or of one of a number of particular branches or sections of a trade union.
- (4) The remedy of a person for conduct which is unlawful by virtue of section 137 or 138 is by way of a complaint to an employment tribunal in accordance with this Part, and not otherwise.
No other legal liability arises by reason that conduct is unlawful by virtue of either of those sections.
### Contracts for supply of goods or services
#### Union membership requirement in contract for goods or services void
##### 144
A term or condition of a contract for the supply of goods or services is void in so far as it purports to require that the whole, or some part, of the work done for the purposes of the contract is done only by persons who are, or are not, members of trade unions or of a particular trade union.
#### Refusal to deal on union membership grounds prohibited
##### 145
- (1) A person shall not refuse to deal with a supplier or prospective supplier of goods or services on union membership grounds.“*Refuse to deal*” and “*union membership grounds*” shall be construed as follows.
- (2) A person refuses to deal with a person if, where he maintains (in whatever form) a list of approved suppliers of goods or services, or of persons from whom tenders for the supply of goods or services may be invited, he fails to include the name of that person in that list.
He does so on union membership grounds if the ground, or one of the grounds, for failing to include his name is that if that person were to enter into a contract with him for the supply of goods or services, work to be done for the purposes of the contract would, or would be likely to, be done by persons who were, or who were not, members of trade unions or of a particular trade union.
- (3) A person refuses to deal with a person if, in relation to a proposed contract for the supply of goods or services—
- (a) he excludes that person from the group of persons from whom tenders for the supply of the goods or services are invited, or
- (b) he fails to permit that person to submit such a tender, or
- (c) he otherwise determines not to enter into a contract with that person for the supply of the goods or services.
He does so on union membership grounds if the ground, or one of the grounds, on which he does so is that if the proposed contract were entered into with that person, work to be done for the purposes of the contract would, or would be likely to, be done by persons who were, or who were not, members of trade unions or of a particular trade union.
- (4) A person refuses to deal with a person if he terminates a contract with him for the supply of goods or services.
He does so on union membership grounds if the ground, or one of the grounds, on which he does so is that work done, or to be done, for the purposes of the contract has been, or is likely to be, done by persons who are or are not members of trade unions or of a particular trade union.
- (5) The obligation to comply with this section is a duty owed to the person with whom there is a refusal to deal and to any other person who may be adversely affected by its contravention; and a breach of the duty is actionable accordingly (subject to the defences and other incidents applying to actions for breach of statutory duty.
### Detriment
#### Action short of dismissal on grounds related to union membership or activities
##### 146
- (1) A worker has the right not to be subjected to any detriment as an individual by any act, or any deliberate failure to act, by his employer if the act or failure takes place for the sole or main purpose of—
- (a) preventing or deterring him from being or seeking to become a member of an independent trade union, or penalising him for doing so,
- (b) preventing or deterring him from taking part in the activities of an independent trade union at an appropriate time, or penalising him for doing so, . . .
- (ba) preventing or deterring him from making use of trade union services at an appropriate time, or penalising him for doing so, or
- (c) compelling him to be or become a member of any trade union or of a particular trade union or of one of a number of particular trade unions.
- (2) In subsection (1)“*an appropriate time*” means—
- (a) a time outside the worker's working hours, or
- (b) a time within his working hours at which, in accordance with arrangements agreed with or consent given by his employer, it is permissible for him to take part in the activities of a trade union or (as the case may be) make use of trade union services;
and for this purpose “*working hours*”, in relation to a worker, means any time when, in accordance with his contract of employment (or other contract personally to do work or perform services), he is required to be at work.
- (2A) In this section—
- (a) “*trade union services*” means services made available to the worker by an independent trade union by virtue of his membership of the union, and
- (b) references to a worker’s “making use” of trade union services include his consenting to the raising of a matter on his behalf by an independent trade union of which he is a member.
- (2B) If an independent trade union of which a worker is a member raises a matter on his behalf (with or without his consent), penalising the worker for that is to be treated as penalising him as mentioned in subsection (1)(ba).
- (2C) A worker also has the right not to be subjected to any detriment as an individual by any act, or any deliberate failure to act, by his employer if the act or failure takes place because of the worker’s failure to accept an offer made in contravention of section 145A or 145B.
- (2D) For the purposes of subsection (2C), not conferring a benefit that, if the offer had been accepted by the worker, would have been conferred on him under the resulting agreement shall be taken to be subjecting him to a detriment as an individual (and to be a deliberate failure to act).
- (3) A worker also has the right not to be subjected to any detriment as an individual by any act, or any deliberate failure to act, by his employer if the act or failure takes place for the sole or main purpose of enforcing a requirement (whether or not imposed by a contract of employment or in writing) that, in the event of his not being a member of any trade union or of a particular trade union or of one of a number of particular trade unions, he must make one or more payments.
- (4) For the purposes of subsection (3) any deduction made by an employer from the remuneration payable to a worker in respect of his employment shall, if it is attributable to his not being a member of any trade union or of a particular trade union or of one of a number of particular trade unions, be treated as a detriment to which he has been subjected as an individual by an act of his employer taking place for the sole or main purpose of enforcing a requirement of a kind mentioned in that subsection.
- (5) A worker or former worker may present a complaint to an industrial tribunal on the ground that he has been subjected to a detrimentby his employer in contravention of this section.
- (5A) This section does not apply where—
- (a) the worker is an employee; and
- (b) the detriment in question amounts to dismissal.
#### Time limit for proceedings
##### 147
(1)An employment tribunal shall not consider a complaint under section 146 unless it is presented—
- (a) before the end of the period of three 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 shall 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 shall be taken to decide on a failure to act—
- (a) when he does an act inconsistent with doing the failed act, or
- (b) if he has done no such inconsistent act, when the period expires within which he 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).
#### Consideration of complaint
##### 148
- (1) On a complaint under section 146 it shall be for the employer to show what was the sole or main purpose for which he acted or failed to act
- (2) In determining any question whether the employer acted or failed to act, or the purpose for which he did so, no account shall be taken of any pressure which was exercised on him by calling, organising, procuring or financing a strike or other industrial action, or by threatening to do so; and that question shall be determined as if no such pressure had been exercised.
- (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Remedies
##### 149
- (1) Where the employment tribunal finds that a complaint under section 146 is well-founded, it shall make a declaration to that effect and 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 shall be such as 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 which infringed his right.
- (3) The loss shall be taken to include—
- (a) any expenses reasonably incurred by the complainant in consequence of the act or failurecomplained of, and
- (b) loss of any benefit which he might reasonably be expected to have had but for that act or failure.
- (4) In ascertaining the loss, the tribunal shall apply the same rule concerning the duty of a person to mitigate his loss as applies to damages recoverable under the common law of England and Wales or Scotland.
- (5) In determining the amount of compensation to be awarded no account shall be taken of any pressure which was exercised on the employer by calling, organising, procuring or financing a strike or other industrial action, or by threatening to do so; and that question shall be determined as if no such pressure had been exercised.
- (6) 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 shall reduce the amount of the compensation by such proportion as it considers just and equitable having regard to that finding.
#### Awards against third parties
##### 150
- (1) If in proceedings on a complaint under section 146—
- (a) the complaint is made on the ground that the complainant has been subjected to detriment by an act or failure by his employer taking place for the sole or main purpose of compelling him to be or become a member of any trade union or of a particular trade union or of one of a number of particular trade unions, and
- (b) either the complainant or the employer claims in proceedings before the tribunal that the employer was induced to act or fail to act in the waycomplained of by pressure which a trade union or other person exercised on him by calling, organising, procuring or financing a strike or other industrial action, or by threatening to do so,
the complainant or the employer may request the tribunal to direct that the person who he claims exercised the pressure be joined or sisted as a party to the proceedings.
- (2) The request shall be granted if it is made before the hearing of the complaint begins, but may be refused if it is made after that time; and no such request may be made after the tribunal has made a declaration that the complaint is well-founded.
- (3) Where a person has been so joined or sisted as a party to proceedings and the tribunal—
- (a) makes an award of compensation, and
- (b) finds that the claim mentioned in subsection (1)(b) is well-founded,
it may order that the compensation shall be paid by the person joined instead of by the employer, or partly by that person and partly by the employer, as the tribunal may consider just and equitable in the circumstances.
#### Interpretation and other supplementary provisions
##### 151
- (1) References in sections 146 to 150 to being, becoming or ceasing to remain a member of a trade union include references to being, becoming or ceasing to remain a member of a particular branch or section of that union and to being, becoming or ceasing to remain a member of one of a number of particular branches or sections of that union . . . .
- (1A) References in those sections—
- (a) to taking part in the activities of a trade union, and
- (b) to services made available by a trade union by virtue of membership of the union,
shall be construed in accordance with subsection (1).
- (1B) In sections 146 to 150—
- “*worker*” means an individual who works, or normally works, as mentioned in paragraphs (a) to (c) of section 296(1), and
- “*employer*” means—in relation to a worker, the person for whom he works;in relation to a former worker, the person for whom he worked.
- (2) The remedy of a person for infringement of the right conferred on him by section 146 is by way of a complaint to an employment tribunal in accordance with this Part, and not otherwise.
### Dismissal of employee
#### Dismissal on grounds related to union membership or activities
##### 152
- (1) For purposes of Part X of the Employment Rights Act 1996 (unfair dismissal) the dismissal of an employee shall be regarded as unfair if the reason for it (or, if more than one, the principal reason) was that the employee—
- (a) was, or proposed to become, a member of an independent trade union, . . .
- (b) had taken part, or proposed to take part, in the activities of an independent trade union at an appropriate time, . . .
- (ba) had made use, or proposed to make use, of trade union services at an appropriate time,
- (bb) had failed to accept an offer made in contravention of section 145A or 145B, or
- (c) was not a member of any trade union, or of a particular trade union, or of one of a number of particular trade unions, or had refused, or proposed to refuse, to become or remain a member.
- (2) In subsection (1)“*an appropriate time*” means—
- (a) a time outside the employee’s working hours, or
- (b) a time within his working hours at which, in accordance with arrangements agreed with or consent given by his employer, it is permissible for him to take part in the activities of a trade union or (as the case may be) make use of trade union services;
and for this purpose “*working hours*”, in relation to an employee, means any time when, in accordance with his contract of employment, he is required to be at work.
- (2A) In this section—
- (a) “*trade union services*” means services made available to the employee by an independent trade union by virtue of his membership of the union, and
- (b) references to an employee’s “making use” of trade union services include his consenting to the raising of a matter on his behalf by an independent trade union of which he is a member.
- (2B) Where the reason or one of the reasons for the dismissal was that an independent trade union (with or without the employee’s consent) raised a matter on behalf of the employee as one of its members, the reason shall be treated as falling within subsection (1)(ba).
- (3) Where the reason, or one of the reasons, for the dismissal was—
- (a) the employee’s refusal, or proposed refusal, to comply with a requirement (whether or not imposed by his contract of employment or in writing) that, in the event of his not being a member of any trade union, or of a particular trade union, or of one of a number of particular trade unions, he must make one or more payments, or
- (b) his objection, or proposed objection, (however expressed) to the operation of a provision (whether or not forming part of his contract of employment or in writing) under which, in the event mentioned in paragraph (a), his employer is entitled to deduct one or more sums from the remuneration payable to him in respect of his employment,
the reason shall be treated as falling within subsection (1)(c).
- (4) References in this section to being, becoming or ceasing to remain a member of a trade union include references to being, becoming or ceasing to remain a member of a particular branch or section of that union or of one of a number of particular branches or sections of that trade union . . . .
- (5) References in this section—
- (a) to taking part in the activities of a trade union, and
- (b) to services made available by a trade union by virtue of membership of the union,
shall be construed in accordance with subsection (4).
#### Selection for redundancy on grounds related to union membership or activities
##### 153
Where the reason or principal reason for the dismissal of an employee was that he was redundant, but it is shown—
- (a) that the circumstances constituting the redundancy applied equally to one or more other employees in the same undertaking who held positions similar to that held by him and who have not been dismissed by the employer, and
- (b) that the reason (or, if more than one, the principal reason) why he was selected for dismissal was one of those specified in section 152(1),
the dismissal shall be regarded as unfair for the purposes of Part X of the Employment Rights Act 1996 (unfair dismissal).
#### Exclusion of requirement as to qualifying period, &c
##### 154
Sections 108(1) and 109(1) of the Employment Rights Act 1996 (qualifying period and upper age limit for unfair dismissal protection) do not apply to a dismissal which by virtue of section 152 or 153 is regarded as unfair for the purposes of Part 10 of that Act.
#### Matters to be disregarded in assessing contributory fault
##### 155
- (1) Where an employment tribunal makes an award of compensation for unfair dismissal in a case where the dismissal is unfair by virtue of section 152 or 153, the tribunal shall disregard, in considering whether it would be just and equitable to reduce, or further reduce, the amount of any part of the award, any such conduct or action of the complainant as is specified below.
- (2) Conduct or action of the complainant shall be disregarded in so far as it constitutes a breach or proposed breach of a requirement—
- (a) to be or become a member of any trade union or of a particular trade union or of one of a number of particular trade unions,
- (b) to cease to be, or refrain from becoming, a member of any trade union or of a particular trade union or of one of a number of particular trade unions,. . .
- (c) not to take part in the activities of any trade union or of a particular trade union or of one of a number of particular trade unions , or
- (d) not to make use of services made available by any trade union or by a particular trade union or by one of a number of particular trade unions.
For the purposes of this subsection a requirement means a requirement imposed on the complainant by or under an arrangement or contract of employment or other agreement.
- (2A) Conduct or action of the complainant shall be disregarded in so far as it constitutes acceptance of or failure to accept an offer made in contravention of section 145A or 145B.
- (3) Conduct or action of the complainant shall be disregarded in so far as it constitutes a refusal, or proposed refusal, to comply with a requirement of a kind mentioned in section 152(3)(a) (payments in lieu of membership) or an objection, or proposed, objection, (however expressed) to the operation of a provision of a kind mentioned in section 152(3)(b) (deductions in lieu of membership).
#### Minimum basic award
##### 156
- (1) Where a dismissal is unfair by virtue of section 152(1) or 153, the amount of the basic award of compensation, before any reduction is made under section 122 of the Employment Rights Act 1996, shall be not less than £8,763.
- (2) But where the dismissal is unfair by virtue of section 153, subsection (2) of that section (reduction for contributory fault) applies in relation to so much of the basic award as is payable because of subsection (1) above.
#### Special award of compensation
##### 157
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Amount of special award
##### 158
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Power to increase sums by order
##### 159
- (1) . . .
- (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Awards against third parties
##### 160
- (1) If in proceedings before an employment tribunal on a complaint of unfair dismissal either the employer or the complainant claims—
- (a) that the employer was induced to dismiss the complainant by pressure which a trade union or other person exercised on the employer by calling, organising, procuring or financing a strike or other industrial action, or by threatening to do so, and
- (b) that the pressure was exercised because the complainant was not a member of any trade union or of a particular trade union or of one of a number of particular trade unions,
the employer or the complainant may request the tribunal to direct that the person who he claims exercised the pressure be joined or sisted as a party to the proceedings.
- (2) The request shall be granted if it is made before the hearing of the complaint begins, but may be refused after that time; and no such request may be made after the tribunal has made an award of compensation for unfair dismissal or an order for reinstatement or re-engagement.
- (3) Where a person has been so joined or sisted as a party to the proceedings and the tribunal—
- (a) makes an award of compensation for unfair dismissal, and
- (b) finds that the claim mentioned in subsection (1) is well-founded,
the tribunal may order that the compensation shall be paid by that person instead of the employer, or partly by that person and partly by the employer, as the tribunal may consider just and equitable.
#### Application for interim relief
##### 161
- (1) An employee who presents a complaint of unfair dismissal alleging that the dismissal is unfair by virtue of section 152 may apply to the tribunal for interim relief.
- (2) The tribunal shall not entertain an application for interim relief unless it is presented to the tribunal before the end of the period of seven days immediately following the effective date of termination (whether before, on or after that date).
- (3) In a case where the employee relies on 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), the tribunal shall not entertain an application for interim relief unless before the end of that period there is also so presented a certificate in writing signed by an authorised official of the independent trade union of which the employee was or proposed to become a member stating—
- (a) that on the date of the dismissal the employee was or proposed to become a member of the union, and
- (b) that there appear to be reasonable grounds for supposing that the reason for his dismissal (or, if more than one, the principal reason) was one alleged in the complaint.
- (4) An “*authorised official*” means an official of the trade union authorised by it to act for the purposes of this section.
- (5) A document purporting to be an authorisation of an official by a trade union to act for the purposes of this section and to be signed on behalf of the union shall be taken to be such an authorisation unless the contrary is proved; and a document purporting to be a certificate signed by such an official shall be taken to be signed by him unless the contrary is proved.
- (6) For the purposes of subsection (3) the date of dismissal shall be taken to be—
- (a) where the employee’s contract of employment was terminated by notice (whether given by his employer or by him), the date on which the employer’s notice was given, and
- (b) in any other case, the effective date of termination.
#### Application to be promptly determined
##### 162
- (1) An employment tribunal shall determine an application for interim relief as soon as practicable after receiving the application and, where appropriate, the requisite certificate.
- (2) The tribunal shall give to the employer, not later than seven days before the hearing, a copy of the application and of any certificate, together with notice of the date, time and place of the hearing.
- (3) If a request under section 160 (awards against third parties) is made three days or more before the date of the hearing, the tribunal shall also give to the person to whom the request relates, as soon as reasonably practicable, a copy of the application and of any certificate, together with notice of the date, time and place of the hearing.
- (4) The tribunal shall not exercise any power it has of postponing the hearing of an application for interim relief except where it is satisfied that special circumstances exist which justify it in doing so.
#### Procedure on hearing of application and making of order
##### 163
- (1) If on hearing an application for interim relief it appears to the tribunal that it is likely that on determining the complaint to which the application relates that it will find that, by virtue of section 152, the complainant has been unfairly dismissed, the following provisions apply.
- (2) The tribunal shall announce its findings and explain to both parties (if present) what powers the tribunal may exercise on the application and in what circumstances it will exercise them, and shall ask the employer (if present) whether he is willing, pending the determination or settlement of the complaint—
- (a) to reinstate the employee, that is to say, to treat him in all respects as if he had not been dismissed, or
- (b) if not, to re-engage him in another job on terms and conditions not less favourable than those which would have been applicable to him if he had not been dismissed.
- (3) For this purpose “*terms and conditions not less favourable than those which would have been applicable to him if he had not been dismissed*” means as regards seniority, pension rights and other similar rights that the period prior to the dismissal shall be regarded as continuous with his employment following the dismissal.
- (4) If the employer states that he is willing to reinstate the employee, the tribunal shall make an order to that effect.
- (5) If the employer states that he is willing to re-engage the employee in another job, and specifies the terms and conditions on which he is willing to do so, the tribunal shall ask the employee whether he is willing to accept the job on those terms and conditions; and—
- (a) if the employee is willing to accept the job on those terms and conditions, the tribunal shall make an order to that effect, and
- (b) if he is not, then, if the tribunal is of the opinion that the refusal is reasonable, the tribunal shall make an order for the continuation of his contract of employment, and otherwise the tribunal shall make no order.
- (6) If on the hearing of an application for interim relief the employer fails to attend before the tribunal, or states that he is unwilling either to reinstate the employee or re-engage him as mentioned in subsection (2), the tribunal shall make an order for the continuation of the employee’s contract of employment.
#### Order for continuation of contract of employment
##### 164
- (1) An order under section 163 for the continuation of a contract of employment is an order that the contract of employment continue in force—
- (a) for the purposes of pay or any other benefit derived from the employment, seniority, pension rights and other similar matters, and
- (b) for the purpose of determining for any purpose the period for which the employee has been continuously employed,
from the date of its termination (whether before or after the making of the order) until the determination or settlement of the complaint.
- (2) Where the tribunal makes such an order it shall specify in the order the amount which is to be paid by the employer to the employee by way of pay in respect of each normal pay period, or part of any such period, falling between the date of dismissal and the determination or settlement of the complaint.
- (3) Subject as follows, the amount so specified shall be that which the employee could reasonably have been expected to earn during that period, or part, and shall be paid—
- (a) in the case of payment for any such period falling wholly or partly after the making of the order, on the normal pay day for that period, and
- (b) in the case of a payment for any past period, within such time as may be specified in the order.
- (4) If an amount is payable in respect only of part of a normal pay period, the amount shall be calculated by reference to the whole period and reduced proportionately.
- (5) Any payment made to an employee by an employer under his contract of employment, or by way of damages for breach of that contract, in respect of a normal pay period or part of any such period shall go towards discharging the employer’s liability in respect of that period under subsection (2); and conversely any payment under that subsection in respect of a period shall go towards discharging any liability of the employer under, or in respect of the breach of, the contract of employment in respect of that period.
- (6) If an employee, on or after being dismissed by his employer, receives a lump sum which, or part of which, is in lieu of wages but is not referable to any normal pay period, the tribunal shall take the payment into account in determining the amount of pay to be payable in pursuance of any such order.
- (7) For the purposes of this section the amount which an employee could reasonably have been expected to earn, his normal pay period and the normal pay day for each such period shall be determined as if he had not been dismissed.
#### Application for variation or revocation of order
##### 165
- (1) At any time between the making of an order under section 163 and the determination or settlement of the complaint, the employer or the employee may apply to an employment tribunal for the revocation or variation of the order on the ground of a relevant change of circumstances since the making of the order.
- (2) Sections 161 to 163 apply in relation to such an application as in relation to an original application for interim relief, except that—
- (a) no certificate need be presented to the tribunal under section 161(3), and
- (b) in the case of an application by the employer, section 162(2) (service of copy of application and notice of hearing) has effect with the substitution of a reference to the employee for the reference to the employer.
#### Consequences of failure to comply with order
##### 166
- (1) If on the application of an employee an employment tribunal is satisfied that the employer has not complied with the terms of an order for the reinstatement or re-engagement of the employee under section 163(4) or (5), the tribunal shall—
- (a) make an order for the continuation of the employee’s contract of employment, and
- (b) order the employer to pay the employee such compensation as the tribunal considers just and equitable in all the circumstances having regard—
- (i) to the infringement of the employee’s right to be reinstated or re-engaged in pursuance of the order, and
- (ii) to any loss suffered by the employee in consequence of the non-compliance.
- (2) Section 164 applies to an order under subsection (1)(a) as in relation to an order under section 163.
- (3) If on the application of an employee an employment tribunal is satisfied that the employer has not complied with the terms of an order for the continuation of a contract of employment, the following provisions apply.
- (4) If the non-compliance consists of a failure to pay an amount by way of pay specified in the order, the tribunal shall determine the amount owed by the employer on the date of the determination.
If on that date the tribunal also determines the employee’s complaint that he has been unfairly dismissed, it shall specify that amount separately from any other sum awarded to the employee.
- (5) In any other case, the tribunal shall order the employer to pay the employee such compensation as the tribunal considers just and equitable in all the circumstances having regard to any loss suffered by the employee in consequence of the non-compliance.
#### Interpretation and other supplementary provisions
##### 167
- (1) Part X of the Employment Rights Act 1996 (unfair dismissal) has effect subject to the provisions of sections 152 to 166 above.
- (2) Those sections shall be construed as one with that Part; and in those sections—
- “*complaint of unfair dismissal*” means a complaint under section 111 of the Employment Rights Act 1996;
- “*award of compensation for unfair dismissal*” means an award of compensation for unfair dismissal under section 112(4) or 117(3)(a) of that Act; and
- “*order for reinstatement or re-engagement*” means an order for reinstatement or re-engagement under section 113 of that Act.
- (3) Nothing in those sections shall be construed as conferring a right to complain of unfair dismissal from employment of a description to which that Part does not otherwise apply.
### Time off for trade union duties and activities
#### Time off for carrying out trade union duties
##### 168
- (1) An employer shall permit an employee of his who is an official of an independent trade union recognised by the employer to take time off during his working hours for the purpose of carrying out any duties of his, as such an official, concerned with—
- (a) negotiations with the employer related to or connected with matters falling within section 178(2) (collective bargaining) in relation to which the trade union is recognised by the employer, or
- (b) the performance on behalf of employees of the employer of functions related to or connected with matters falling within that provision which the employer has agreed may be so performed by the trade union, or
- (c) receipt of information from the employer and consultation by the employer under section 188 (redundancies) or under the Transfer of Undertakings (Protection of Employment) Regulations 2006, or
- (d) negotiations with a view to entering into an agreement under regulation 9 of the Transfer of Undertakings (Protection of Employment) Regulations 2006 that applies to employees of the employer, or
- (e) the performance on behalf of employees of the employer of functions related to or connected with the making of an agreement under that regulation.
- (2) He shall also permit such an employee to take time off during his working hours for the purpose of undergoing training in aspects of industrial relations—
- (a) relevant to the carrying out of such duties as are mentioned in subsection (1), and
- (b) approved by the Trades Union Congress or by the independent trade union of which he is an official.
- (3) 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 provisions of a Code of Practice issued by ACAS.
- (4) An employee may present a complaint to an employment tribunal that his employer has failed to permit him to take time off as required by this section.
#### Payment for time off under section 168
##### 169
- (1) An employer who permits an employee to take time off under section 168 or 168A shall pay him for the time taken off pursuant to the permission.
- (2) Where the employee’s remuneration for the work he would ordinarily have been doing during that time does not vary with the amount of work done, he shall be paid as if he had worked at that work for the whole of that time.
- (3) Where the employee’s remuneration for the work he would ordinarily have been doing during that time varies with the amount of work done, he shall be paid an amount calculated by reference to the average hourly earnings for that work.
The average hourly earnings shall be those of the employee concerned or, if no fair estimate can be made of those earnings, the average hourly earnings for work of that description of persons in comparable employment with the same employer or, if there are no such persons, a figure of average hourly earnings which is reasonable in the circumstances.
- (4) A right to be paid an amount under this section does not affect any right of an employee in relation to remuneration under his contract of employment, but—
- (a) any contractual remuneration paid to an employee in respect of a period of time off to which this section applies shall go towards discharging any liability of the employer under this section in respect of that period, and
- (b) any payment under this section in respect of a period shall go towards discharging any liability of the employer to pay contractual remuneration in respect of that period.
- (5) An employee may present a complaint to an employment tribunal that his employer has failed to pay him in accordance with this section.
#### Time off for trade union activities
##### 170
- (1) An employer shall permit an employee of his who is a member of an independent trade union recognised by the employer in respect of that description of employee to take time off during his working hours for the purpose of taking part in—
- (a) any activities of the union, and
- (b) any activities in relation to which the employee is acting as a representative of the union.
- (2) The right conferred by subsection (1) does not extend to activities which themselves consist of industrial action, whether or not in contemplation or furtherance of a trade dispute.
- (2A) The right conferred by subsection (1) does not extend to time off for the purpose of acting as, or having access to services provided by, a learning representative of a trade union.
- (2B) An employer shall permit an employee of his who is a member of an independent trade union recognised by the employer in respect of that description of employee to take time off during his working hours for the purpose of having access to services provided by a person in his capacity as a learning representative of the trade union.
- (2C) Subsection (2B) only applies if the learning representative would be entitled to time off under subsection (1) of section 168A for the purpose of carrying on in relation to the employee activities of the kind mentioned in subsection (2) of that section.
- (3) 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 provisions of a Code of Practice issued by ACAS.
- (4) An employee may present a complaint to an employment tribunal that his employer has failed to permit him to take time off as required by this section.
- (5) For the purposes of this section—
- (a) a person is a learning representative of a trade union if he is appointed or elected as such in accordance with its rules, and
- (b) a person who is a learning representative of a trade union acts as such if he carries on the activities mentioned in section 168A(2) in that capacity.
#### Time limit for proceedings
##### 171
- (1) An employment tribunal shall not consider a complaint under section 168, 168A, 169 or 170 unless it is presented to the tribunal—
- (a) within three months of the date when the failure occurred, or
- (b) where the tribunal is satisfied that it was not reasonably practicable for the complaint to be presented within that period, within such further period as the tribunal considers reasonable.
- (2) Section 292A (extension of time limits to facilitate conciliation before institution of proceedings) applies for the purposes of subsection (1)(a).
#### Remedies
##### 172
- (1) Where the tribunal finds a complaint under section 168 , 168A or 170 is well-founded, it shall make a declaration to that effect and may make an award of compensation to be paid by the employer to the employee.
- (2) The amount of the compensation shall be such as the tribunal considers just and equitable in all the circumstances having regard to the employer’s default in failing to permit time off to be taken by the employee and to any loss sustained by the employee which is attributable to the matters complained of.
- (3) Where on a complaint under section 169 the tribunal finds that the employer has failed to pay the employee in accordance with that section, it shall order him to pay the amount which it finds to be due.
#### Intepretation and other supplementary provisions
##### 173
- (1) For the purposes of sections 168 , 168A and 170 the working hours of an employee shall be taken to be any time when in accordance with his contract of employment he is required to be at work.
- (2) The remedy of an employee for infringement of the rights conferred on him by section 168, 168A, 169 or 170 is by way of complaint to an employment tribunal in accordance with this Part, and not otherwise.
- (3) The Secretary of State may by order made by statutory instrument amend section 168A for the purpose of changing the purposes for which an employee may take time off under that section.
- (4) No order may be made under subsection (3) unless a draft of the order has been laid before and approved by resolution of each House of Parliament.
### Right to membership of trade union
#### Right not to be unreasonably excluded or expelled from union
##### 174
- (1) An individual shall not be excluded or expelled from a trade union unless the exclusion or expulsion is permitted by this section.
- (2) The exclusion or expulsion of an individual from a trade union is permitted by this section if (and only if)—
- (a) he does not satisfy, or no longer satisfies, an enforceable membership requirement contained in the rules of the union,
- (b) he does not qualify, or no longer qualifies, for membership of the union by reason of the union operating only in a particular part or particular parts of Great Britain,
- (c) in the case of a union whose purpose is the regulation of relations between its members and one particular employer or a number of particular employers who are associated, he is not, or is no longer, employed by that employer or one of those employers, or
- (d) the exclusion or expulsion is entirely attributable to conduct of his (other than excluded conduct) and the conduct to which it is wholly or mainly attributable is not protected conduct.
- (3) A requirement in relation to membership of a union is “*enforceable*” for the purposes of subsection (2)(a) if it restricts membership solely by reference to one or more of the following criteria—
- (a) employment in a specified trade, industry or profession,
- (b) occupational description (including grade, level or category of appointment), and
- (c) possession of specified trade, industrial or professional qualifications or work experience.
- (4) For the purposes of subsection (2)(d) “*excluded conduct*”, in relation to an individual, means—
- (a) conduct which consists in his being or ceasing to be, or having been or ceased to be, a member of another trade union,
- (b) conduct which consists in his being or ceasing to be, or having been or ceased to be, employed by a particular employer or at a particular place, or
- (c) conduct to which section 65 (conduct for which an individual may not be disciplined by a union) applies or would apply if the references in that section to the trade union which is relevant for the purposes of that section were references to any trade union.
- (4A) For the purposes of subsection (2)(d) “protected conduct” is conduct which consists in the individual’s being or ceasing to be, or having been or ceased to be, a member of a political party.
- (4B) Conduct which consists of activities undertaken by an individual as a member of a political party is not conduct falling within subsection (4A).
- (4C) Conduct which consists in an individual's being or having been a member of a political party is not conduct falling within subsection (4A) if membership of that political party is contrary to—
- (a) a rule of the trade union, or
- (b) an objective of the trade union.
- (4D) For the purposes of subsection (4C)(b) in the case of conduct consisting in an individual's being a member of a political party, an objective is to be disregarded—
- (a) in relation to an exclusion, if it is not reasonably practicable for the objective to be ascertained by a person working in the same trade, industry or profession as the individual;
- (b) in relation to an expulsion, if it is not reasonably practicable for the objective to be ascertained by a member of the union.
- (4E) For the purposes of subsection (4C)(b) in the case of conduct consisting in an individual's having been a member of a political party, an objective is to be disregarded—
- (a) in relation to an exclusion, if at the time of the conduct it was not reasonably practicable for the objective to be ascertained by a person working in the same trade, industry or profession as the individual;
- (b) in relation to an expulsion, if at the time of the conduct it was not reasonably practicable for the objective to be ascertained by a member of the union.
- (4F) Where the exclusion or expulsion of an individual from a trade union is wholly or mainly attributable to conduct which consists of an individual's being or having been a member of a political party but which by virtue of subsection (4C) is not conduct falling within subsection (4A), the exclusion or expulsion is not permitted by virtue of subsection (2)(d) if any one or more of the conditions in subsection (4G) apply.
- (4G) Those conditions are—
- (a) the decision to exclude or expel is taken otherwise than in accordance with the union's rules;
- (b) the decision to exclude or expel is taken unfairly;
- (c) the individual would lose his livelihood or suffer other exceptional hardship by reason of not being, or ceasing to be, a member of the union.
- (4H) For the purposes of subsection (4G)(b) a decision to exclude or expel an individual is taken unfairly if (and only if)—
- (a) before the decision is taken the individual is not given—
- (i) notice of the proposal to exclude or expel him and the reasons for that proposal, and
- (ii) a fair opportunity to make representations in respect of that proposal, or
- (b) representations made by the individual in respect of that proposal are not considered fairly.
- (5) An individual who claims that he has been excluded or expelled from a trade union in contravention of this section may present a complaint to an employment tribunal.
#### Time limit for proceedings
##### 175
- (1) An employment tribunal shall not entertain a complaint under section 174 unless it is presented—
- (a) before the end of the period of six months beginning with the date of the exclusion or expulsion, 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 the tribunal considers reasonable.
- (2) Section 292A (extension of time limits to facilitate conciliation before institution of proceedings) applies for the purposes of subsection (1)(a).
#### Remedies
##### 176
- (1) Where the employment tribunal finds a complaint under section 174 is well-founded, it shall make a declaration to that effect.
- (1A) If a tribunal makes a declaration under subsection (1) and it appears to the tribunal that the exclusion or expulsion was mainly attributable to conduct falling within section 174(4A) it shall make a declaration to that effect.
- (1B) If a tribunal makes a declaration under subsection (1A) and it appears to the tribunal that the other conduct to which the exclusion or expulsion was attributable consisted wholly or mainly of conduct of the complainant which was contrary to—
- (a) a rule of the union, or
- (b) an objective of the union,
it shall make a declaration to that effect.
- (1C) For the purposes of subsection (1B), it is immaterial whether the complainant was a member of the union at the time of the conduct contrary to the rule or objective.
- (1D) A declaration by virtue of subsection (1B)(b) shall not be made unless the union shows that, at the time of the conduct of the complainant which was contrary to the objective in question, it was reasonably practicable for that objective to be ascertained—
- (a) if the complainant was not at that time a member of the union, by a person working in the same trade, industry or profession as the complainant, and
- (b) if he was at that time a member of the union, by a member of the union.
- (2) An individual whose complaint has been declared to be well-founded may make an application to an employment tribunal for an award of compensation to be paid to him by the union.
...
- (3) The application shall not be entertained if made—
- (a) before the end of the period of four weeks beginning with the date of the declaration under subsection (1), or
- (b) after the end of the period of six months beginning with that date.
- (4) The amount of compensation awarded shall, subject to the following provisions, be such as the employment tribunal ... considers just and equitable in all the circumstances.
- (5) Where the employment tribunal . . . finds that the exclusion or expulsion complained of was to any extent caused or contributed to by the action of the applicant, it shall reduce the amount of the compensation by such proportion as it considers just and equitable having regard to that finding.
- (6) The amount of compensation calculated in accordance with subsections (4) and (5) shall not exceed the aggregate of—
- (a) an amount equal to thirty times the limit for the time being imposed by section 227(1)(a) of the Employment Rights Act 1996 (maximum amount of a week’s pay for basic award in unfair dismissal cases), and
- (b) an amount equal to the limit for the time being imposed by section 124(1) of that Act (maximum compensatory award in such cases).
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (6A) If on the date on which the application was made the applicant had not been admitted or re-admitted to the union, the award shall not be less than £13,384.
- (6B) Subsection (6A) does not apply in a case where the tribunal which made the declaration under subsection (1) also made declarations under subsections (1A) and (1B).
- (7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (8) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Interpretation and other supplementary provisions
##### 177
- (1) For the purposes of section 174—
- (a) “*trade union*” does not include an organisation falling within paragraph (b) of section 1,
- (b) “*conduct*” includes statements, acts and omissions, and
- (c) “*employment*” includes any relationship whereby an individual personally does work or performs services for another person (related expressions being construed accordingly).
- (2) For the purposes of sections 174 to 176—
- (a) if an individual’s application for membership of a trade union is neither granted nor rejected before the end of the period within which it might reasonably have been expected to be granted if it was to be granted, he shall be treated as having been excluded from the union on the last day of that period, and
- (b) an individual who under the rules of a trade union ceases to be a member of the union on the happening of an event specified in the rules shall be treated as having been expelled from the union.
- (3) The remedy of an individual for infringement of the rights conferred by section 174 is by way of a complaint to an employment tribunal in accordance with that section, sections 175 and 176 and this section, and not otherwise.
- (4) Where a complaint relating to an expulsion which is presented under section 174 is declared to be well-founded, no complaint in respect of the expulsion shall be presented or proceeded with under section 66 (complaint of infringement of right not to be unjustifiably disciplined).
- (5) The rights conferred by section 174 are in addition to, and not in substitution for, any right which exists apart from that section; and, subject to subsection (4), nothing in that section, section 175 or 176 or this section affects any remedy for infringement of any such right.
## Part IV — Industrial Relations
### Chapter I — Collective bargaining
### Introductory
#### Collective agreements and collective bargaining
##### 178
- (1) In this Act “*collective agreement*” means any agreement or arrangement made by or on behalf of one or more trade unions and one or more employers or employers’ associations and relating to one or more of the matters specified below; and “*collective bargaining*” means negotiations relating to or connected with one or more of those matters.
- (2) The matters referred to above are—
- (a) terms and conditions of employment, or the physical conditions in which any workers are required to work;
- (b) engagement or non-engagement, or termination or suspension of employment or the duties of employment, of one or more workers;
- (c) allocation of work or the duties of employment between workers or groups of workers;
- (d) matters of discipline;
- (e) a worker’s membership or non-membership of a trade union;
- (f) facilities for officials of trade unions; and
- (g) machinery for negotiation or consultation, and other procedures, relating to any of the above matters, including the recognition by employers or employers’ associations of the right of a trade union to represent workers in such negotiation or consultation or in the carrying out of such procedures.
- (3) In this Act “*recognition*”, in relation to a trade union, means the recognition of the union by an employer, or two or more associated employers, to any extent, for the purpose of collective bargaining; and “*recognised*” and other related expressions shall be construed accordingly.
### Enforceability of collective agreements
#### Whether agreement intended to be a legally enforceable contract
##### 179
- (1) A collective agreement shall be conclusively presumed not to have been intended by the parties to be a legally enforceable contract unless the agreement—
- (a) is in writing, and
- (b) contains a provision which (however expressed) states that the parties intend that the agreement shall be a legally enforceable contract.
- (2) A collective agreement which does satisfy those conditions shall be conclusively presumed to have been intended by the parties to be a legally enforceable contract.
- (3) If a collective agreement is in writing and contains a provision which (however expressed) states that the parties intend that one or more parts of the agreement specified in that provision, but not the whole of the agreement, shall be a legally enforceable contract, then—
- (a) the specified part or parts shall be conclusively presumed to have been intended by the parties to be a legally enforceable contract, and
- (b) the remainder of the agreement shall be conclusively presumed not to have been intended by the parties to be such a contract.
- (4) A part of a collective agreement which by virtue of subsection (3)(b) is not a legally enforceable contract may be referred to for the purpose of interpreting a party of the agreement which is such a contract.
#### Effect of provisions restricting right to take industrial action
##### 180
- (1) Any terms of a collective agreement which prohibit or restrict the right of workers to engage in a strike or other industrial action, or have the effect of prohibiting or restricting that right, shall not form part of any contract between a worker and the person for whom he works unless the following conditions are met.
- (2) The conditions are that the collective agreement—
- (a) is in writing,
- (b) contains a provision expressly stating that those terms shall or may be incorporated in such a contract,
- (c) is reasonably accessible at his place of work to the worker to whom it applies and is available for him to consult during working hours, and
- (d) is one where each trade union which is a party to the agreement is an independent trade union;
and that the contract with the worker expressly or impliedly incorporates those terms in the contract.
- (3) The above provisions have effect notwithstanding anything in section 179 and notwithstanding any provision to the contrary in any agreement (including a collective agreement or a contract with any worker).
### Disclosure of information for purposes of collective bargaining
#### General duty of employers to disclose information
##### 181
- (1) An employer who recognises an independent trade union shall, for the purposes of all stages of collective bargaining about matters, and in relation to descriptions of workers, in respect of which the union is recognised by him, disclose to representatives of the union, on request, the information required by this section.
In this section and sections 182 to 185 “*representative*”, in relation to a trade union, means an official or other person authorised by the union to carry on such collective bargaining.
- (2) The information to be disclosed is all information relating to the employer’s undertaking (including information relating to use of agency workers in that undertaking) which is in his possession, or that of an associated employer, and is information—
- (a) without which the trade union representatives would be to a material extent impeded in carrying on collective bargaining with him, and
- (b) which it would be in accordance with good industrial relations practice that he should disclose to them for the purposes of collective bargaining.
- (3) A request by trade union representatives for information under this section shall, if the employer so requests, be in writing or be confirmed in writing.
- (4) In determining what would be in accordance with good industrial relations practice, regard shall be had to the relevant provisions of any Code of Practice issued by ACAS, but not so as to exclude any other evidence of what that practice is.
- (5) Information which an employer is required by virtue of this section to disclose to trade union representatives shall, if they so request, be disclosed or confirmed in writing.
#### Restrictions on general duty
##### 182
- (1) An employer is not required by section 181 to disclose information—
- (a) the disclosure of which would be against the interests of national security, or
- (b) which he could not disclose without contravening a prohibition imposed by or under an enactment, or
- (c) which has been communicated to him in confidence, or which he has otherwise obtained in consequence of the confidence reposed in him by another person, or
- (d) which relates specifically to an individual (unless that individual has consented to its being disclosed), or
- (e) the disclosure of which would cause substantial injury to his undertaking for reasons other than its effect on collective bargaining, or
- (f) obtained by him for the purpose of bringing, prosecuting or defending any legal proceedings.
In formulating the provisions of any Code of Practice relating to the disclosure of information, ACAS shall have regard to the provisions of this subsection.
- (2) In the performance of his duty under section 181 an employer is not required—
- (a) to produce, or allow inspection of, any document (other than a document prepared for the purpose of conveying or confirming the information) or to make a copy of or extracts from any document, or
- (b) to compile or assemble any information where the compilation or assembly would involve an amount of work or expenditure out of reasonable proportion to the value of the information in the conduct of collective bargaining.
#### Complaint of failure to disclose information
##### 183
- (1) A trade union may present a complaint to the Central Arbitration Committee that an employer has failed—
- (a) to disclose to representatives of the union information which he was required to disclose to them by section 181, or
- (b) to confirm such information in writing in accordance with that section.
The complaint must be in writing and in such form as the Committee may require.
- (2) If on receipt of a complaint the Committee is of the opinion that it is reasonably likely to be settled by conciliation, it shall refer the complaint to ACAS and shall notify the trade union and employer accordingly, whereupon ACAS shall seek to promote a settlement of the matter.
If a complaint so referred is not settled or withdrawn and ACAS is of the opinion that further attempts at conciliation are unlikely to result in a settlement, it shall inform the Committee of its opinion.
- (3) If the complaint is not referred to ACAS or, if it is so referred, on ACAS informing the Committee of its opinion that further attempts at conciliation are unlikely to result in a settlement, the Committee shall proceed to hear and determine the complaint and shall make a declaration stating whether it finds the complaint well-founded, wholly or in part, and stating the reasons for its findings.
- (4) On the hearing of a complaint any person who the Committee considers has a proper interest in the complaint is entitled to be heard by the Committee, but a failure to accord a hearing to a person other than the trade union and employer directly concerned does not affect the validity of any decision of the Committee in those proceedings.
- (5) If the Committee finds the complaint wholly or partly well-founded, the declaration shall specify—
- (a) the information in respect of which the Committee finds that the complaint is well founded,
- (b) the date (or, if more than one, the earliest date) on which the employer refused or failed to disclose or, as the case may be, to confirm in writing, any of the information in question, and
- (c) a period (not being less than one week from the date of the declaration) within which the employer ought to disclose that information, or, as the case may be, to confirm it in writing.
- (6) On a hearing of a complaint under this section a certificate signed by or on behalf of a Minister of the Crown and certifying that a particular request for information could not be complied with except by disclosing information the disclosure of which would have been against the interests of national security shall be conclusive evidence of that fact.
A document which purports to be such a certificate shall be taken to be such a certificate unless the contrary is proved.
#### Further complaint of failure to comply with declaration
##### 184
- (1) After the expiration of the period specified in a declaration under section 183(5)(c) the trade union may present a further complaint to the Central Arbitration Committee that the employer has failed to disclose or, as the case may be, to confirm in writing to representatives of the union information specified in the declaration.
The complaint must be in writing and in such form as the Committee may require.
- (2) On receipt of a further complaint the Committee shall proceed to hear and determine the complaint and shall make a declaration stating whether they find the complaint well-founded, wholly or in part, and stating the reasons for their finding.
- (3) On the hearing of a further complaint any person who the Committee consider has a proper interest in that complaint shall be entitled to be heard by the Committee, but a failure to accord a hearing to a person other than the trade union and employer directly concerned shall not affect the validity of any decision of the Committee in those proceedings.
- (4) If the Committee find the further complaint wholly or partly well-founded the declaration shall specify the information in respect of which the Committee find that that complaint is well-founded.
#### Determination of claim and award
##### 185
- (1) On or after presenting a further complaint under section 184 the trade union may present to the Central Arbitration Committee a claim, in writing, in respect of one or more descriptions of employees (but not workers who are not employees) specified in the claim that their contracts should include the terms and conditions specified in the claim.
- (2) The right to present a claim expires if the employer discloses or, as the case may be, confirms in writing, to representatives of the trade union the information specified in the declaration under section 183(5) or 184(4); and a claim presented shall be treated as withdrawn if the employer does so before the Committee make an award on the claim.
- (3) If the Committee find, or have found, the further complaint wholly or partly well-founded, they may, after hearing the parties, make an award that in respect of any description of employees specified in the claim the employer shall, from a specified date, observe either—
- (a) the terms and conditions specified in the claim; or
- (b) other terms and conditions which the Committee consider appropriate.
The date specified may be earlier than that on which the award is made but not earlier than the date specified in accordance with section 183(5)(b) in the declaration made by the Committee on the original complaint.
- (4) An award shall be made only in respect of a description of employees, and shall comprise only terms and conditions relating to matters in respect of which the trade union making the claim is recognised by the employer.
- (5) Terms and conditions which by an award under this section an employer is required to observe in respect of an employee have effect as part of the employee’s contract of employment as from the date specified in the award, except in so far as they are superseded or varied—
- (a) by a subsequent award under this section,
- (b) by a collective agreement between the employer and the union for the time being representing that employee, or
- (c) by express or implied agreement between the employee and the employer so far as that agreement effects an improvement in terms and conditions having effect by virtue of the award.
- (6) Where—
- (a) by virtue of any enactment, other than one contained in this section, providing for minimum remuneration or terms and conditions, a contract of employment is to have effect as modified by an award, order or other instrument under that enactment, and
- (b) by virtue of an award under this section any terms and conditions are to have effect as part of that contract,
that contract shall have effect in accordance with that award, order or other instrument or in accordance with the award under this section, whichever is the more favourable, in respect of any terms and conditions of that contract, to the employee.
- (7) No award may be made under this section in respect of terms and conditions of employment which are fixed by virtue of any enactment.
### Prohibition of union recognition requirements
#### Recognition requirement in contract for goods or services void
##### 186
A term or condition of a contract for the supply of goods or services is void in so far as it purports to require a party to the contract—
- (a) to recognise one or more trade unions (whether or not named in the contract) for the purpose of negotiating on behalf of workers, or any class of worker, employed by him, or
- (b) to negotiate or consult with, or with an official of, one or more trade unions (whether or not so named).
#### Refusal to deal on grounds of union exclusion prohibited
##### 187
- (1) A person shall not refuse to deal with a supplier or prospective supplier of goods or services if the ground or one of the grounds for his action is that the person against whom it is taken does not, or is not likely to—
- (a) recognise one or more trade unions for the purpose of negotiating on behalf of workers, or any class of worker, employed by him, or
- (b) negotiate or consult with, or with an official of, one or more trade unions.
- (2) A person refuses to deal with a person if—
- (a) where he maintains (in whatever form) a list of approved suppliers of goods or services, or of persons from whom tenders for the supply of goods or services may be invited, he fails to include the name of that person in that list; or
- (b) in relation to a proposed contract for the supply of goods or services—
- (i) he excludes that person from the group of persons from whom tenders for the supply of the goods or services are invited, or
- (ii) he fails to permit that person to submit such a tender; or
- (iii) he otherwise determines not to enter into acontract with that person for the supply of the goods or services. or
- (c) he terminates a contract with that person for the supply of goods or services.
- (3) The obligation to comply with this section is a duty owed to the person with whom there is a refusal to deal and to any other person who may be adversely affected by its contravention; and a breach of the duty is actionable accordingly (subject to the defences and other incidents applying to actions for breach of statutory duty).
### Chapter II — Procedure for Handling Redundancies
### Duty of employer to consult . . . representatives
#### Duty of employer to consult trade union representatives
##### 188
- (1) Where an employer is proposing to dismiss as redundant 20 or more employees at one establishment within a period of 90 days or less, the employer shall consult about the dismissals all the persons who are appropriate representatives of any of the employees who may be affected by the proposed dismissals or may be affected by measures taken in connection with those dismissals.
- (1A) The consultation shall begin in good time and in any event—
- (a) where the employer is proposing to dismiss 100 or more employees as mentioned in subsection (1), at least 45 days , and
- (b) otherwise, at least 30 days,
before the first of the dismissals takes effect.
- (1B) For the purposes of this section the appropriate representatives of any affected employees are–
- (a) if the employees are of a description in respect of which an independent trade union is recognised by their employer, representatives of the trade union, or
- (b) in any other case, whichever of the following employee representatives the employer chooses:–
- (i) employee representatives appointed or elected by the affected employees otherwise than for the purposes of this section, who (having regard to the purposes for and the method by which they were appointed or elected) have authority from those employees to receive information and to be consulted about the proposed dismissals on their behalf;
- (ii) employee representatives elected by the affected employees, for the purposes of this section, in an election satisfying the requirements of section 188A(1).
- (2) The consultation shall include consultation about ways of—
- (a) avoiding the dismissals,
- (b) reducing the numbers of employees to be dismissed, and
- (c) mitigating the consequences of the dismissals,
and shall be undertaken by the employer with a view to reaching agreement with the appropriate representatives.
- (3) In determining how many employees an employer is proposing to dismiss as redundant no account shall be taken of employees in respect of whose proposed dismissals consultation has already begun.
- (4) For the purposes of the consultation the employer shall disclose in writing to the appropriate representatives—
- (a) the reasons for his proposals,
- (b) the numbers and descriptions of employees whom it is proposed to dismiss as redundant,
- (c) the total number of employees of any such description employed by the employer at the establishment in question,
- (d) the proposed method of selecting the employees who may be dismissed, . . .
- (e) the proposed method of carrying out the dismissals, with due regard to any agreed procedure, including the period over which the dismissals are to take effect. ...
- (f) the proposed method of calculating the amount of any redundancy payments to be made (otherwise than in compliance with an obligation imposed by or by virtue of any enactment) to employees who may be dismissed.
- (g) the number of agency workers working temporarily for and under the supervision and direction of the employer,
- (h) the parts of the employer’s undertaking in which those agency workers are working, and
- (i) the type of work those agency workers are carrying out.
- (5) That information shall be given to each of the appropriate representatives by being delivered to them, or sent by post to an address notified by them to the employer, or (in the case of representatives of a trade union) sent by post to the union at the address of its head or main office.
- (5A) The employer 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.
- (6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (7) If in any case there are special circumstances which render it not reasonably practicable for the employer to comply with a requirement of subsection (1A), (2) or (4), the employer shall take all such steps towards compliance with that requirement as are reasonably practicable in those circumstances. Where the decision leading to the proposed dismissals is that of a person controlling the employer (directly or indirectly), a failure on the part of that person to provide information to the employer shall not constitute special circumstances rendering it not reasonably practicable for the employer to comply with such a requirement.
- (7A) Where—
- (a) the employer has invited any of the affected employees to elect employee representatives, and
- (b) the invitation was issued long enough before the time when the consultation is required by subsection (1A)(a) or (b) to begin to allow them to elect representatives by that time,
the employer shall be treated as complying with the requirements of this section in relation to those employees if he complies with those requirements as soon as is reasonably practicable after the election of the representatives.
- (7B) If, after the employer has invited affected employees to elect representatives, the affected employees fail to do so within a reasonable time, he shall give to each affected employee the information set out in subsection (4).
- (8) This section does not confer any rights on a trade union , a representative or an employee except as provided by sections 189 to 192 below.
#### Complaint by trade union and protective award
##### 189
- (1) Where an employer has failed to comply with a requirement of section 188 or section 188A, a complaint may be presented to an employment tribunal on that ground–
- (a) in the case of a failure relating to the election of employee representatives, by any of the affected employees or by any of the employees who have been dismissed as redundant;
- (b) in the case of any other failure relating to employee representatives, by any of the employee representatives to whom the failure related,
- (c) in the case of failure relating to representatives of a trade union, by the trade union, and
- (d) in any other case, by any of the affected employees or by any of the employees who have been dismissed as redundant.
- (1A) If on a complaint under subsection (1) a question arises as to whether or not any employee representative was an appropriate representative for the purposes of section 188, it shall be for the employer to show that the employee representative had the authority to represent the affected employees.
- (1B) On a complaint under subsection (1)(a) it shall be for the employer to show that the requirements in section 188A have been satisfied.
- (2) If the tribunal finds the complaint well-founded it shall make a declaration to that effect and may also make a protective award.
- (3) A protective award is an award in respect of one or more descriptions of employees—
- (a) who have been dismissed as redundant, or whom it is proposed to dismiss as redundant, and
- (b) in respect of whose dismissal or proposed dismissal the employer has failed to comply with a requirement of section 188,
ordering the employer to pay remuneration for the protected period.
- (4) The protected period—
- (a) begins with the date on which the first of the dismissals to which the complaint relates takes effect, or the date of the award, whichever is the earlier, and
- (b) is of such length as the tribunal determines to be just and equitable in all the circumstances having regard to the seriousness of the employer’s default in complying with any requirement of section 188;
but shall not exceed 90 days . . . .
- (5) An industrial tribunal shall not consider a complaint under this section unless it is presented to the tribunal—
- (a) before the date on which the last of the dismissals to which the complaint relates takes effect, or
- (b) during the period of three months beginning with that date, or
- (c) where the tribunal is satisfied that it was not reasonably practicable for the complaint to be presented during the period of three months, within such further period as it considers reasonable.
- (5A) Where the complaint concerns a failure to comply with a requirement of section 188 or 188A , section 292A (extension of time limits to facilitate conciliation before institution of proceedings) applies for the purposes of subsection (5)(b).
- (6) If on a complaint under this section a question arises—
- (a) whether there were special circumstances which rendered it not reasonably practicable for the employer to comply with any requirement of section 188, or
- (b) whether he took all such steps towards compliance with that requirement as were reasonably practicable in those circumstances,
it is for the employer to show that there were and that he did.
#### Entitlement under protective award
##### 190
- (1) Where an employment tribunal has made a protective award, every employee of a description to which the award relates is entitled, subject to the following provisions and to section 191, to be paid remuneration by his employer for the protected period.
- (2) The rate of remuneration payable is a week’s pay for each week of the period; and remuneration in respect of a period less than one week shall be calculated by reducing proportionately the amount of a week’s pay.
- (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (4) An employee is not entitled to remuneration under a protective award in respect of a period during which he is employed by the employer unless he would be entitled to be paid by the employer in respect of that period—
- (a) by virtue of his contract of employment, or
- (b) by virtue of sections 87 to 91 of the Employment Rights Act 1996 (rights of employee in period of notice),
if that period fell within the period of notice required to be given by section 86(1) of that Act.
- (5) Chapter II of Part XIV of the Employment Rights Act 1996 applies with respect to the calculation of a week’s pay for the purposes of this section.
The calculation date for the purposes of that Chapter is the date on which the protective award was made or, in the case of an employee who was dismissed before the date on which the protective award was made, the date which by virtue of section 226(5) is the calculation date for the purpose of computing the amount of a redundancy payment in relation to that dismissal (whether or not the employee concerned is entitled to any such payment).
- (6) If an employee of a description to which a protective award relates dies during the protected period, the award has effect in his case as if the protected period ended on his death.
#### Termination of employment during protected period
##### 191
- (1) Where the employee is employed by the employer during the protected period and—
- (a) he is fairly dismissed by his employer otherwise than as redundant, or
- (b) he unreasonably terminates the contract of employment,
then, subject to the following provisions, he is not entitled to remuneration under the protective award in respect of any period during which but for that dismissal or termination he would have been employed.
- (2) If an employer makes an employee an offer (whether in writing or not and whether before or after the ending of his employment under the previous contract) to renew his contract of employment, or to re-engage him under a new contract, so that the renewal or re-engagement would take effect before or during the protected period, and either—
- (a) the provisions of the contract as renewed, or of the new contract, as to the capacity and place in which he would be employed, and as to the other terms and conditions of his employment, would not differ from the corresponding provisions of the previous contract, or
- (b) the offer constitutes an offer of suitable employment in relation to the employee,
the following subsections have effect.
- (3) If the employee unreasonably refuses the offer, he is not entitled to remuneration under the protective award in respect of a period during which but for that refusal he would have been employed.
- (4) If the employee’s contract of employment is renewed, or he is re-engaged under a new contract of employment, in pursuance of such an offer as is referred to in subsection (2)(b), there shall be a trial period in relation to the contract as renewed, or the new contract (whether or not there has been a previous trial period under this section).
- (5) The trial period begins with the ending of his employment under the previous contract and ends with the expiration of the period of four weeks beginning with the date on which the he starts work under the contract as renewed, or the new contract, or such longer period as may be agreed in accordance with subsection (6) for the purpose of retraining the employee for employment under that contract.
- (6) Any such agreement—
- (a) shall be made between the employer and the employee or his representative before the employee starts work under the contract as renewed or, as the case may be, the new contract,
- (b) shall be in writing,
- (c) shall specify the date of the end of the trial period, and
- (d) shall specify the terms and conditions of employment which will apply in the employee’s case after the end of that period.
- (7) If during the trial period—
- (a) the employee, for whatever reason, terminates the contract, or gives notice to terminate it and the contract is thereafter, in consequence, terminated, or
- (b) the employer, for a reason connected with or arising out of the change to the renewed, or new, employment, terminates the contract, or gives notice to terminate it and the contract is thereafter, in consequence, terminated,
the employee remains entitled under the protective award unless, in a case falling within paragraph (a), he acted unreasonably in terminating or giving notice to terminate the contract.
#### Complaint by employee to industrial tribunal
##### 192
- (1) An employee may present a complaint to an employment tribunal on the ground that he is an employee of a description to which a protective award relates and that his employer has failed, wholly or in part, to pay him remuneration under the award.
- (2) An employment tribunal shall not entertain a complaint under this section unless it is presented to the tribunal—
- (a) before the end of the period of three months beginning with the day (or, if the complaint relates to more than one day, the last of the days) in respect of which the complaint is made of failure to pay remuneration, or
- (b) where the tribunal is satisfied that it was not reasonably practicable for the complaint to be presented within the period of three months, within such further period as it may consider reasonable.
- (2A) Section 292A (extension of time limits to facilitate conciliation before institution of proceedings) applies for the purposes of subsection (2)(a).
- (3) Where the tribunal finds a complaint under this section well-founded it shall order the employer to pay the complainant the amount of remuneration which it finds is due to him.
- (4) The remedy of an employee for infringement of his right to remuneration under a protective award is by way of complaint under this section, and not otherwise.
### Duty of employer to notify Secretary of State
#### Duty of employer to notify Secretary of State of certain redundancies
##### 193
- (1) An employer proposing to dismiss as redundant 100 or more employees at one establishment within a period of 90 days or less shall notify the Secretary of State, in writing, of his proposal
- (a) before giving notice to terminate an employee's contract of employment in respect of any of those dismissals, and
- (b) at least 45 days before the first of those dismissals takes effect.
- (2) An employer proposing to dismiss as redundant 20 or more employees at one establishment within such a period shall notify the Secretary of State, in writing, of his proposal
- (a) before giving notice to terminate an employee's contract of employment in respect of any of those dismissals, and
- (b) at least 30 days before the first of those dismissals takes effect.
- (3) In determining how many employees an employer is proposing to dismiss as redundant within the period mentioned in subsection (1) or (2), no account shall be taken of employees in respect of whose proposed dismissal notice has already been given to the Secretary of State.
- (4) A notice under this section shall—
- (a) be given to the Secretary of State by delivery to him or by sending it by post to him, at such address as the Secretary of State may direct in relation to the establishment where the employees proposed to be dismissed are employed,
- (b) where there are representatives to be consulted under section 188, identify them and state the date when consultation with them under that section began,
- (c) be in such form and contain such particulars, in addition to those required by paragraph (b), as the Secretary of State may direct.
- (5) After receiving a notice under this section from an employer the Secretary of State may by written notice require the employer to give him such further information as may be specified in the notice.
- (6) Where there are representatives to be consulted under section 188 the employer shall give to each of them a copy of any notice given under subsection (1) or (2).
The copy shall be delivered to them or sent by post to an address notified by them to the employer, or (in the case of representatives of a trade union) sent by post to the union at the address of its head or main office.
- (7) If in any case there are special circumstances rendering it not reasonably practicable for the employer to comply with any of the requirements of subsections (1) to (6), he shall take all such steps towards compliance with that requirement as are reasonably practicable in the circumstances Where the decision leading to the proposed dismissals is that of a person controlling the employer (directly or indirectly), a failure on the part of that person to provide information to the employer shall not constitute special circumstances rendering it not reasonably practicable for the employer to comply with any of those requirements..
#### Offence of failure to notify
##### 194
- (1) An employer who fails to give notice to the Secretary of State in accordance with section 193 commits an offence and is liable on summary conviction to a fine not exceeding level 5 on the standard scale.
- (2) Proceedings in England or Wales for such an offence shall be instituted only by or with the consent of the Secretary of State or by an officer authorised for that purpose by special or general directions of the Secretary of State.
An officer so authorised may . . . prosecute or conduct proceedings for such an offence before a magistrates’ court.
- (3) Where an offence under this section committed by a body corporate is proved to have been committed with the consent or connivance of, or to be attributable to neglect on the part of, any director, manager, secretary or other similar officer of the body corporate, or any person purporting to act in any such capacity, he as well as the body corporate is guilty of the offence and liable to be proceeded against and punished accordingly.
- (4) Where the affairs of a body corporate are managed by its members, subsection (3) applies in relation to the acts and defaults of a member in connection with his functions of management as if he were a director of the body corporate.
### Supplementary provisions
#### Meaning of “redundancy”
##### 195
- (1) In this Chapter references to dismissal as redundant are references to dismissal for a reason not related to the individual concerned or for a number of reasons all of which are not so related.
- (2) For the purposes of any proceedings under this Chapter, where an employee is or is proposed to be dismissed it shall be presumed, unless the contrary is proved, that he is or is proposed to be dismissed as redundant.
#### Meaning of “trade union representative”
##### 196
- (1) For the purposes of this Chapter persons are employee representatives if—
- (a) they have been elected by employees for the specific purpose of being consulted by their employer about dismissals proposed by him, or
- (b) having been elected or appointedby employees (whether before or after dismissals have been proposed by their employer) otherwise than for that specific purpose, it is appropriate (having regard to the purposes for which they were elected) for the employer to consult them about dismissals proposed by him,
and (in either case) they are employed by the employer at the time when they are elected or appointed.
- (2) References in this Chapter to representatives of a trade union, in relation to an employer, are to officials or other persons authorised by the trade union to carry on collective bargaining with the employer.
- (3) References in this Chapter to affected employees are to employees who may be affected by the proposed dismissals or who may be affected by measures taken in connection with such dismissals.
#### Power to vary provisions
##### 197
- (1) The Secretary of State may by order made by statutory instrument vary—
- (a) the provisions of sections 188(2) and 193(1) (requirements as to consultation and notification), and
- (b) the periods referred to at the end of section 189(4) (maximum protected period);
but no such order shall be made which has the effect of reducing to less than 30 days the periods referred to in sections 188(2) and 193(1) as the periods which must elapse before the first of the dismissals takes effect.
- (2) No such order shall be made unless a draft of the order has been laid before Parliament and approved by a resolution of each House of Parliament.
#### Power to adapt provisions in case of collective agreement
##### 198
- (1) This section applies where there is in force a collective agreement which establishes—
- (a) arrangements for providing alternative employment for employees to whom the agreement relates if they are dismissed as redundant by an employer to whom it relates, or
- (b) arrangements for handling the dismissal of employees as redundant.
- (2) On the application of all the parties to the agreement the Secretary of State may, if he is satisfied having regard to the provisions of the agreement that the arrangements are on the whole at least as favourable to those employees as the foregoing provisions of this Chapter, by order made by statutory instrument adapt, modify or exclude any of those provisions both in their application to all or any of those employees and in their application to any other employees of any such employer.
- (3) The Secretary of State shall not make such an order unless the agreement—
- (a) provides for procedures to be followed (whether by arbitration or otherwise) in cases where an employee to whom the agreement relates claims that any employer or other person to whom it relates has not complied with the provisions of the agreement, and
- (b) provides that those procedures include a right to arbitration or adjudication by an independent referee or body in cases where (by reason of an equality of votes or otherwise) a decision cannot otherwise be reached,
or indicates that any such employee may present a complaint to an employment tribunal that any such employer or other person has not complied with those provisions.
- (4) An order under this section may confer on an industrial tribunal to whom a complaint is presented as mentioned in subsection (3) such powers and duties as the Secretary of State considers appropriate.
- (5) An order under this section may be varied or revoked by a subsequent order thereunder either in pursuance of an application made by all or any of the parties to the agreement in question or without any such application.
### Chapter III — Codes of Practice
### Codes of Practice issued by ACAS
#### Issue of Codes of Practice by ACAS
##### 199
- (1) ACAS may issue Codes of Practice containing such practical guidance as it thinks fit for the purpose of promoting the improvement of industrial relations or for purposes connected with trade union learning representatives.
- (2) In particular, ACAS shall in one or more Codes of Practice provide practical guidance on the following matters—
- (a) the time off to be permitted by an employer to a trade union official in accordance with section 168 (time off for carrying out trade union duties);
- (b) the time off to be permitted by an employer to a trade union member in accordance with section 170 (time off for trade union activities); and
- (c) the information to be disclosed by employers to trade union representatives in accordance with sections 181 and 182 (disclosure of information for purposes of collective bargaining).
- (3) The guidance mentioned in subsection (2)(a) shall include guidance on the circumstances in which a trade union official is to be permitted to take time off under section 168 in respect of duties connected with industrial action; and the guidance mentioned in subsection (2)(b) shall include guidance on the question whether, and the circumstances in which, a trade union member is to be permitted to take time off under section 170 for trade union activities connected with industrial action.
- (4) ACAS may from time to time revise the whole or any part of a Code of Practice issued by it and issue that revised Code.
#### Procedure for issue of Code by ACAS
##### 200
- (1) Where ACAS proposes to issue a Code of Practice, or a revised Code, it shall prepare and publish a draft of the Code, shall consider any representations made to it about the draft and may modify the draft accordingly.
- (2) If ACAS determines to proceed with the draft, it shall transmit the draft to the Secretary of State who—
- (a) if he approves of it, shall lay it before both Houses of Parliament, and
- (b) if he does not approve of it, shall publish details of his reasons for withholding approval.
- (3) A Code containing practical guidance—
- (a) on the time off to be permitted to a trade union learning representative in accordance with section 168A (time off for training and carrying out functions as a learning representative),
- (b) on the training that is sufficient to enable a trade union learning representative to carry on the activities mentioned in section 168A(2) (activities for which time off is to be permitted), or
- (c) on any of the matters referred to in section 199(2),
shall not be issued unless the draft has been approved by a resolution of each House of Parliament; and if it is so approved, ACAS shall issue the Code in the form of the draft.
- (4) In any other case the following procedure applies—
- (a) if, within the period of 40 days beginning with the day on which the draft is laid before Parliament, (or, if copies are laid before the two Houses on different days, with the later of the two days) either House so resolves, no further proceedings shall be taken thereon, but without prejudice to the laying before Parliament of a new draft;
- (b) if no such resolution is passed, ACAS shall issue the Code in the form of the draft.
In reckoning the period of 40 days no account shall be taken of any period during which Parliament is dissolved or prorogued or during which both Houses are adjourned for more than four days.
- (5) A Code issued in accordance with this section shall come into effect on such day as the Secretary of State may appoint by order made by statutory instrument.
The order may contain such transitional provisions or savings as appear to him to be necessary or expedient.
#### Consequential revision of Code issued by ACAS
##### 201
- (1) A Code of Practice issued by ACAS may be revised by it in accordance with this section for the purpose of bringing it into conformity with subsequent statutory provisions by the making of consequential amendments and the omission of obsolete passages.
“*Subsequent statutory provisions*” means provisions made by or under an Act of Parliament and coming into force after the Code was issued (whether before or after the commencement of this Act).
- (2) Where ACAS proposes to revise a Code under this section, it shall transmit a draft of the revised Code to the Secretary of State who—
- (a) if he approves of it, shall lay the draft before each House of Parliament, and
- (b) if he does not approve of it, shall publish details of his reasons for withholding approval.
- (3) If, within the period of 40 days beginning with the day on which the draft is laid before Parliament, (or, if copies are laid before the two Houses on different days, with the later of the two days) either House so resolves, no further proceedings shall be taken thereon, but without prejudice to the laying before Parliament of a new draft.
In reckoning the period of 40 days no account shall be taken of any period during which Parliament is dissolved or prorogued or during which both Houses are adjourned for more than four days.
- (4) If no such resolution is passed ACAS shall issue the Code in the form of the draft and it shall come into effect on such day as the Secretary of State may appoint by order made by statutory instrument.
The order may contain such transitional provisions or savings as appear to the Secretary of State to be necessary or expedient.
#### Revocation of Code issued by ACAS
##### 202
- (1) A Code of Practice issued by ACAS may, at the request of ACAS, be revoked by the Secretary of State by order made by statutory instrument.
The order may contain such transitional provisions and savings as appear to him to be appropriate.
- (2) If ACAS requests the Secretary of State to revoke a Code and he decides not to do so, he shall publish details of his reasons for his decision.
- (3) An order shall not be made under this section unless a draft of it has been laid before and approved by resolution of each House of Parliament.
### Codes of Practice issued by the Secretary of State
#### Issue of Codes of Practice by the Secretary of State
##### 203
- (1) The Secretary of State may issue Codes of Practice containing such practical guidance as he thinks fit for the purpose—
- (a) of promoting the improvement of industrial relations, or
- (b) of promoting what appear to him to be to be desirable practices in relation to the conduct by trade unions of ballots and elections or for purposes connected with trade union learning representatives.
- (2) The Secretary of State may from time to time revise the whole or any part of a Code of Practice issued by him and issue that revised Code.
#### Procedure for issue of Code by Secretary of State
##### 204
- (1) When the Secretary of State proposes to issue a Code of Practice, or a revised Code, he shall after consultation with ACAS prepare and publish a draft of the Code, shall consider any representations made to him about the draft and may modify the draft accordingly.
- (2) If he determines to proceed with the draft, he shall lay it before both Houses of Parliament and, if it is approved by resolution of each House, shall issue the Code in the form of the draft.
- (3) A Code issued under this section shall come into effect on such day as the Secretary of State may by order appoint.
The order may contain such transitional provisions or savings as appear to him to be necessary or expedient.
- (4) An order under subsection (3) shall be made by statutory instrument, which shall be subject to annulment in pursuance of a resolution of either House of Parliament.
#### Consequential revision of Code issued by Secretary of State
##### 205
- (1) A Code of Practice issued by the Secretary of State may be revised by him in accordance with this section for the purpose of bringing it into conformity with subsequent statutory provisions by the making of consequential amendments and the omission of obsolete passages.
“*Subsequent statutory provisions*” means provisions made by or under an Act of Parliament and coming into force after the Code was issued (whether before or after the commencement of this Act).
- (2) Where the Secretary of State proposes to revise a Code under this section, he shall lay a draft of the revised Code before each House of Parliament.
- (3) If within the period of 40 days beginning with the day on which the draft is laid before Parliament, or, if copies are laid before the two Houses on different days, with the later of the two days, either House so resolves, no further proceedings shall be taken thereon, but without prejudice to the laying before Parliament of a new draft.
In reckoning the period of 40 days no account shall be taken of any period during which Parliament is dissolved or prorogued or during which both Houses are adjourned for more than four days.
- (4) If no such resolution is passed the Secretary of State shall issue the Code in the form of the draft and it shall come into effect on such day as he may appoint by order made by statutory instrument.
The order may contain such transitional provisions and savings as appear to him to be appropriate.
#### Revocation of Code issued by Secretary of State
##### 206
- (1) A Code of Practice issued by the Secretary of State may be revoked by him by order made by statutory instrument.
The order may contain such transitional provisions and savings as appear to him to be appropriate.
- (2) An order shall not be made under this section unless a draft of it has been laid before and approved by resolution of each House of Parliament.
### Supplementary provisions
#### Effect of failure to comply with Code
##### 207
- (1) A failure on the part of any person to observe any provision of a Code of Practice issued under this Chapter shall not of itself render him liable to any proceedings.
- (2) In any proceedings before an employment tribunal or the Central Arbitration Committee any Code of Practice issued under this Chapter by ACAS shall be admissible in evidence, and any provision of the Code which appears to the tribunal or Committee to be relevant to any question arising in the proceedings shall be taken into account in determining that question.
- (3) In any proceedings before a court or employment tribunal or the Central Arbitration Committee any Code of Practice issued under this Chapter by the Secretary of State shall be admissible in evidence, and any provision of the Code which appears to the court, tribunal or Committee to be relevant to any question arising in the proceedings shall be taken into account in determining that question.
#### Provisions of earlier Code superseded by later
##### 208
- (1) If ACAS is of the opinion that the provisions of a Code of Practice to be issued by it under this Chapter will supersede the whole or part of a Code previously issued under this Chapter, by it or by the Secretary of State, it shall in the new Code state that on the day on which the new Code comes into effect the old Code or a specified part of it shall cease to have effect.
- (2) If the Secretary of State is of the opinion that the provisions of a Code of Practice to be issued by him under this Chapter will supersede the whole or part of a Code previously issued under this Chapter by him or by ACAS, he shall in the new Code state that on the day on which the new Code comes into effect the old Code or a specified part of it shall cease to have effect.
- (3) The above provisions do not affect any transitional provisions or savings made by the order bringing the new Code into effect.
### Chapter IV — General
### Functions of ACAS
#### General duty to promote improvement of industrial relations
##### 209
It is the general duty of ACAS to promote the improvement of industrial relations . . . . . .
#### Conciliation
##### 210
- (1) Where a trade dispute exists or is apprehended ACAS may, at the request of one or more parties to the dispute or otherwise, offer the parties to the dispute its assistance with a view to bringing about a settlement.
- (2) The assistance may be by way of conciliation or by other means, and may include the appointment of a person other than an officer or servant of ACAS to offer assistance to the parties to the dispute with a view to bringing about a settlement.
- (3) In exercising its functions under this section ACAS shall have regard to the desirability of encouraging the parties to a dispute to use any appropriate agreed procedures for negotiation or the settlement of disputes.
#### Conciliation officers
##### 211
- (1) ACAS shall designate some of its officers to perform the functions of conciliation officers under any enactment (whenever passed) relating to matters which are or could be the subject of proceedings before an employment tribunal.
- (2) References in any such enactment to a conciliation officer are to an officer designated under this section.
#### Arbitration
##### 212
- (1) Where a trade dispute exists or is apprehended ACAS may, at the request of one or more of the parties to the dispute and with the consent of all the parties to the dispute, refer all or any of the matters to which the dispute relates for settlement to the arbitration of—
- (a) one or more persons appointed by ACAS for that purpose (not being officers or employees of ACAS), or
- (b) the Central Arbitration Committee.
- (2) In exercising its functions under this section ACAS shall consider the likelihood of the dispute being settled by conciliation.
- (3) Where there exist appropriate agreed procedures for negotiation or the settlement of disputes, ACAS shall not refer a matter for settlement to arbitration under this section unless—
- (a) those procedures have been used and have failed to result in a settlement, or
- (b) there is, in ACAS’s opinion, a special reason which justifies arbitration under this section as an alternative to those procedures.
- (4) Where a matter is referred to arbitration under subsection (1)(a)—
- (a) if more than one arbitrator or arbiter is appointed, ACAS shall appoint one of them to act as chairman; and
- (b) the award may be published if ACAS so decides and all the parties consent.
- (5) Nothing in any of sections 1 to 15 of and schedule 1 to the Arbitration (Scotland) Act 2010 or Part I of the Arbitration Act 1996 (general provisions as to arbitration) does not apply applies to an arbitration under this section.
#### Advice
##### 213
- (1) ACAS may, on request or otherwise, give employers, employers’ associations, workers and trade unions such advice as it thinks appropriate on matters concerned with or affecting or likely to affect industrial relations.
- (2) ACAS may also publish general advice on matters concerned with or affecting or likely to affect industrial relations.
#### Inquiry
##### 214
- (1) ACAS may, if it thinks fit, inquire into any question relating to industrial relations generally or to industrial relations in any particular industry or in any particular undertaking or part of an undertaking.
- (2) The findings of an inquiry under this section, together with any advice given by ACAS in connection with those findings, may be published by ACAS if—
- (a) it appears to ACAS that publication is desirable for the improvement of industrial relations, either generally or in relation to the specific question inquired into, and
- (b) after sending a draft of the findings to all parties appearing to to be concerned and taking account of their views, it thinks fit.
### Courts of inquiry
#### Inquiry and report by court of inquiry
##### 215
- (1) Where a trade dispute exists or is apprehended, the Secretary of State may inquire into the causes and circumstances of the dispute, and, if he thinks fit, appoint a court of inquiry and refer to it any matters appearing to him to be connected with or relevant to the dispute.
- (2) The court shall inquire into the matters referred to it and report on them to the Secretary of State; and it may make interim reports if it thinks fit.
- (3) Any report of the court, and any minority report, shall be laid before both Houses of Parliament as soon as possible.
- (4) The Secretary of State may, before or after the report has been laid before Parliament, publish or cause to be published from time to time, in such manner as he thinks fit, any information obtained or conclusions arrived at by the court as the result or in the course of its inquiry.
- (5) No report or publication made or authorised by the court or the Secretary of State shall include any information obtained by the court of inquiry in the course of its inquiry—
- (a) as to any trade union, or
- (b) as to any individual business (whether carried on by a person, firm, or company),
which is not available otherwise than through evidence given at the inquiry, except with the consent of the secretary of the trade union or of the person, firm, or company in question.
Nor shall any individual member of the court or any person concerned in the inquiry disclose such information without such consent.
- (6) The Secretary of State shall from time to time present to Parliament a report of his proceedings under this section.
#### Constitution and proceedings of court of inquiry
##### 216
- (1) A court of inquiry shall consist of—
- (a) a chairman and such other persons as the Secretary of State thinks fit to appoint, or
- (b) one person appointed by the Secretary of State,
as the Secretary of State thinks fit.
- (2) A court may act notwithstanding any vacancy in its number.
- (3) A court may conduct its inquiry in public or in private, at its discretion.
- (4) The Secretary of State may make rules regulating the procedure of a court of inquiry, including rules as to summoning of witnesses, quorum, and the appointment of committees and enabling the court to call for such documents as the court may determine to be relevant to the subject-matter of the inquiry.
- (5) A court of inquiry may, if and to such extent as may be authorised by rules under this section, by order require any person who appears to the court to have knowledge of the subject-matter of the inquiry—
- (a) to supply (in writing or otherwise) such particulars in relation thereto as the court may require, and
- (b) where necessary, to attend before the court and give evidence on oath;
and the court may administer or authorise any person to administer an oath for that purpose.
- (6) Provision shall be made by rules under this section with respect to the cases in which persons may appear by a relevant lawyer in proceedings before a court of inquiry, and except as provided by those rules no person shall be entitled to appear in any such proceedings by a relevant lawyer.
- (7) In subsection (6) “*relevant lawyer*” means—
- (a) a person who, for the purposes of the Legal Services Act 2007, is an authorised person in relation to an activity which constitutes the exercise of a right of audience or the conduct of litigation within the meaning of that Act, or
- (b) an advocate or solicitor in Scotland.
### Supplementary provisions
#### Exclusion of power of arbiter to state case to Court of Session
##### 217
Section 3 of the Administration of Justice (Scotland) Act 1972 (power of arbiter to state case for opinion of Court of Session) does not apply to—
- (a) any form of arbitration relating to a trade dispute, or
- (b) any other arbitration arising from a collective agreement.
#### Meaning of “trade dispute” in Part IV
##### 218
- (1) In this Part “*trade dispute*” means a dispute between employers and workers, or between workers and workers, which is connected with one or more of the following matters—
- (a) terms and conditions of employment, or the physical conditions in which any workers are required to work;
- (b) engagement or non-engagement, or termination or suspension of employment or the duties of employment, of one or more workers;
- (c) allocation of work or the duties of employment as between workers or groups of workers;
- (d) matters of discipline;
- (e) the membership or non-membership of a trade union on the part of a worker;
- (f) facilities for officials of trade unions; and
- (g) machinery for negotiation or consultation, and other procedures, relating to any of the foregoing matters, including the recognition by employers or employers’ associations of the right of a trade union to represent workers in any such negotiation or consultation or in the carrying out of such procedures.
- (2) A dispute between a Minister of the Crown and any workers shall, notwithstanding that he is not the employer of those workers, be treated for the purposes of this Part as a dispute between an employer and those workers if the dispute relates—
- (a) to matters which have been referred for consideration by a joint body on which, by virtue of any provision made by or under any enactment, that Minister is represented, or
- (b) to matters which cannot be settled without that Minister exercising a power conferred on him by or under an enactment.
- (3) There is a trade dispute for the purpose of this Part even though it relates to matters occurring outside Great Britain.
- (4) A dispute to which a trade union or employer’s association is a party shall be treated for the purposes of this Part as a dispute to which workers or, as the case may be, employers are parties.
- (5) In this section—
- “*employment*” includes any relationship whereby one person personally does work or performs services for another; and
- “*worker*”, in relation to a dispute to which an employer is a party, includes any worker even if not employed by that employer.
## Part V — Industrial action
### Protection of acts in contemplation or furtherance of trade dispute
#### Protection from certain tort liabilities
##### 219
- (1) An act done by a person in contemplation or furtherance of a trade dispute is not actionable in tort on the ground only—
- (a) that it induces another person to break a contract or interferes or induces another person to interfere with its performance, or
- (b) that it consists in his threatening that a contract (whether one to which he is a party or not) will be broken or its performance interfered with, or that he will induce another person to break a contract or interfere with its performance.
- (2) An agreement or combination by two or more persons to do or procure the doing of an act in contemplation or furtherance of a trade dispute is not actionable in tort if the act is one which if done without any such agreement or combination would not be actionable in tort.
- (3) Nothing in subsections (1) and (2) prevents an act done in the course of picketing from being actionable in tort unless—
- (a) it is done in the course of attendance declared lawful by section 220 (peaceful picketing), and
- (b) in the case of picketing to which section 220A applies, the requirements in that section (union supervision of picketing) are complied with.
- (4) Subsections (1) and (2) have effect subject to—
- (a) sections 222 to 225 (action excluded from protection),
- (b) section 226 (requirement of ballot before action by trade union), and
- (c) section 234A (requirement of notice to employer of industrial action);
and in those sections “*not protected*” means excluded from the protection afforded by this section or, where the expression is used with reference to a particular person, excluded from that protection as respects that person.
#### Peaceful picketing
##### 220
- (1) It is lawful for a person in contemplation or furtherance of a trade dispute to attend—
- (a) at or near his own place of work, or
- (b) if he is an official of a trade union, at or near the place of work of a member of the union whom he is accompanying and whom he represents,
for the purpose only of peacefully obtaining or communicating information, or peacefully persuading any person to work or abstain from working.
- (2) If a person works or normally works—
- (a) otherwise than at any one place, or
- (b) at a place the location of which is such that attendance there for a purpose mentioned in subsection (1) is impracticable,
his place of work for the purposes of that subsection shall be any premises of his employer from which he works or from which his work is administered.
- (3) In the case of a worker not in employment where—
- (a) his last employment was terminated in connection with a trade dispute, or
- (b) the termination of his employment was one of the circumstances giving rise to a trade dispute,
in relation to that dispute his former place of work shall be treated for the purposes of subsection (1) as being his place of work.
- (4) A person who is an official of a trade union by virtue only of having been elected or appointed to be a representative of some of the members of the union shall be regarded for the purposes of subsection (1) as representing only those members; but otherwise an official of a union shall be regarded for those purposes as representing all its members.
#### Restrictions on grant of injunctions and interdicts
##### 221
- (1) Where—
- (a) an application for an injunction or interdict is made to a court in the absence of the party against whom it is sought or any representative of his, and
- (b) he claims, or in the opinion of the court would be likely to claim, that he acted in contemplation or furtherance of a trade dispute,
the court shall not grant the injunction or interdict unless satisfied that all steps which in the circumstances were reasonable have been taken with a view to securing that notice of the application and an opportunity of being heard with respect to the application have been given to him.
- (2) Where—
- (a) an application for an interlocutory injunction is made to a court pending the trial of an action, and
- (b) the party against whom it is sought claims that he acted in contemplation or furtherance of a trade dispute,
the court shall, in exercising its discretion whether or not to grant the injunction, have regard to the likelihood of that party’s succeeding at the trial of the action in establishing any matter which would afford a defence to the action under section 219 (protection from certain tort liabilities) or section 220 (peaceful picketing).
This subsection does not extend to Scotland.
### Action excluded from protection
#### Action to enforce trade union membership
##### 222
- (1) An act is not protected if the reason, or one of the reasons, for which it is done is the fact or belief that a particular employer—
- (a) is employing, has employed or might employ a person who is not a member of a trade union, or
- (b) is failing, has failed or might fail to discriminate against such a person.
- (2) For the purposes of subsection (1)(b) an employer discriminates against a person if, but only if, he ensures that his conduct in relation to—
- (a) persons, or persons of any description, employed by him, or who apply to be, or are, considered by him for employment, or
- (b) the provision of employment for such persons,
is different, in some or all cases, according to whether or not they are members of a trade union, and is more favourable to those who are.
- (3) An act is not protected if it constitutes, or is one of a number of acts which together constitute, an inducement or attempted inducement of a person—
- (a) to incorporate in a contract to which that person is a party, or a proposed contract to which he intends to be a party, a term or condition which is or would be void by virtue of section 144 (union membership requirement in contract for goods or services), or
- (b) to contravene section 145 (refusal to deal with person on grounds relating to union membership).
- (4) References in this section to an employer employing a person are to a person acting in the capacity of the person for whom a worker works or normally works.
- (5) References in this section to not being a member of a trade union are to not being a member of any trade union, of a particular trade union or of one of a number of particular trade unions.
Any such reference includes a reference to not being a member of a particular branch or section of a trade union or of one of a number of particular branches or sections of a trade union.
#### Action taken because of dismissal for taking unofficial action
##### 223
An act is not protected if the reason, or one of the reasons, for doing it is the fact or belief that an employer has dismissed one or more employees in circumstances such that by virtue of section 237 (dismissal in connection with unofficial action) they have no right to complain of unfair dismissal.
#### Secondary action
##### 224
- (1) An act is not protected if one of the facts relied on for the purpose of establishing liability is that there has been secondary action which is not lawful picketing.
- (2) There is secondary action in relation to a trade dispute when, and only when, a person—
- (a) induces another to break a contract of employment or interferes or induces another to interfere with its performance, or
- (b) threatens that a contract of employment under which he or another is employed will be broken or its performance interfered with, or that he will induce another to break a contract of employment or to interfere with its performance,
and the employer under the contract of employment is not the employer party to the dispute.
- (3) Lawful picketing means acts done in the course of such attendance as is declared lawful by section 220 (peaceful picketing)—
- (a) by a worker employed (or, in the case of a worker not in employment, last employed) by the employer party to the dispute, or
- (b) by a trade union official whose attendance is lawful by virtue of subsection (1)(b) of that section.
- (4) For the purposes of this section an employer shall not be treated as party to a dispute between another employer and workers of that employer; and where more than one employer is in dispute with his workers, the dispute between each employer and his workers shall be treated as a separate dispute.
In this subsection “*worker*” has the same meaning as in section 244 (meaning of “*trade dispute*”).
- (5) An act in contemplation or furtherance of a trade dispute which is primary action in relation to that dispute may not be relied on as secondary action in relation to another trade dispute.
Primary action means such action as is mentioned in paragraph (a) or (b) of subsection (2) where the employer under the contract of employment is the employer party to the dispute.
- (6) In this section “*contract of employment*” includes any contract under which one person personally does work or performs services for another, and related expressions shall be construed accordingly.
#### Pressure to impose union recognition requirement
##### 225
- (1) An act is not protected if it constitutes, or is one of a number of acts which together constitute, an inducement or attempted inducement of a person—
- (a) to incorporate in a contract to which that person is a party, or a proposed contract to which he intends to be a party, a term or condition which is or would be void by virtue of section 186 (recognition requirement in contract for goods or services), or
- (b) to contravene section 187 (refusal to deal with person on grounds of union exclusion).
- (2) An act is not protected if—
- (a) it interferes with the supply (whether or not under a contract) of goods or services, or can reasonably be expected to have that effect, and
- (b) one of the facts relied upon for the purpose of establishing liability is that a person has—
- (i) induced another to break a contract of employment or interfered or induced another to interfere with its performance, or
- (ii) threatened that a contract of employment under which he or another is employed will be broken or its performance interfered with, or that he will induce another to break a contract of employment or to interfere with its performance, and
- (c) the reason, or one of the reasons, for doing the act is the fact or belief that the supplier (not being the employer under the contract of employment mentioned in paragraph (b)) does not, or might not—
- (i) recognise one or more trade unions for the purpose of negotiating on behalf of workers, or any class of worker, employed by him, or
- (ii) negotiate or consult with, or with an official of, one or more trade unions.
### Requirement of ballot before action by trade union
#### Requirement of ballot before action by trade union
##### 226
- (1) An act done by a trade union to induce a person to take part, or continue to take part, in industrial action -
- (a) is not protected unless the industrial action has the support of a ballot, and
- (b) where section 226A falls to be complied with in relation to the person’s employer, is not protected as respects the employer unless the trade union has complied with section 226A in relation to him.
- In this section “*the relevant time*”, in relation to an act by a trade union to induce a person to take part, or continue to take part, in industrial action, means the time at which proceedings are commenced in respect of the act.
- (2) Industrial action shall be regarded as having the support of a ballot only if—
- (a) the union has held a ballot in respect of the action—
- (i) in relation to which the requirements of section 226B so far as applicable before and during the holding of the ballot were satisfied,
- (ii) in relation to which the requirements of sections 227 to 231 were satisfied,...
- (iia) in which at least 50% of those who were entitled to vote in the ballot did so, and
- (iii) in which the required number of persons (see subsections (2A) to (2C)) answered “Yes" to the question applicable in accordance with section 229(2) to industrial action of the kind to which the act of inducement relates;
- (b) such of the requirements of the following sections as have fallen to be satisfied at the relevant time have been satisfied, namely—
- (i) section 226B so far as applicable after the holding of the ballot, and
- (ii) section 231B; . . .
- (bb) section 232A does not prevent the industrial action from being regarded as having the support of the ballot; and
- (c) the requirements of section 233 (calling of industrial action with support of ballot) are satisfied.
Any reference in this subsection to a requirement of a provision which is disapplied or modified by section 232 has effect subject to that section.
- (2A) In all cases, the required number of persons for the purposes of subsection (2)(a)(iii) is the majority voting in the ballot.
- (2B) There is an additional requirement where the majority of those who were entitled to vote in the ballot are at the relevant time normally engaged in the provision of important public services, unless at that time the union reasonably believes this not to be the case.
- (2C) The additional requirement is that at least 40% of those who were entitled to vote in the ballot answered “Yes” to the question.
- (2D) In subsection (2B) “*important public services*” has the meaning given by regulations made by statutory instrument by the Secretary of State.
- (2E) Regulations under subsection (2D) may specify only services that fall within any of the following categories—
- (a) health services;
- (b) education of those aged under 17;
- (c) fire services;
- (d) transport services;
- (e) decommissioning of nuclear installations and management of radioactive waste and spent fuel;
- (f) border security.
- (2EA) But regulations under subsection (2D) may not specify services provided by a devolved Welsh authority.
- (2F) No regulations shall be made under subsection (2D) unless a draft of them has been laid before Parliament and approved by a resolution of each House of Parliament.
- (3) Where separate workplace ballots are held by virtue of section 228(1)—
- (a) industrial action shall be regarded as having the support of a ballot if the conditions specified in subsection (2) are satisfied, and
- (b) the trade union shall be taken to have complied with the requirements relating to a ballot imposed by section 226A if those requirements are complied with,
in relation to the ballot for the place of work of the person induced to take part, or continue to take part, in the industrial action.
- (3A) If the requirements of section 231A fall to be satisfied in relation to an employer, as respects that employer industrial action shall not be regarded as having the support of a ballot unless those requirements are satisfied in relation to that employer.
- (4) For the purposes of this section an inducement, in relation to a person, includes an inducement which is or would be ineffective, whether because of his unwillingness to be influenced by it or for any other reason.
#### Entitlement to vote in ballot
##### 227
- (1) Entitlement to vote in the ballot must be accorded equally to all the members of the trade union who it is reasonable at the time of the ballot for the union to believe will be induced by the union to take part or, as the case may be, to continue to take part in the industrial action in question, and to no others.
- (2) The requirement in subsection (1) shall be taken not to have been satisfied if any person who was a member of the trade union at the time when the ballot was held and was denied entitlement to vote in the ballot is induced by the union to take part or, as the case may be, to continue to take part in the industrial action.
#### Separate workplace ballots
##### 228
- (1) Subject to subsection (2), this section applies if the members entitled to vote in a ballot by virtue of section 227 do not all have the same workplace.
- (2) This section does not apply if the union reasonably believes that all those members have the same workplace.
- (3) Subject to section 228A, a separate ballot shall be held for each workplace; and entitlement to vote in each ballot shall be accorded equally to, and restricted to, members of the union who—
- (a) are entitled to vote by virtue of section 227, and
- (b) have that workplace.
- (4) In this section and section 228A “*workplace*” in relation to a person who is employed means—
- (a) if the person works at or from a single set of premises, those premises, and
- (b) in any other case, the premises with which the person’s employment has the closest connection.
#### Voting paper
##### 229
- (1) The method of voting in a ballot must be by the marking of a voting paper by the person voting.
- (1A) Each voting paper must—
- (a) state the name of the independent scrutineer,
- (b) clearly specify the address to which, and the date by which, it is to be returned,
- (c) be given one of a series of consecutive whole numbers every one of which is used in giving a different number in that series to each voting paper printed or otherwise produced for the purposes of the ballot, and
- (d) be marked with its number.
This subsection, in its application to a ballot in which merchant seamen to whom section 230(2A) applies are entitled to vote, shall have effect with the substitution, for the reference to the address to which the voting paper is to be returned, of a reference to the ship to which the seamen belong.
- (2) The voting paper must contain at least one of the following questions—
- (a) a question (however framed) which requires the person answering it to say, by answering “Yes" or “No", whether he is prepared to take part or, as the case may be, to continue to take part in a strike;
- (b) a question (however framed) which requires the person answering it to say, by answering “Yes" or “No", whether he is prepared to take part or, as the case may be, to continue to take part in industrial action short of a strike.
- (2A) For the purposes of subsection (2) an overtime ban and a call-out ban constitute industrial action short of a strike.
- (2B) The voting paper must include a summary of the matter or matters in issue in the trade dispute to which the proposed industrial action relates.
- (2C) Where the voting paper contains a question about taking part in industrial action short of a strike, the type or types of industrial action must be specified (either in the question itself or elsewhere on the voting paper).
- (2D) The voting paper must indicate the period or periods within which the industrial action or, as the case may be, each type of industrial action is expected to take place.
- (3) The voting paper must specify who, in the event of a vote in favour of industrial action, is authorised for the purposes of section 233 to call upon members to take part or continue to take part in the industrial action.
The person or description of persons so specified need not be authorised under the rules of the union but must be within section 20(2) (persons for whose acts the union is taken to be responsible).
- (4) The following statement must (without being qualified or commented upon by anything else on the voting paper) appear on every voting paper—
“If you take part in a strike or other industrial action, you may be in breach of your contract of employment."
#### Conduct of ballot
##### 230
- (1) Every person who is entitled to vote in the ballot must—
- (a) be allowed to vote without interference from, or constraint imposed by, the union or any of its members, officials or employees, and
- (b) so far as is reasonably practicable, be enabled to do so without incurring any direct cost to himself.
- (2) Except as regards persons falling within subsection (2A), so far as is reasonably practicable, every person who is entitled to vote in the ballot must—
- (a) have a voting paper sent to him by post at his home address or any other address which he has requested the trade union in writing to treat as his postal address; and
- (b) be given a convenient opportunity to vote by post.
- (2A) Subsection (2B) applies to a merchant seaman if the trade union reasonably believes that—
- (a) he will be employed in a ship either at sea or at a place outside Great Britain at some time in the period during which votes may be cast, and
- (b) it will be convenient for him to receive a voting paper and to vote while on the ship or while at a place where the ship is rather than in accordance with subsection (2).
- (2B) Where this subsection applies to a merchant seaman he shall, if it is reasonably practicable—
- (a) have a voting paper made available to him while on the ship or while at a place where the ship is, and
- (b) be given an opportunity to vote while on the ship or while at a place where the ship is.
- (2C) In subsections (2A) and (2B) “*merchant seaman*” means a person whose employment, or the greater part of it, is carried out on board sea-going ships.
- (4) A ballot shall be conducted so as to secure that—
- (a) so far as is reasonably practicable, those voting do so in secret, and
- (b) the votes given in the ballot are fairly and accurately counted.
For the purposes of paragraph (b) an inaccuracy in counting shall be disregarded if it is accidental and on a scale which could not affect the result of the ballot.
#### Information as to result of ballot
##### 231
As soon as is reasonably practicable after the holding of the ballot, the trade union shall take such steps as are reasonably necessary to ensure that all persons entitled to vote in the ballot are told—
- (a) the number of individuals who were entitled to vote in the ballot,
- (b) the number of votes cast in the ballot,
- (c) the number of individuals answering “Yes” to the question, or as the case may be, to each question,
- (d) the number of individuals answering “No” to the question, or as the case may be, to each question,
- (e) the number of spoiled or otherwise invalid voting papers returned,
- (f) whether or not the number of votes cast in the ballot is at least 50% of the number of individuals who were entitled to vote in the ballot, and
- (g) where section 226(2B) applies, whether or not the number of individuals answering “Yes” to the question (or each question) is at least 40% of the number of individuals who were entitled to vote in the ballot.
#### Balloting of overseas members
##### 232
- (1) A trade union which has overseas members may choose whether or not to accord any of those members entitlement to vote in a ballot; and nothing in section 226B to 230 and 231B applies in relation to an overseas member or a vote cast by such a member.
- (2) Where overseas members have voted in the ballot—
- (a) the references in sections 231 and 231A to persons entitled to vote in the ballot do not include overseas members, and
- (b) those sections shall be read as requiring the information mentioned in section 231 to distinguish between overseas members and other members.
- (3) An “*overseas member*” of a trade union means a member (other than a merchant seaman or offshore worker) who is outside Great Britain throughout the period during which votes may be cast.
For this purpose—
- “*merchant seaman*” means a person whose employment, or the greater part of it, is carried out on board sea-going ships; and
- “*offshore worker*” means a person in offshore employment, other than one who is in such employment in an area where the law of Northern Ireland applies.
- (4) A member who throughout the period during which votes may be cast is in Northern Ireland shall not be treated as an overseas member—
- (a) where the ballot is one to which section 228(1) or (2) applies (workplace ballots) and his place of work is in Great Britain, or
- (b) where the ballot is one to which section 228(3) applies (general ballots) and relates to industrial action involving members both in Great Britain and in Northern Ireland.
- (5) In relation to offshore employment the references in subsection (4) to Northern Ireland include any area where the law of Northern Ireland applies and the references to Great Britain include any area where the law of England and Wales or Scotland applies.
#### Calling of industrial action with support of ballot
##### 233
- (1) Industrial action shall be regarded as having the support of a ballot only if—
- (a) it is called by a person specified or of a description specified in the voting paper for the ballot in accordance with section 229(3), and
- (b) there was no call by the trade union to take part or continue to take part in industrial action to which the ballot relates, or any authorisation or endorsement by the union of any such industrial action, before the date of the ballot.
- (4) For the purposes of this section a call shall be taken to have been made by a trade union if it was authorised or endorsed by the union; and the provisions of section 20(2) to (4) apply for the purpose of determining whether a call, or industrial action, is to be taken to have been so authorised or endorsed.
#### Period after which ballot ceases to be effective
##### 234
- (1) Industrial action that is regarded as having the support of a ballot shall cease to be so regarded at the end of the period, beginning with the date of the ballot—
- (a) of six months, or
- (b) of such longer duration not exceeding nine months as is agreed between the union and the members' employer.
- (1A) Subsection (1) has effect—
- (a) without prejudice to the possibility of the industrial action getting the support of a fresh ballot; and
- (b) subject to the following provisions.
- (2) Where for the whole or part of that period the calling or organising of industrial action is prohibited—
- (a) by virtue of a court order which subsequently lapses or is discharged, recalled or set aside, or
- (b) by virtue of an undertaking given to a court by any person from which he is subsequently released or by which he ceases to be bound,
the trade union may apply to the court for an order that the period during which the prohibition had effect shall not count towards the period referred to in subsection (1).
- (3) The application must be made forthwith upon the prohibition ceasing to have effect—
- (a) to the court by virtue of whose decision it ceases to have effect, or
- (b) where an order lapses or an undertaking ceases to bind without any such decision, to the court by which the order was made or to which the undertaking was given;
...
- (4) The court shall not make an order if it appears to the court—
- (a) that the result of the ballot no longer represents the views of the union members concerned, or
- (b) that an event is likely to occur as a result of which those members would vote against industrial action if another ballot were to be held.
- (5) No appeal lies from the decision of the court to make or refuse an order under this section.
- (6) The period between the making of an application under this section and its determination does not count towards the period referred to in subsection (1).
...
#### Construction of references to contract of employment
##### 235
In sections 226 to 234A references to a contract of employment include any contract under which one person personally does work or performs services for another; and “employer" and other related expressions shall be construed accordingly.
### No compulsion to work
#### No compulsion to work
##### 236
No court shall, whether by way of—
- (a) an order for specific performance or specific implement of a contract of employment, or
- (b) an injunction or interdict restraining a breach or threatened breach of such a contract,
compel an employee to do any work or attend at any place for the doing of any work.
### Loss of unfair dismissal protection
#### Dismissal of those taking part in unofficial industrial action
##### 237
- (1) An employee has no right to complain of unfair dismissal if at the time of dismissal he was taking part in an unofficial strike or other unofficial industrial action.
- (1A) Subsection (1) does not apply to the dismissal of the employee if it is shown that the reason (or, if more than one, the principal reason) for the dismissal or, in a redundancy case, for selecting the employee for dismissal was one of those specified in or under—.
- (a) section 98B, 99, 100, 101A(d), 103 , 103A, 104C , 104D or 104E of the Employment Rights Act 1996 (dismissal in jury service, family, health and safety, working time, employee representative, protected disclosure, flexible working , pension scheme membership, and study and training cases),
- (b) section 104 of that Act in its application in relation to time off under section 57A of that Act (dependants);; and a reference to a specified reason for dismissal includes a reference to specified circumstances of dismissal
- (2) A strike or other industrial action is unofficial in relation to an employee unless—
- (a) he is a member of a trade union and the action is authorised or endorsed by that union, or
- (b) he is not a member of a trade union but there are among those taking part in the industrial action members of a trade union by which the action has been authorised or endorsed.
- (3) The provisions of section 20(2) apply for the purpose of determining whether industrial action is to be taken to have been authorised or endorsed by a trade union.
- (4) The question whether industrial action is to be so taken in any case shall be determined by reference to the facts as at the time of dismissal.
- (5) In this section the “*time of dismissal*” means—
- (a) where the employee’s contract of employment is terminated by notice, when the notice is given,
- (b) where the employee’s contract of employment is terminated without notice, when the termination takes effect, and
- (c) where the employee is employed under a contract for a fixed term which expires without being renewed under the same contract, when that term expires;
and a “*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.
- (6) For the purposes of this section membership of a trade union for purposes unconnected with the employment in question shall be disregarded; but an employee who was a member of a trade union when he began to take part in industrial action shall continue to be treated as a member for the purpose of determining whether that action is unofficial in relation to him or another notwithstanding that he may in fact have ceased to be a member.
#### Dismissals in connection with other industrial action
##### 238
- (1) This section applies in relation to an employee who has a right to complain of unfair dismissal (the “*complainant*”) and who claims to have been unfairly dismissed, where at the date of the dismissal—
- (a) the employer was conducting or instituting a lock-out, or
- (b) the complainant was taking part in a strike or other industrial action.
- (2) In such a case an employment tribunal shall not determine whether the dismissal was fair or unfair unless it is shown—
- (a) that one or more relevant employees of the same employer have not been dismissed, or
- (b) that a relevant employee has before the expiry of the period of three months beginning with the date of his dismissal been offered re-engagement and that the complainant has not been offered re-engagement.
- (2A) Subsection (2) does not apply to the dismissal of the employee if it is shown that the reason (or, if more than one, the principal reason) for the dismissal or, in a redundancy case, for selecting the employee for dismissal was one of those specified in or under—.
- (a) section 98B, 99, 100, 101A(d) , 103, 104C , 104D or 104E of the Employment Rights Act 1996 (dismissal in jury service, family, health and safety, working time , employee representative, flexible working , pension scheme membership, and study and training cases),
- (b) section 104 of that Act in its application in relation to time off under section 57A of that Act (dependants);; and a reference to a specified reason for dismissal includes a reference to specified circumstances of dismissal
- (2B) Subsection (2) does not apply in relation to an employee who is regarded as unfairly dismissed by virtue of section 238A below.
- (3) For this purpose “*relevant employees*” means—
- (a) in relation to a lock-out, employees who were directly interested in the dispute in contemplation or furtherance of which the lock-out occurred, and
- (b) in relation to a strike or other industrial action, those employees at the establishment of the employer at or from which the complainant works who at the date of his dismissal were taking part in the action.
Nothing in section 237 (dismissal of those taking part in unofficial industrial action) affects the question who are relevant employees for the purposes of this section.
- (4) An offer of re-engagement means an offer (made either by the original employer or by a successor of that employer or an associated employer) to re-engage an employee, either in the job which he held immediately before the date of dismissal or in a different job which would be reasonably suitable in his case.
- (5) In this section “*date of dismissal*” means—
- (a) where the employee’s contract of employment was terminated by notice, the date on which the employer’s notice was given, and
- (b) in any other case, the effective date of termination.
#### Supplementary provisions relating to unfair dismissal
##### 239
- (1) Sections 237 to 238A(loss of unfair dismissal protection in connection with industrial action) shall be construed as one with Part X of the Employment Rights Act 1996 (unfair dismissal) ; but sections 108 and 109 of that Act (qualifying period and age limit) shall not apply in relation to section 238A of this Act..
- (2) In relation to a complaint to which section 238 or 238A applies, section 111(2) of that Act (time limit for complaint) does not apply, but an employment tribunal shall not consider the complaint unless it is presented to the tribunal—
- (a) before the end of the period of six months beginning with the date of the complainant’s dismissal (as defined by section 238(5)), 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 the tribunal considers reasonable.
- (3) Where it is shown that the condition referred to in section 238(2)(b) is fulfilled (discriminatory re-engagement), the references in—
- (a) sections 98 to 106 of the Employment Rights Act 1996, and
- (b) sections 152 and 153 of this Act,
to the reason or principal reason for which the complainant was dismissed shall be read as references to the reason or principal reason he has not been offered re-engagement.
- (4) In relation to a complaint under section 111 of the 1996 Act (unfair dismissal: complaint to employment tribunal) that a dismissal was unfair by virtue of section 238A of this Act—
- (a) no order shall be made under section 113 of the 1996 Act (reinstatement or re-engagement) until after the conclusion of protected industrial action by any employee in relation to the relevant dispute,
- (b) regulations under section 7 of the Employment Tribunals Act 1996 may make provision about the adjournment and renewal of applications (including provision requiring adjournment in specified circumstances), and
- (c) regulations under section 9 of that Act may require a pre-hearing review to be carried out in specified circumstances.
### Criminal offences
#### Breach of contract involving injury to persons or property
##### 240
- (1) A person commits an offence who wilfully and maliciously breaks a contract of service or hiring, knowing or having reasonable cause to believe that the probable consequences of his so doing, either alone or in combination with others, will be—
- (a) to endanger human life or cause serious bodily injury, or
- (b) to expose valuable property, whether real or personal, to destruction or serious injury.
- (2) Subsection (1) applies equally whether the offence is committed from malice conceived against the person endangered or injured or, as the case may be, the owner of the property destroyed or injured, or otherwise.
- (3) A person guilty of an offence under this section is liable on summary conviction to imprisonment for a term not exceeding three months or to a fine not exceeding level 2 on the standard scale or both.
- (4) This section does not apply to seamen.
#### Intimidation or annoyance by violence or otherwise
##### 241
- (1) A person commits an offence who, with a view to compelling another person to abstain from doing or to do any act which that person has a legal right to do or abstain from doing, wrongfully and without legal authority—
- (a) uses violence to or intimidates that person or his spouse or civil partner or children, or injures his property,
- (b) persistently follows that person about from place to place,
- (c) hides any tools, clothes or other property owned or used by that person, or deprives him of or hinders him in the use thereof,
- (d) watches or besets the house or other place where that person resides, works, carries on business or happens to be, or the approach to any such house or place, or
- (e) follows that person with two or more other persons in a disorderly manner in or through any street or road.
- (2) A person guilty of an offence under this section is liable on summary conviction to imprisonment for a term not exceeding six months or a fine not exceeding level 5 on the standard scale, or both.
- (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Restriction of offence of conspiracy: England and Wales
##### 242
- (1) Where in pursuance of any such agreement as is mentioned in section 1(1) of the Criminal Law Act 1977 (which provides for the offence of conspiracy) the acts in question in relation to an offence are to be done in contemplation or furtherance of a trade dispute, the offence shall be disregarded for the purposes of that subsection if it is a summary offence which is not punishable with imprisonment.
- (2) This section extends to England and Wales only.
#### Restriction of offence of conspiracy: Scotland
##### 243
- (1) An agreement or combination by two or more persons to do or procure to be done an act in contemplation or furtherance of a trade dispute is not indictable as a conspiracy if that act committed by one person would not be punishable as a crime.
- (2) A crime for this purpose means an offence punishable on indictment, or an offence punishable on summary conviction, and for the commission of which the offender is liable under the statute making the offence punishable to be imprisoned either absolutely or at the discretion of the court as an alternative for some other punishment.
- (3) Where a person is convicted of any such agreement or combination as is mentioned above to do or procure to be done an act which is punishable only on summary conviction, and is sentenced to imprisonment, the imprisonment shall not exceed three months or such longer time as may be prescribed by the statute for the punishment of the act when committed by one person.
- (4) Nothing in this section—
- (a) exempts from punishment a person guilty of a conspiracy for which a punishment is awarded by an Act of Parliament, or
- (b) affects the law relating to riot, unlawful assembly, breach of the peace, or sedition or any offence against the State or the Sovereign.
- (5) This section extends to Scotland only.
### Supplementary
#### Meaning of “trade dispute” in Part V
##### 244
- (1) In this Part a “*trade dispute*” means a dispute between workers and their employer which relates wholly or mainly to one or more of the following—
- (a) terms and conditions of employment, or the physical conditions in which any workers are required to work;
- (b) engagement or non-engagement, or termination or suspension of employment or the duties of employment, of one or more workers;
- (c) allocation of work or the duties of employment between workers or groups of workers;
- (d) matters of discipline;
- (e) a worker’s membership or non-membership of a trade union;
- (f) facilities for officials of trade unions; and
- (g) machinery for negotiation or consultation, and other procedures, relating to any of the above matters, including the recognition by employers or employers’ associations of the right of a trade union to represent workers in such negotiation or consultation or in the carrying out of such procedures.
- (2) A dispute between a Minister of the Crown and any workers shall, notwithstanding that he is not the employer of those workers, be treated as a dispute between those workers and their employer if the dispute relates to matters which—
- (a) have been referred for consideration by a joint body on which, by virtue of provision made by or under any enactment, he is represented, or
- (b) cannot be settled without him exercising a power conferred on him by or under an enactment.
- (3) There is a trade dispute even though it relates to matters occurring outside the United Kingdom, so long as the person or persons whose actions in the United Kingdom are said to be in contemplation or furtherance of a trade dispute relating to matters occurring outside the United Kingdom are likely to be affected in respect of one or more of the matters specified in subsection (1) by the outcome of the dispute.
- (4) An act, threat or demand done or made by one person or organisation against another which, if resisted, would have led to a trade dispute with that other, shall be treated as being done or made in contemplation of a trade dispute with that other, notwithstanding that because that other submits to the act or threat or accedes to the demand no dispute arises.
- (5) In this section—
- “*employment*” includes any relationship whereby one person personally does work or performs services for another; and
- “*worker*”, in relation to a dispute with an employer, means—a worker employed by that employer; ora person who has ceased to be so employed if his employment was terminated in connection with the dispute or if the termination of his employment was one of the circumstances giving rise to the dispute.
#### Crown employees and contracts
##### 245
Where a person holds any office or employment under the Crown on terms which do not constitute a contract of employment between that person and the Crown, those terms shall nevertheless be deemed to constitute such a contract for the purposes of—
- (a) the law relating to liability in tort of a person who commits an act which—
- (i) induces another person to break a contract, interferes with the performance of a contract or induces another person to interfere with its performance, or
- (ii) consists in a threat that a contract will be broken or its performance interfered with, or that any person will be induced to break a contract or interfere with its performance, and
- (b) the provisions of this or any other Act which refer (whether in relation to contracts generally or only in relation to contracts of employment) to such an act.
#### Minor definitions
##### 246
In this Part—
- “*date of the ballot*” means, in the case of a ballot in which votes may be cast on more than one day, the last of those days;
- ...
- “*strike*” means (except for the purposes of section 229(2) (see section 229(2A)) any concerted stoppage of work;
- “*working hours*”, in relation to a person, means any time when under his contract of employment, or other contract personally to do work or perform services, he is required to be at work.
## Part VI — Administrative provisions
### ACAS
#### ACAS
##### 247
- (1) There shall continue to be a body called the Advisory, Conciliation and Arbitration Service (referred to in this Act as ACAS).
- (2) ACAS is a body corporate of which the corporators are the members of its Council.
- (3) Its functions, and those of its officers and servants, shall be performed on behalf of the Crown, but not so as to make it subject to directions of any kind from any Minister of the Crown as to the manner in which it is to exercise its functions under any enactment.
- (4) For the purposes of civil proceedings arising out of those functions the Crown Proceedings Act 1947 applies to ACAS as if it were a government department and the Crown Suits (Scotland) Act 1857 applies to it as if it were a public department.
- (5) Nothing in section 9 of the Statistics of Trade Act 1947 (restriction on disclosure of information obtained under that Act) shall prevent or penalise the disclosure to ACAS, for the purposes of the exercise of any of its functions, of information obtained under that Act by a government department.
- (6) ACAS shall maintain offices in such of the major centres of employment in Great Britain as it thinks fit for the purposes of discharging its functions under any enactment.
#### The Council of ACAS
##### 248
- (1) ACAS shall be directed by a Council which, subject to the following provisions, shall consist of a chairman and nine ordinary members appointed by the Secretary of State.
- (2) Before appointing those ordinary members of the Council, the Secretary of State shall—
- (a) as to three of them, consult such organisations representing employers as he considers appropriate, and
- (b) as to three of them, consult such organisations representing workers as he considers appropriate.
- (3) The Secretary of State may, if he thinks fit, appoint a further two ordinary members of the Council (who shall be appointed so as to take office at the same time); and before making those appointments he shall—
- (a) as to one of them, consult such organisations representing employers as he considers appropriate, and
- (b) as to one of them, consult such organisations representing workers as he considers appropriate.
- (4) The Secretary of State may appoint up to three deputy chairman who may be appointed from the ordinary members, or in addition to those members.
- (5) The Council shall determine its own procedure, including the quorum necessary for its meetings.
- (6) If the Secretary of State has not appointed a deputy chairman, the Council may choose a member to act as chairman in the absence or incapacity of the chairman.
- (7) The validity of proceedings of the Council is not affected by any vacancy among the members of the Council or by any defect in the appointment of any of them.
#### Terms of appointment of members of Council
##### 249
- (1) The members of the Council shall hold and vacate office in accordance with their terms of appointment, subject to the following provisions.
- (2) . . .
Appointment as chairman, or as deputy chairman, or as an ordinary member of the Council, may be a full-time or part-time appointment; and the Secretary of State may, with the consent of the member concerned, vary the terms of his appointment as to whether his appointment is full-time or part-time.
- (3) A person shall not be appointed to the Council for a term exceeding five years, but previous membership does not affect eligibility for re-appointment.
- (4) A member may at any time resign his membership, and the chairman or a deputy chairman may at any time resign his office as such, by notice in writing to the Secretary of State.
A deputy chairman appointed in addition to the ordinary members of the Council shall on resigning his office as deputy chairman cease to be a member of the Council.
- (5) If the Secretary of State is satisfied that a member—
- (a) has been absent from meetings of the Council for a period longer than six consecutive months without the permission of the Council, or
- (b) has become bankrupt or has had a debt relief order (under Part 7A of the Insolvency Act 1986) made in respect of him or has made an arrangement with his creditors (or, in Scotland, has had his estate sequestrated or has made a trust deed for his creditors or has made and had accepted a composition contract), or
- (c) is incapacitated by physical or mental illness, or
- (d) is otherwise unable or unfit to discharge the functions of a member,
the Secretary of State may declare his office as a member to be vacant and shall notify the declaration in such manner as he thinks fit, whereupon the office shall become vacant.
If the chairman or a deputy chairman ceases to be a member of the Council, he shall also cease to be chairman or, as the case may be, a deputy chairman.
#### Remuneration, &c. of members of Council
##### 250
- (1) ACAS shall pay to the members of its Council such remuneration and travelling and other allowances as may be determined by the Secretary of State.
- (2) The Secretary of State may pay, or make provision for payment, to or in respect of a member of the Council such pension, allowance or gratuity on death or retirement as he may determine.
- (3) Where a person ceases to be the holder of the Council otherwise than on the expiry of his term of office and it appears to the Secretary of State that there are special circumstances which make it right for him to receive compensation, he may make him a payment of such amount he may determine.
- (4) The approval of the Treasury is required for any determination by the Secretary of State under this section.
#### Secretary, officers and staff of ACAS
##### 251
- (1) ACAS may, with the approval of the Secretary of State, appoint a secretary.
The consent of the Secretary of State is required as to his terms and conditions of service.
- (2) ACAS may appoint such other officers and staff as it may determine.
The consent of the Secretary of State is required as to their numbers, manner of appointment and terms and conditions of service.
- (3) The Secretary of State shall not give his consent under subsection (1) or (2) without the approval of the Treasury.
- (4) ACAS shall pay to the Treasury, at such times in each accounting year as may be determined by the Treasury, sums of such amounts as may be so determined as being equivalent to the increase in that year of such liabilities of his as are attributable to the provision of pensions, allowances or gratuities to or in respect of persons who are or have been in the service of ACAS in so far as that increase results from the service of those persons during that accounting year and to the expense to be incurred in administering those pensions, allowances or gratuities.
- (5) The fixing of the common seal of ACAS shall be authenticated by the signature of the secretary of ACAS or some other person authorised by ACAS to act for that purpose.
A document purporting to be duly executed under the seal of ACAS shall be received in evidence and shall, unless the contrary is proved, be deemed to be so executed.
#### General financial provisions
##### 252
- (1) The Secretary of State shall pay to ACAS such sums as are approved by the Treasury and as he considers appropriate for the purpose of enabling ACAS to perform its functions.
- (2) ACAS may pay to—
- (a) persons appointed under section 210(2) (conciliation) who are not officers or servants of ACAS, and
- (b) arbitrators or arbiters appointed by ACAS under any enactment,
such fees and travelling and other allowances as may be determined by the Secretary of State with the approval of the Treasury.
#### Annual report and accounts
##### 253
- (1) ACAS shall as soon as practicable after the end of each financial year make a report to the Secretary of State on its activities during that year.
The Secretary of State shall lay a copy of the report before each House of Parliament and arrange for it to be published.
- (2) ACAS shall keep proper accounts and proper records in relation to the accounts and shall prepare in respect of each financial year a statement of accounts, in such form as the Secretary of State may, with the approval of the Treasury, direct.
- (3) ACAS shall not later than 30th November following the end of the financial year to which the statement relates, send copies of the statement to the Secretary of State and to the Comptroller and Auditor General.
- (4) The Comptroller and Auditor General shall examine, certify and report on each such statement and shall lay a copy of the statement and of his report before each House of Parliament.
### The Certification Officer
#### The Certification Officer
##### 254
- (1) There shall continue to be an officer called the Certification Officer.
- (2) The Certification Officer shall be appointed by the Secretary of State after consultation with ACAS (but is not subject to directions of any kind from any Minister of the Crown as to the manner in which he is to exercise his functions).
- (3) The Certification Officer may appoint one or more assistant certification officers and shall appoint an assistant certification officer for Scotland.
- (4) The Certification Officer may delegate to an assistant certification officer such functions as he thinks appropriate, and in particular may delegate to the assistant certification officer for Scotland such functions as he thinks appropriate in relation to organisations whose principal office is in Scotland.
References to the Certification Officer in enactments relating to his functions shall be construed accordingly.
- (5) ACAS shall provide for the Certification Officer the requisite staff (from among the officers and servants of ACAS) and the requisite accommodation, equipment and other facilities.
- (5A) ... ACAS shall pay to the Certification Officer such sums as he may require for the performance of any of his functions.
- (6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Remuneration, &c. of Certification Officer and assistants
##### 255
- (1) ACAS shall pay to the Certification Officer and any assistant certification officer such remuneration and travelling and other allowances as may be determined by the Secretary of State.
- (2) The Secretary of State may pay, or make provision for payment, to or in respect of the Certification Officer and any assistant certification officer such pension, allowance or gratuity on death or retirement as he may determine.
- (3) Where a person ceases to be the Certification Officer or an assistant certification officer otherwise than on the expiry of his term of office and it appears to the Secretary of State that there are special circumstances which make it right for him to receive compensation, he may make him a payment of such amount he may determine.
- (4) The approval of the Treasury is required for any determination by the Secretary of State under this section.
#### Procedure before the Certification Officer
##### 256
- (1) Except in relation to matters as to which express provision is made by or under an enactment, the Certification Officer may regulate the procedure to be followed—
- (a) on any application or complaint made to him, ...
- (b) where his approval is sought with respect to any matter, or
- (c) determining whether to make a declaration or order under section 24B, 32ZC, 45C, 55, 72A, 80, 82 or 103 or under paragraph 5 of Schedule A3.
- (2) He shall in particular make provision about the disclosure, and restriction of the disclosure, of the identity of an individual who has made or is proposing to make any such application or complaint.
- (2A) Provision under subsection (2) shall be such that if the application or complaint relates to a trade union—
- (a) the individual’s identity is disclosed to the union unless the Certification Officer thinks the circumstances are such that it should not be so disclosed;
- (b) the individual’s identity is disclosed to such other persons (if any) as the Certification Officer thinks fit.
- (3) The Secretary of State may, with the consent of the Treasury, make a scheme providing for the payment by the Certification Officer to persons of such sums as may be specified in or determined under the scheme in respect of expenses incurred by them for the purposes of, or in connection with, their attendance at hearings held by him in the course of carrying out his functions.
- (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Custody of documents submitted under earlier legislation
##### 257
- (1) The Certification Officer shall continue to have custody of the annual returns, accounts, copies of rules and other documents submitted for the purposes of—
- (a) the Trade Union Acts 1871 to 1964,
- (b) the Industrial Relations Act 1971, or
- (c) the Trade Union and Labour Relations Act 1974,
of which he took custody under section 9 of the Employment Protection Act 1975.
- (2) He shall keep available for public inspection (either free of charge or on payment of a reasonable charge) at all reasonable hours such of those documents as were available for public inspection in pursuance of any of those Acts.
#### Annual report and accounts
##### 258
- (1) The Certification Officer shall, as soon as practicable after the end of each financial year, make a report of his activities during that year to ACAS and to the Secretary of State.
- (1A) A report under this section shall include details of—
- (a) amounts levied by the Certification Officer by virtue of section 257A in the year in question, and
- (b) how the amounts were determined.
The Secretary of State shall lay a copy of the report before each House of Parliament and arrange for it to be published.
- (2) The accounts prepared by ACAS in respect of any financial year shall show separately any sums disbursed to or on behalf of the Certification Officer in consequence of the provisions of this Part.
### Central Arbitration Committee
#### The Central Arbitration Committee
##### 259
- (1) There shall continue to be a body called the Central Arbitration Committee.
- (2) The functions of the Committee shall be performed on behalf of the Crown, but not so as to make it subject to directions of any kind from any Minister of the Crown as to the manner in which it is to exercise its functions.
- (3) ACAS shall provide for the Committee the requisite staff (from among the officers and servants of ACAS) and the requisite accommodation, equipment and other facilities.
#### The members of the Committee
##### 260
- (1) The Central Arbitration Committee shall consist of members appointed by the Secretary of State.
- (2) The Secretary of State shall appoint a member as chairman, and may appoint a member as deputy chairman or members as deputy chairmen.
- (3) The Secretary of State may appoint as members only persons experienced in industrial relations, and they shall include some persons whose experience is as representatives of employers and some whose experience is as representatives of workers.
- (3A) Before making an appointment under subsection (1) or (2) the Secretary of State shall consult ACAS and may consult other persons.
- (4) At any time when the chairman of the Committee is absent or otherwise incapable of acting, or there is a vacancy in the office of chairman, and the Committee has a deputy chairman or deputy chairmen—
- (a) the deputy chairman, if there is only one, or
- (b) if there is more than one, such of the deputy chairmen as they may agree or in default of agreement as the Secretary of State may direct,
may perform any of the functions of chairman of the Committee.
- (5) At any time when every person who is chairman or deputy chairman is absent or otherwise incapable of acting, or there is no such person, such member of the Committee as the Secretary of State may direct may perform any of the functions of the chairman of the Committee.
- (6) The validity of any proceedings of the Committee shall not be affected by any vacancy among the members of the Committee or by any defect in the appointment of a member of the Committee.
#### Terms of appointment of members of Committee
##### 261
- (1) The members of the Central Arbitration Committee shall hold and vacate office in accordance with their terms of appointment, subject to the following provisions.
- (2) A person shall not be appointed to the Committee for a term exceeding five years, but previous membership does not affect eligibility for re-appointment.
- (3) The Secretary of State may, with the consent of the member concerned, vary the terms of his appointment as to whether he is a full-time or part-time member.
- (4) A member may at any time resign his membership, and the chairman or a deputy chairman may at any time resign his office as such, by notice in writing to the Secretary of State.
- (5) If the Secretary of State is satisfied that a member—
- (a) has become bankrupt or has had a debt relief order (under Part 7A of the Insolvency Act 1986) made in respect of him or has made an arrangement with his creditors (or, in Scotland, has had his estate sequestrated or has made a trust deed for his creditors or has made and had accepted a composition contract), or
- (b) is incapacitated by physical or mental illness, or
- (c) is otherwise unable or unfit to discharge the functions of a member,
the Secretary of State may declare his office as a member to be vacant and shall notify the declaration in such manner as he thinks fit, whereupon the office shall become vacant.
- (6) If the chairman or a deputy chairman ceases to be a member of the Committee, he shall also cease to be chairman or, as the case may be, a deputy chairman.
#### Remuneration, &c. of members of Committee
##### 262
- (1) ACAS shall pay to the members of the Central Arbitration Committee such remuneration and travelling and other allowances as may be determined by the Secretary of State.
- (2) The Secretary of State may pay, or make provision for payment, to or in respect of a member of the Committee such pension, allowance or gratuity on death or retirement as he may determine.
- (3) Where a person ceases to be the holder of the Committee otherwise than on the expiry of his term of office and it appears to the Secretary of State that there are special circumstances which make it right for him to receive compensation, he may make him a payment of such amount he may determine.
- (4) The approval of the Treasury is required for any determination by the Secretary of State under this section.
#### Proceedings of the Committee
##### 263
- (1) For the purpose of discharging its functions in any particular case the Central Arbitration Committee shall consist of the chairman and such other members as the chairman may direct:
- (2) The Committee may, at the discretion of the chairman, where it appears expedient to do so, call in the aid of one or more assessors, and may settle the matter wholly or partly with their assistance.
- (3) The Committee may at the discretion of the chairman sit in private where it appears expedient to do so.
- (4) If in any case the Committee cannot reach a unanimous decision on its award, the chairman shall decide the matter acting with the full powers of an umpire or, in Scotland, an oversman.
- (5) Subject to the above provisions, the Committee shall determine its own procedure.
- (6) Part I of the Arbitration Act 1996 (general provisions as to arbitration) and section 3 of the Administration of Justice (Scotland) Act 1972 (power of arbiter to state case to Court of Session) sections 1 to 15 of and schedule 1 to the Arbitration (Scotland) Act 2010 do not apply to proceedings before the Committee.
- (7) In relation to the discharge of the Committee’s functions under Schedule A1—
- (a) section 263A and subsection (6) above shall apply, and
- (b) subsections (1) to (5) above shall not apply.
#### Awards of the Committee
##### 264
- (1) The Central Arbitration Committee may correct in any award ,or in any decision or declaration of the Committee under Schedule A1, any clerical mistake or error arising from an accidental slip or omission.
- (2) If a question arises as to the interpretation of an award of the Committee or of a decision or declaration of the Committee under Schedule A1,, any party may apply to the Committee for a decision; and the Committee shall decide the question after hearing the parties or, if the parties consent, without a hearing, and shall notify the parties.
- (3) Decisions of the Committee in the exercise of any of its functions shall be published.
#### Annual report and accounts
##### 265
- (1) ACAS shall, as soon as practicable after the end of each financialyear, make a report to the Secretary of State on the activities of the Central Arbitration Committee during that year.
For that purpose the Committee shall, as soon as practicable after the end of each calendar year, transmit to ACAS an account of its activities during that year.
- (2) The accounts prepared by ACAS in respect of any financial year shall show separately any sums disbursed to or on behalf of the Committee in consequence of the provisions of this Part.
### . . .
#### The Commissioner
##### 266
#### Terms of appointment of Commissioner
##### 267
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Remuneration, pension, &c
##### 268
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Staff of the Commissioner
##### 269
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Financial provisions
##### 270
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Annual report and accounts
##### 271
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
### Supplementary
#### Meaning of “financial year”
##### 272
In this Part financial year means the twelve months ending with 31st March.
## Part VII — Miscellaneous and general
### Crown employment, etc.
#### Crown employment
##### 273
- (1) The provisions of this Act have effect (except as mentioned below) in relation to Crown employment and persons in Crown employment as in relation to other employment and other workers or employees.
- (2) The following provisions are excepted from subsection (1)—
- (3) In this section Crown employment means employment under or for the purposes of a government department or any officer or body exercising on behalf of the Crown functions conferred by an enactment.
- (4) For the purposes of the provisions of this Act as they apply in relation to Crown employment or persons in Crown employment—
- (a) employee and contract of employment mean a person in Crown employment and the terms of employment of such a person (but subject to subsection (5) below);
- (b) dismissal means the termination of Crown employment;
- (c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (d) the reference in 182(1)(e) (disclosure of information for collective bargaining: restrictions on general duty) to the employer’s undertaking shall be construed as a reference to the national interest; and
- (e) any other reference to an undertaking shall be construed, in relation to a Minister of the Crown, as a reference to his functions or (as the context may require) to the department of which he is in charge, and in relation to a government department, officer or body shall be construed as a reference to the functions of the department, officer or body or (as the context may require) to the department, officer or body.
- (5) Sections 137 to 143 (rights in relation to trade union membership: access to employment) apply in relation to Crown employment otherwise than under a contract only where the terms of employment correspond to those of a contract of employment.
- (6) This section has effect subject to section 274 (armed forces) and section 275 (exemption on grounds of national security).
#### Armed forces
##### 274
- (1) Section 273 (application of Act to Crown employment) does not apply to service as a member of the naval, military or air forces of the Crown.
- (2) But that section applies to employment by an association established for the purposes of Part XI of the Reserve Forces Act 1996 (territorial, auxiliary and reserve forces associations) as it applies to employment for the purposes of a government department.
#### Exemption on grounds of national security
##### 275
- (1) Section 273 (application of Act to Crown employment) does not apply to employment in respect of which there is in force a certificate issued by or on behalf of a Minister of the Crown certifying that employment of a description specified in the certificate, or the employment of a particular person so specified, is (or, at a time specified in the certificate, was) required to be excepted from that section for the purpose of safeguarding national security.
- (2) A document purporting to be such a certificate shall, unless the contrary is proved, be deemed to be such a certificate.
#### Further provision as to Crown application
##### 276
- (1) Section 138 (refusal of service of employment agency on grounds related to union membership), and the other provisions of Part III applying in relation to that section, bind the Crown so far as they relate to the activities of an employment agency in relation to employment to which those provisions apply.
This does not affect the operation of those provisions in relation to Crown employment by virtue of section 273.
- (2) Sections 144 and 145 (prohibition of union membership requirements) and sections 186 and 187 (prohibition of union recognition requirements) bind the Crown.
### House of Lords and House of Commons staff
#### House of Lords staff
##### 277
- (1) The provisions of this Act (except those specified below) apply in relation to employment as a relevant member of the House of Lords staff as in relation to other employment.
- (1A) The following provisions are excepted from subsection (1)—
#### House of Commons staff
##### 278
- (1) The provisions of this Act (except those specified below) apply in relation to employment as a relevant member of the House of Commons staff as in relation to other employment.
- (2) The following provisions are excepted from subsection (1)—
- (2A) Nothing in any rule of law or the law or practice of Parliament prevents a relevant member of the House of Commons staff from bringing a civil employment claim before the court or from bringing before an employment tribunal proceedings of any description which could be brought before such a tribunal by any person who is not such a member.
- (3) In this section relevant member of the House of Commons staff has the same meaning as in section 139 of the Employment Protection (Consolidation) Act 1978.
- civil employment claim means a claim arising out of or relating to a contract of employment or any other contract connected with employment, or a claim in tort arising in connection with a person’s employment; and
- the court means the High Court or the county court.
- (4) For the purposes of the other provisions of this Act as they apply by virtue of this section—
- (a) employee and contract of employment include a relevant member of the House of Commons staff and the terms of employment of any such member (but subject to subsection (5) below);
- (b) dismissal includes the termination of any such member’s employment;
- (c) the reference in section 182(1)(e) (disclosure of information for collective bargaining: restrictions on general duty) to the employer’s undertaking shall be construed as a reference to the national interest or, if the case so requires, the interests of the House of Commons; and
- (d) any other reference to an undertaking shall be construed as a reference to the House of Commons.
- (5) Sections 137 to 143 (access to employment) apply by virtue of this section in relation to employment otherwise than under a contract only where the terms of employment correspond to those of a contract of employment.
- (6) Subsections (6) to (12) of section 195 of the Employment Rights Act 1996 (person to be treated as employer of House of Commons staff) apply, with any necessary modifications, for the purposes of this section.
### Health service practitioners
#### Health service practitioners
##### 279
- (1) In this Act worker includes an individual regarded in his capacity as one who works or normally works or seeks to work as a person performing . . . personal dental services or providing . . . general dental services, general ophthalmic services or pharmaceutical services in accordance with arrangements made—
- (a) by a ... NHS England under section 126 of the National Health Service Act 2006 or a Local Health Board under section . . . 71 or 80 of the National Health Service (Wales) Act 2006 of the National Heath Service Act 1977, or
- (b) by a Health Board under section 17C, . . . 25, 26, or 27 of the National Health Service (Scotland) Act 1978 or as a person providing local pharmaceutical services under a pilot scheme established under section 134 of the National Health Service Act 2006 or section 92 of the National Health Service (Wales) Act 2006, or under an LPS scheme established under Schedule 12 to the National Health Service Act 2006 or Schedule 7 to the National Health Service (Wales) Act 2006;
and employer, in relation to such an individual, regarded in that capacity, means that ... body.
- (2) In this Act “*worker*” also includes an individual regarded in his capacity as one who works or normally works or seeks to work as a person performing primary medical services or primary dental services—
- (a) in accordance with arrangements made by the National Health Service Commissioning Board or a Local Health Board under section 92 or 107 of the National Health Service Act 2006, or section 50 or 64 of the National Health Service (Wales) Act 2006; or
- (b) under a contract under section 84 or 100 of the National Health Service Act 2006 or section 42 or 57 of the National Health Service (Wales) Act 2006 entered into by him with the National Health Service Commissioning Board or a Local Health Board,
and “*employer*” in relation to such an individual, regarded in that capacity, means that ... Board.
- (3) In this Act “*worker*” also includes an individual regarded in his capacity as one who works or normally works or seeks to work as a person performing primary medical services–
- (a) in accordance with arrangements made by a Health Board under section 17C of the National Health Service (Scotland) Act 1978; or
- (b) under a contract under section 17J of that Act entered into by him with a Health Board,
and “*employer*” in relation to such an individual, regarded in that capacity, means that Health Board.
### Police service
#### Police service
##### 280
- (1) In this Act employee or worker does not include a person in police service; and the provisions of sections 137 and 138 (rights in relation to trade union membership: access to employment) do not apply in relation to police service.
- (2) Police service means service as a member of any constabulary maintained by virtue of an enactment, or in any other capacity by virtue of which a person has the powers or privileges of a constable.
### Excluded classes of employment
#### Part-time employment
##### 281
#### Short-term employment
##### 282
- (1) In this section, “fixed term contract” means a contract of employment that, under its provisions determining how it will terminate in the normal course, will terminate—
- (a) on the expiry of a specific term,
- (b) on the completion of a particular task, or
- (c) on the occurrence or non-occurrence of any other specific event other than the attainment by the employee of any normal and bona fide retiring age in the establishment for an employee holding the position held by him.
- (2) The provisions of Chapter II of Part IV (procedure for handling redundancies) do not apply to employment under a fixed term contract unless—
- (a) the employer is proposing to dismiss the employee as redundant; and
- (b) the dismissal will take effect before the expiry of the specific term, the completion of the particular task or the occurrence or non-occurrence of the specific event (as the case may be).
#### Mariners
##### 283
#### Share fishermen
##### 284
The following provisions of this Act do not apply to employment as master or as member of the crew of a fishing vessel where the employee (or, in the case of sections 145A to 151, the worker) is remunerated only by a share in the profits or gross earnings of the vessel—
#### Employment outside Great Britain
##### 285
- (1) The following provisions of this Act do not apply to employment where under his contract of employment an employee works, or in the case of a prospective employee would ordinarily work, outside Great Britain—
- (1A) Sections 145A to 151 do not apply to employment where under his contract personally to do work or perform services a worker who is not an employee works outside Great Britain.
- (1B) For the purposes of subsection (1) as it relates to sections 193 to 194, employment on board a ship registered in the United Kingdom shall be treated as employment where under his contract a person ordinarily works in Great Britain.
- (2) For the other purposes of subsection (1) and the purposes of subsection (1A) employment on board a ship registered in the United Kingdom shall be treated as employment where under his contract a person ordinarily works in Great Britain unless—
- (a) the ship is registered at a port outside Great Britain, or
- (b) the employment is wholly outside Great Britain, or
- (c) the employee or, as the case may be, the worker or the person seeking employment or seeking to avail himself of a service of an employment agency, is not ordinarily resident in Great Britain.
#### Power to make further provision as to excluded classes of employment
##### 286
- (1) This section applies in relation to the following provisions—
- (2) The Secretary of State may by order made by statutory instrument provide that any of those provisions—
- (a) shall not apply to persons or to employment of such classes as may be prescribed by the order, or
- (b) shall apply to persons or employments of such classes as may be prescribed by the order subject to such exceptions and modifications as may be so prescribed,
and may vary or revoke any of the provisions of sections 281 to 285 above (excluded classes of employment) so far as they relate to any such provision.
- (3) Any such order shall be made by statutory instrument and may contains such incidental, supplementary or transitional provisions as appear to the Secretary of State to be necessary or expedient.
- (4) No such order shall be made unless a draft of the order has been laid before Parliament and approved by a resolution of each House of Parliament.
### Offshore employment
#### Offshore employment
##### 287
- (1) In this Act offshore employment means employment for the purposes of activities—
- (a) in the territorial waters of the United Kingdom, or
- (b) connected with the exploration of the sea-bed or subsoil, or the exploitation of their natural resources, in the United Kingdom sector of the continental shelf, or
- (c) connected with the exploration or exploitation, in a foreign sector of the continental shelf, of a cross-boundary petroleum field.
- (2) Her Majesty may by Order in Council provide that—
- (a) the provisions of this Act, and
- (b) any Northern Ireland legislation making provision for purposes corresponding to any of the purposes of this Act,
apply, to such extent and for such purposes as may be specified in the Order and with or without modification, to or in relation to a person in offshore employment or, in relation to sections 137 to 143 (access to employment), a person seeking such employment.
- (3) An Order in Council under this section—
- (a) may make different provision for different cases;
- (b) may provide that the enactments to which this section applies, as applied, apply—
- (i) to individuals whether or not they are British subjects, and
- (ii) to bodies corporate whether or not they are incorporated under the law of a part of the United Kingdom,
and apply notwithstanding that the application may affect the activities of such an individual or body outside the United Kingdom;
- (c) may make provision for conferring jurisdiction on any court or class of court specified in the Order, or on employment tribunals, in respect of offences, causes of action or other matters arising in connection with offshore employment;
- (d) may provide that the enactments to which this section applies apply in relation to a person in offshore employment in a part of the areas referred to in subsection (1)(a) and (b);
- (e) may exclude from the operation of section 3 of the Territorial Waters Jurisdiction Act 1878 (consents required for prosecutions) proceedings for offences under the enactments to which this section applies in connection with offshore employment;
- (f) may provide that such proceedings shall not be brought without such consent as may be required by the Order;
- (g) may modify or exclude any of sections 281 to 285 (excluded classes of employment) or any corresponding provision of Northern Ireland legislation.
- (3A) An Order in Council under this section shall be subject to annulment in pursuance of a resolution of either House of Parliament.
- (4) Any jurisdiction conferred on a court or tribunal under this section is without prejudice to jurisdiction exercisable apart from this section, by that or any other court or tribunal.
- (5) In this section—
- cross-boundary petroleum field means a petroleum field that extends across the boundary between the United Kingdom sector of the continental shelf and a foreign sector;
- foreign sector of the continental shelf means an area outside the territorial waters of any state, within which rights with respect to the sea-bed and subsoil and their natural resources are exercisable by a state other than the United Kingdom;
- petroleum field means a geological structure identified as an oil or gas field by the Order in Council concerned; and
- United Kingdom sector of the continental shelf means the areas designated under section 1(7) of the Continental Shelf Act 1964.
### Contracting out, &c.
#### Restriction on contracting out
##### 288
- (1) Any provision in an agreement (whether a contract of employment or not) is void in so far as it purports—
- (a) to exclude or limit the operation of any provision of this Act, or
- (b) to preclude a person from bringing—
- (i) proceedings before an employment tribunal or the Central Arbitration Committee under any provision of this Act, . . .
- (ii) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (2) Subsection (1) does not apply to an agreement to refrain from instituting or continuing proceedings where a conciliation officer has taken action under— any of sections 18A to 18C of the Employment Tribunals Act 1996 (conciliation)
- (2A) Subsection (1) does not apply to an agreement to refrain from instituting or continuing any proceedings, other than excepted proceedings, specified in subsection (1)(b) of that section before an employment tribunal if the conditions regulating settlement agreements under this Act are satisfied in relation to the agreement.
- (2B) The conditions regulating settlement agreements under this Act are that—
- (a) the agreement must be in writing;
- (b) the agreement must relate to the particular proceedings;
- (c) the complainant must have received advice from a relevant independent adviser as to the terms and effect of the proposed agreement and in particular its effect on his ability to pursue his rights before an employment tribunal;
- (d) there must be in force, when the adviser gives the advice, a contract of insurance, or an indemnity provided for members of a profession or professional body, covering the risk of a claim by the complainant in respect of loss arising in consequence of the advice;
- (e) the agreement must identify the adviser; and
- (f) the agreement must state that the conditions regulating settlement agreements under this Act are satisfied.
- (2C) The proceedings excepted from subsection (2A) are proceedings on a complaint of non-compliance with section 188.
- (3) Subsection (1) does not apply—
- (a) to such an agreement as is referred to in section 185(5)(b) or (c) to the extent that it varies or supersedes an award under that section;
- (b) to any provision in a collective agreement excluding rights under Chapter II of Part IV (procedure for handling redundancies), if an order under section 198 is in force in respect of it.
- (4) A person is a relevant independent adviser for the purposes of subsection (2B)(c)—
- (a) if he is a qualified lawyer,
- (b) if he is an officer, official, employee or member of an independent trade union who has been certified in writing by the trade union as competent to give advice and as authorised to do so on behalf of the trade union,
- (c) if he works at an advice centre (whether as an employee or a volunteer) and has been certified in writing by the centre as competent to give advice and as authorised to do so on behalf of the centre, or
- (d) if he is a person of a description specified in an order made by the Secretary of State.
- (4A) But a person is not a relevant independent adviser for the purposes of subsection (2B)(c) in relation to the complainant—
- (a) if he is, is employed by or is acting in the matter for the other party or a person who is connected with the other party,
- (b) in the case of a person within subsection (4)(b) or (c), if the trade union or advice centre is the other party or a person who is connected with the other party,
- (c) in the case of a person within subsection (4)(c), if the complainant makes a payment for the advice received from him, or
- (d) in the case of a person of a description specified in an order under subsection (4)(d), if any condition specified in the order in relation to the giving of advice by persons of that description is not satisfied.
- (4B) In subsection (4)(a) qualified lawyer means—
- (a) as respects England and Wales, a person who, for the purposes of the Legal Services Act 2007, is an authorised person in relation to an activity which constitutes the exercise of a right of audience or the conduct of litigation (within the meaning of that Act), and
- (b) as respects Scotland, an advocate (whether in practice as such or employed to give legal advice), or a solicitor who holds a practising certificate.
- (4C) An order under subsection (4)(d) shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.
- (5) For the purposes of subsection (4A) any two persons are to be treated as connected—
- (a) if one is a company of which the other (directly or indirectly) has control, or
- (b) if both are companies of which a third person (directly or indirectly) has control.
- (6) An agreement under which the parties agree to submit a dispute to arbitration—
- (a) shall be regarded for the purposes of subsections (2) and (2A) as being an agreement to refrain from instituting or continuing proceedings if—
- (i) the dispute is covered by a scheme having effect by virtue of an order under section 212A, and
- (ii) the agreement is to submit it to arbitration in accordance with the scheme, but
- (b) shall be regarded for those purposes as neither being nor including such an agreement in any other case.
#### Employment governed by foreign law
##### 289
For the purposes of this Act it is immaterial whether the law which (apart from this Act) governs any person’s employment is the law of the United Kingdom, or of a part of the United Kingdom, or not.
### Employment tribunal proceedings
#### General provisions as to conciliation
##### 290
#### Right of appeal from industrial tribunal
##### 291
- (1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
### Other supplementary provisions
#### Death of employee or employer
##### 292
- (1) This section has effect in relation to the following provisions so far as they confer rights on employees or make provision in connection therewith—
- (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (b) sections 168 to 173 (time off for trade union duties and activities);
- (c) sections 188 to 198 (procedure for handling redundancies).
- (1A) This section also has effect in relation to sections 145A to 151 so far as those sections confer rights on workers or make provision in connection therewith.
- (2) Where the employee or worker or employer dies, tribunal proceedings may be instituted or continued by a personal representative of the deceased employee or worker or, as the case may be, defended by a personal representative of the deceased employer.
- (3) If there is no personal representative of a deceased employee or worker, tribunal proceedings or proceedings to enforce a tribunal award may be instituted or continued on behalf of his estate by such other person as the employment tribunal may appoint, being either—
- (a) a person authorised by the employee or worker to act in connection with the proceedings before his death, or
- (b) the widower, widow, surviving civil partner, child, father, mother, brother or sister of the employee or worker.
In such a case any award made by the employment tribunal shall be in such terms and shall be enforceable in such manner as may be prescribed.
- (4) Any right arising under any of the provisions mentioned in subsection (1) or (1A) which by virtue of this section accrues after the death of the employee or worker in question shall devolve as if it had accrued before his death.
- (5) Any liability arising under any of those provisions which by virtue of this section accrues after the death of the employer in question shall be treated for all purposes as if it had accrued immediately before his death.
#### Regulations
##### 293
- (1) The Secretary of State may by regulations prescribe anything authorised or required to be prescribed for the purposes of this Act.
- (2) The regulations may contain such incidental, supplementary or transitional provisions as appear to the Secretary of State to be necessary or expedient.
- (3) Regulations under this section shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.
#### Reciprocal arrangements with Northern Ireland
##### 294
- (1) If provision is made by Northern Ireland legislation for purposes corresponding to the purposes of any provision of this Act re-enacting a provision of the Employment Protection Act 1975 or the Employment Protection (Consolidation) Act 1978, the Secretary of State may, with the consent of the Treasury, make reciprocal arrangements with the appropriate Northern Ireland authority for co-ordinating the relevant provisions of this Act with the corresponding Northern Ireland provisions so as to secure that they operate, to such extent as may be provided by the arrangements, as a single system.
- (2) The Secretary of State may make regulations for giving effect to any such arrangements.
- (3) The regulations may make different provision for different cases and may contain such supplementary, incidental and transitional provisions as appear to the Secretary of State to be necessary or expedient.
- (4) The regulations may provide that the relevant provisions of this Act shall have effect in relation to persons affected by the arrangements subject to such modifications and adaptations as may be specified in the regulations, including provisions—
- (a) for securing that acts, omission and events having any effect for the purposes of the Northern Ireland legislation have a corresponding effect for the purposes of the relevant provisions of this Act (but not so as to confer a right to double payment in respect of the same act, omission or event, and
- (b) for determining, in cases where rights accrue both under the relevant provisions of this Act and under the Northern Ireland legislation, which of this rights is available to the person concerned.
- (5) In this section the appropriate Northern Ireland authority means such authority as is specified in that behalf in the Northern Ireland legislation.
- (6) Regulations under this section shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.
### Interpretation
#### Meaning of “employee” and related expressions
##### 295
@@ -6827,7 +6925,7 @@
- (2) In this Act employer, in relation to a worker, means a person for whom one or more workers work, or have worked or normally work or seek to work.
- (3) This section has effect subject to sections 68(4), 116B(10), 145F(3) and 151(1B).
- (3) This section has effect subject to sections 68(4), ... 145F(3) , 151(1B) and 236A(8).
#### Associated employers
@@ -7345,7 +7443,7 @@
The power of the Secretary of State by further order to vary or revoke the Funds for Trade Union Ballots Order 1982 extends to so much of section 115(2)(a) as reproduces the effect of Article 2 of that order.
#### The list of trade unions.
#### Meaning of “trade union".
#### Limit on damages awarded against trade unions in actions in tort.
@@ -7441,7 +7539,7 @@
### Investigation of financial affairs
#### Limit on damages awarded against trade unions in actions in tort.
#### Restriction on enforcement of awards against certain property.
##### 37A
@@ -7653,7 +7751,7 @@
##### 45C
- (1) A member of a trade union who claims that the union has failed to comply with the requirement of section 45B may apply to the Certification Officer or to the court for a declaration to that effect; but the Certification Officer may also exercise the powers under this section where no application is made under this section.
- (1) A member of a trade union who claims that the union has failed to comply with the requirement of section 45B may apply to the Certification Officer or to the court for a declaration to that effect ....
- (1A) Where an application is made to the Certification Officer under this section, the Officer must ensure that, so far as is reasonably practicable, it is determined within six months of being made.
@@ -7663,9 +7761,9 @@
- (a) may make such enquiries as the Officer thinks fit,
- (b) must give the union and the applicant (if any) an opportunity to make written representations, and
- (c) may give the union and the applicant (if any) an opportunity to make oral representations.
- (b) must give the union and the applicant ... an opportunity to make written representations, and
- (c) may give the union and the applicant ... an opportunity to make oral representations.
- (2B) The Certification Officer must give reasons for the Officer's decision in writing.
@@ -7699,7 +7797,7 @@
##### 45D
An appeal lies to the Employment Appeal Tribunal on any question arising in proceedings before or arising from any decision of the Certification Officer under section 24B, ... 25, 31 , 32ZC or 45C or paragraph 5 of Schedule A3.
An appeal lies to the Employment Appeal Tribunal on any question of law arising in proceedings before or arising from any decision of the Certification Officer under section 24B, ... 25, 31 ... or 45C ....
##### 51A
@@ -7733,9 +7831,9 @@
##### 56A
An appeal lies to the Employment Appeal Tribunal on any question arising in proceedings before or arising from any decision of the Certification Officer under section 55.
#### Duty to provide membership audit certificate
An appeal lies to the Employment Appeal Tribunal on any question of law arising in proceedings before or arising from any decision of the Certification Officer under section 55.
#### Duty to appoint an assurer
##### 68A
@@ -7847,7 +7945,7 @@
##### 72A
- (1) A person who is a member of a trade union and who claims that it has applied its funds in breach of section 71 may apply to the Certification Officer for a declaration that it has done so; but the Certification Officer may also exercise the powers under this section where no application is made.
- (1) A person who is a member of a trade union and who claims that it has applied its funds in breach of section 71 may apply to the Certification Officer for a declaration that it has done so ....
- (1A) Where an application is made under subsection (1), the Certification Officer must ensure that, so far as is reasonably practicable, it is determined within six months of being made.
@@ -7857,9 +7955,9 @@
- (a) may make such enquiries as the Officer thinks fit,
- (b) must give the union and the applicant (if any) an opportunity to make written representations, and
- (c) may give the union and the applicant (if any) an opportunity to make oral representations.
- (b) must give the union and the applicant ... an opportunity to make written representations, and
- (c) may give the union and the applicant ... an opportunity to make oral representations.
- (2B) The Certification Officer—
@@ -7933,7 +8031,7 @@
#### Investigations by inspectors.
#### Enforcement of sections 24 to 24ZC by Certification Officer
#### Enforcement of sections 24ZH and 24ZI by Certification Officer
##### 100A
@@ -8013,7 +8111,7 @@
- (b) otherwise, the date, or the last date, on which voting papers are distributed for the purposes of the ballot.
#### Power of Certification Officer to require production of documents etc.
#### Investigations by inspectors.
##### 100B
@@ -8063,7 +8161,7 @@
For the purposes of paragraph (b) an inaccuracy in counting shall be disregarded if it is accidental and on a scale which could not affect the result of the ballot.
#### Offences.
#### Penalties and prosecution time limits.
##### 100D
@@ -8195,7 +8293,7 @@
### CHAPTER VIIA — BREACH OF RULES
#### Complaint of infringement of rights.
#### Right not to suffer deduction of unauthorised subscriptions
##### 108A
@@ -8307,7 +8405,7 @@
##### 108C
An appeal lies to the Employment Appeal Tribunal on any question arising in proceedings before or arising from any decision of the Certification Officer under this Chapter.
An appeal lies to the Employment Appeal Tribunal on any question of law arising in proceedings before or arising from any decision of the Certification Officer under this Chapter.
### Union modernisation
@@ -8371,7 +8469,7 @@
- (5) A worker or former worker may present a complaint to an employment tribunal on the ground that his employer has made him an offer in contravention of this section.
#### Effect of amalgamation.
#### Manner of making union rules.
##### 145B
@@ -8517,8 +8615,20 @@
- (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.
- (8A) 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 for 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.
- (9) An employee may present a complaint to an employment tribunal that his employer has failed to permit him to take time off as required by this section.
- (9) 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.
- (10) On a complaint under subsection (9)(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.
- (10) In subsection (2)(a), the reference to qualifying members of the trade union is to members of the trade union—
- (a) who are employees of the employer of a description in respect of which the union is recognised by the employer, and
@@ -8713,9 +8823,9 @@
- (c) containing—
- (i) the lists mentioned in subsection (2A) and the figures mentioned in subsection (2B), together with an explanation of how those figures were arrived at, or
- (ii) where some or all of the employees concerned are employees from whose wages the employer makes deductions representing payments to the union, either those lists and figures and that explanation or the information mentioned in subsection (2C).
- (i) the lists mentioned in subsection (2A) and the number mentioned in subsection (2B), or
- (ii) where some or all of the employees concerned are employees from whose wages the employer makes deductions representing payments to the union, either those lists and that number or the information mentioned in subsection (2C).
- (2A) The lists are—
@@ -8723,23 +8833,17 @@
- (b) a list of the workplaces at which the employees concerned work.
- (2B) The figures are—
- (2B) The number is the total number of employees concerned.
- (2C) The information referred to in subsection (2)(c)(ii) is such information as will enable the employer readily to deduce—
- (a) the total number of employees concerned,
- (b) the number of the employees concerned in each of the categories in the list mentioned in subsection (2A)(a), and
- (c) the number of the employees concerned who work at each workplace in the list mentioned in subsection (2A)(b).
- (2C) The information referred to in subsection (2)(c)(ii) is such information as will enable the employer readily to deduce—
- (a) the total number of employees concerned,
- (b) the categories of employee to which the employees concerned belong and the number of the employees concerned in each of those categories, and
- (c) the workplaces at which the employees concerned work and the number of them who work at each of those workplaces.
- (2D) The lists and figures supplied under this section, or the information mentioned in subsection (2C) that is so supplied, must be as accurate as is reasonably practicable in the light of the information in the possession of the union at the time when it complies with subsection (1)(a).
- (b) the categories of employee to which the employees concerned belong ..., and
- (c) the workplaces at which the employees concerned work ....
- (2D) The lists and the number supplied under this section, or the information mentioned in subsection (2C) that is so supplied, must be as accurate as is reasonably practicable in the light of the information in the possession of the union at the time when it complies with subsection (1)(a).
- (2E) For the purposes of subsection (2D) information is in the possession of the union if it is held, for union purposes—
@@ -8915,7 +9019,7 @@
- (a) the total number of the affected employees,
- (b) the number of the affected employees in each of the categories in the list mentioned in subsection (3A)(a), and
- (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . and
- (c) the number of the affected employees who work at each workplace in the list mentioned in subsection (3A)(b).
@@ -8923,7 +9027,7 @@
- (a) the total number of the affected employees,
- (b) the categories of employee to which the affected employees belong and the number of the affected employees in each of those categories, and
- (b) the categories of employee to which the affected employees belong ..., and
- (c) the workplaces at which the affected employees work and the number of them who work at each of those workplaces.
@@ -8941,9 +9045,7 @@
- (a) beginning with the day when the union satisfies the requirement of section 231A in relation to the ballot in respect of the industrial action, and
- (b) ending with the 14th day before the starting date, or the seventh day before that date if the union and the employer so agree.
In paragraph (b) “*starting date*” means the day, or the first of the days, specified in the relevant notice.
- (b) ending with the tenth day before the day, or before the first of the days, specified in the relevant notice.
- (5) For the purposes of subsection (1) a relevant notice covers an act done by the union if the person induced falls within a notified category of employee and the workplace at which he works is a notified workplace and—
@@ -8983,7 +9085,7 @@
- (b) a union intends industrial action to be continuous if it intends it to be not so restricted.
- (7) Subject to subsections (7A) and (7B),Where—
- (7) Subject to subsections (7A) and (7B), where—
- (a) continuous industrial action which has been authorised or endorsed by a union ceases to be so authorised or endorsed otherwise than to enable the union to comply with a court order or an undertaking given to a court, and
@@ -9055,93 +9157,37 @@
- (2) An employee who is dismissed shall be regarded for the purposes of Part X of the Employment Rights Act 1996 (unfair dismissal) as unfairly dismissed if—
- (a) the reason (or, if more than one, the principal reason) for the dismissal is that the employee took protected industrial action, ... and
- (a) the reason (or, if more than one, the principal reason) for the dismissal is that the employee took protected industrial action, ... ...
- (aa) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (b) subsection (3), (4) or (5) applies to the dismissal.
- (3) This subsection applies to a dismissal if the date of the dismissal is within the protected period.
- (4) This subsection applies to a dismissal if—
- (a) the date of the dismissal is after the end of that period, and
- (b) the employee had stopped taking protected industrial action before the end of that period.
- (5) This subsection applies to a dismissal if—
- (a) the date of the dismissal is after the end of that period,
- (b) the employee had not stopped taking protected industrial action before the end of that period, and
- (c) the employer had not taken such procedural steps as would have been reasonable for the purposes of resolving the dispute to which the protected industrial action relates.
- (6) In determining whether an employer has taken those steps regard shall be had, in particular, to—
- (a) whether the employer or a union had complied with procedures established by any applicable collective or other agreement;
- (b) whether the employer or a union offered or agreed to commence or resume negotiations after the start of the protected industrial action;
- (c) whether the employer or a union unreasonably refused, after the start of the protected industrial action, a request that conciliation services be used;
- (d) whether the employer or a union unreasonably refused, after the start of the protected industrial action, a request that mediation services be used in relation to procedures to be adopted for the purposes of resolving the dispute.
- (e) where there was agreement to use either of the services mentioned in paragraphs (c) and (d), the matters specified in section 238B.
- (7) In determining whether an employer has taken those steps no regard shall be had to the merits of the dispute.
- (7A) For the purposes of this section “*the protected period*”, in relation to the dismissal of an employee, is the sum of the basic period and any extension period in relation to that employee.
- (7B) The basic period is twelve weeks beginning with the first day of protected industrial action.
- (7C) An extension period in relation to an employee is a period equal to the number of days falling on or after the first day of protected industrial action (but before the protected period ends) during the whole or any part of which the employee is locked out by his employer.
- (7D) In subsections (7B) and (7C), the “*first day of protected industrial action*” means the day on which the employee starts to take protected industrial action (even if on that day he is locked out by his employer).
- (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (7A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (7B) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (7C) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (7D) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (8) For the purposes of this section no account shall 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 (within the meaning of section 237) after the day on which the repudiation takes place.
- (9) In this section “*date of dismissal*” has the meaning given by section 238(5).
- (9) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
##### 238B
- (1) The matters referred to in subsection (6)(e) of section 238A are those specified in subsections (2) to (5); and references in this section to “the service provider” are to any person who provided a service mentioned in subsection (6)(c) or (d) of that section.
- (2) The first matter is: whether, at meetings arranged by the service provider, the employer or, as the case may be, a union was represented by an appropriate person.
- (3) The second matter is: whether the employer or a union, so far as requested to do so, co-operated in the making of arrangements for meetings to be held with the service provider.
- (4) The third matter is: whether the employer or a union fulfilled any commitment given by it during the provision of the service to take particular action.
- (5) The fourth matter is: whether, at meetings arranged by the service provider between the parties making use of the service, the representatives of the employer or a union answered any reasonable question put to them concerning the matter subject to conciliation or mediation.
- (6) For the purposes of subsection (2) an “appropriate person” is—
- (a) in relation to the employer—
- (i) a person with the authority to settle the matter subject to conciliation or mediation on behalf of the employer, or
- (ii) a person authorised by a person of that type to make recommendations to him with regard to the settlement of that matter, and
- (b) in relation to a union, a person who is responsible for handling on the union’s behalf the matter subject to conciliation or mediation.
- (7) For the purposes of subsection (4) regard may be had to any timetable which was agreed for the taking of the action in question or, if no timetable was agreed, to how long it was before the action was taken.
- (8) In any proceedings in which regard must be had to the matters referred to in section 238A(6)(e)—
- (a) notes taken by or on behalf of the service provider shall not be admissible in evidence;
- (b) the service provider must refuse to give evidence as to anything communicated to him in connection with the performance of his functions as a conciliator or mediator if, in his opinion, to give the evidence would involve his making a damaging disclosure; and
- (c) the service provider may refuse to give evidence as to whether, for the purposes of subsection (5), a particular question was or was not a reasonable one.
- (9) For the purposes of subsection (8)(b) a “damaging disclosure” is —
- (a) a disclosure of information which is commercially sensitive, or
- (b) a disclosure of information that has not previously been disclosed which relates to a position taken by a party using the conciliation or mediation service on the settlement of the matter subject to conciliation or mediation,
to which the person who communicated the information to the service provider has not consented.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Voting.
@@ -13723,15 +13769,15 @@
[^c14514271]: [S. 52(2B)](https://www.legislation.gov.uk/ukpga/1992/52/section/52/2B) inserted (30.8.1993) by [1993 c. 19](https://www.legislation.gov.uk/ukpga/1993/19), [s. 2(2)(c)](https://www.legislation.gov.uk/ukpga/1993/19/section/2/2/c); [S.I. 1993/1908](https://www.legislation.gov.uk/uksi/1993/1908), [art. 2(1)](https://www.legislation.gov.uk/uksi/1993/1908/article/2/1), [Sch.1](https://www.legislation.gov.uk/uksi/1993/1908/schedule/1)
[^c14514301]: [S. 55(5A)-(5C)](https://www.legislation.gov.uk/ukpga/1992/52/section/55/5A) inserted (25.10.1999) by [1999 c. 26](https://www.legislation.gov.uk/ukpga/1999/26), [s. 29](https://www.legislation.gov.uk/ukpga/1999/26/section/29), [Sch. 6 paras. 1](https://www.legislation.gov.uk/ukpga/1999/26/schedule/6/paragraph/1), [10(1)(3)](https://www.legislation.gov.uk/ukpga/1999/26/schedule/6/paragraph/10/1/3); [S.I. 1999/2830](https://www.legislation.gov.uk/uksi/1999/2830), [art. 2(1)](https://www.legislation.gov.uk/uksi/1999/2830/article/2/1), [Sch. 1 Pt. I](https://www.legislation.gov.uk/uksi/1999/2830/schedule/1/part/I) (with [Sch. 3 para. 5](https://www.legislation.gov.uk/uksi/1999/2830/schedule/3/paragraph/5))
[^c14514331]: [S. 55(8)-(10)](https://www.legislation.gov.uk/ukpga/1992/52/section/55/8) inserted (25.10.1999) by [1999 c. 26](https://www.legislation.gov.uk/ukpga/1999/26), [s. 29](https://www.legislation.gov.uk/ukpga/1999/26/section/29), [Sch. 6 paras. 1](https://www.legislation.gov.uk/ukpga/1999/26/schedule/6/paragraph/1), [10(1)(4)](https://www.legislation.gov.uk/ukpga/1999/26/schedule/6/paragraph/10/1/4); [S.I. 1999/2830](https://www.legislation.gov.uk/uksi/1999/2830), [art. 2(1)](https://www.legislation.gov.uk/uksi/1999/2830/article/2/1), [Sch. 1 Pt. I](https://www.legislation.gov.uk/uksi/1999/2830/schedule/1/part/I) (with [Sch. 3 para. 5](https://www.legislation.gov.uk/uksi/1999/2830/schedule/3/paragraph/5))
[^c14514301]: S. 55(5A)-(5C) inserted (25.10.1999) by [1999 c. 26](https://www.legislation.gov.uk/ukpga/1999/26), [s. 29](https://www.legislation.gov.uk/ukpga/1999/26/section/29), [Sch. 6 paras. 1](https://www.legislation.gov.uk/ukpga/1999/26/schedule/6/paragraph/1), [10(1)(3)](https://www.legislation.gov.uk/ukpga/1999/26/schedule/6/paragraph/10/1/3); [S.I. 1999/2830](https://www.legislation.gov.uk/uksi/1999/2830), [art. 2(1)](https://www.legislation.gov.uk/uksi/1999/2830/article/2/1), [Sch. 1 Pt. I](https://www.legislation.gov.uk/uksi/1999/2830/schedule/1/part/I) (with [Sch. 3 para. 5](https://www.legislation.gov.uk/uksi/1999/2830/schedule/3/paragraph/5))
[^c14514331]: S. 55(8)-(10) inserted (25.10.1999) by [1999 c. 26](https://www.legislation.gov.uk/ukpga/1999/26), [s. 29](https://www.legislation.gov.uk/ukpga/1999/26/section/29), [Sch. 6 paras. 1](https://www.legislation.gov.uk/ukpga/1999/26/schedule/6/paragraph/1), [10(1)(4)](https://www.legislation.gov.uk/ukpga/1999/26/schedule/6/paragraph/10/1/4); [S.I. 1999/2830](https://www.legislation.gov.uk/uksi/1999/2830), [art. 2(1)](https://www.legislation.gov.uk/uksi/1999/2830/article/2/1), [Sch. 1 Pt. I](https://www.legislation.gov.uk/uksi/1999/2830/schedule/1/part/I) (with [Sch. 3 para. 5](https://www.legislation.gov.uk/uksi/1999/2830/schedule/3/paragraph/5))
[^c14514361]: [S. 56(2)](https://www.legislation.gov.uk/ukpga/1992/52/section/56/2) repealed (25.10.1999) by [1999 c. 26](https://www.legislation.gov.uk/ukpga/1999/26), [ss. 29](https://www.legislation.gov.uk/ukpga/1999/26/section/29), [44](https://www.legislation.gov.uk/ukpga/1999/26/section/44), [Sch. 6 paras. 1](https://www.legislation.gov.uk/ukpga/1999/26/schedule/6/paragraph/1), [11(1)(2)](https://www.legislation.gov.uk/ukpga/1999/26/schedule/6/paragraph/11/1/2), [Sch. 9(7)](https://www.legislation.gov.uk/ukpga/1999/26/schedule/9/7); [S.I. 1999/2830](https://www.legislation.gov.uk/uksi/1999/2830), [art. 2(1)(3)](https://www.legislation.gov.uk/uksi/1999/2830/article/2/1/3), [Sch. 1 Pt. I](https://www.legislation.gov.uk/uksi/1999/2830/schedule/1/part/I), [Sch. 2 Pt. I](https://www.legislation.gov.uk/uksi/1999/2830/schedule/2/part/I) (with [Sch. 3 para. 5](https://www.legislation.gov.uk/uksi/1999/2830/schedule/3/paragraph/5))
[^c14514371]: [S. 56(8)](https://www.legislation.gov.uk/ukpga/1992/52/section/56/8) inserted (25.10.1999) by [1999 c. 26](https://www.legislation.gov.uk/ukpga/1999/26), [s. 29](https://www.legislation.gov.uk/ukpga/1999/26/section/29), [Sch. 6 para. 1](https://www.legislation.gov.uk/ukpga/1999/26/schedule/6/paragraph/1), [11(3)](https://www.legislation.gov.uk/ukpga/1999/26/schedule/6/paragraph/11/3); [S.I. 1999/2830](https://www.legislation.gov.uk/uksi/1999/2830), [art. 2(1)(2)](https://www.legislation.gov.uk/uksi/1999/2830/article/2/1/2), [Sch. 1 Pt. I](https://www.legislation.gov.uk/uksi/1999/2830/schedule/1/part/I) (with [Sch. 3 para. 5](https://www.legislation.gov.uk/uksi/1999/2830/schedule/3/paragraph/5))
[^c14514381]: [S. 56A](https://www.legislation.gov.uk/ukpga/1992/52/section/56A) inserted (25.10.1999) [1999 c. 26](https://www.legislation.gov.uk/ukpga/1999/26), [s. 29](https://www.legislation.gov.uk/ukpga/1999/26/section/29), [Sch. 6 paras. 1](https://www.legislation.gov.uk/ukpga/1999/26/schedule/6/paragraph/1), [12](https://www.legislation.gov.uk/ukpga/1999/26/schedule/6/paragraph/12); [S.I. 1999/2830](https://www.legislation.gov.uk/uksi/1999/2830), [art. 2(1)](https://www.legislation.gov.uk/uksi/1999/2830/article/2/1), [Sch. 1 Pt. 1](https://www.legislation.gov.uk/uksi/1999/2830/schedule/1/part/1) (with [Sch. 3 para. 5](https://www.legislation.gov.uk/uksi/1999/2830/schedule/3/paragraph/5))
[^c14514381]: S. 56A inserted (25.10.1999) [1999 c. 26](https://www.legislation.gov.uk/ukpga/1999/26), [s. 29](https://www.legislation.gov.uk/ukpga/1999/26/section/29), [Sch. 6 paras. 1](https://www.legislation.gov.uk/ukpga/1999/26/schedule/6/paragraph/1), [12](https://www.legislation.gov.uk/ukpga/1999/26/schedule/6/paragraph/12); [S.I. 1999/2830](https://www.legislation.gov.uk/uksi/1999/2830), [art. 2(1)](https://www.legislation.gov.uk/uksi/1999/2830/article/2/1), [Sch. 1 Pt. 1](https://www.legislation.gov.uk/uksi/1999/2830/schedule/1/part/1) (with [Sch. 3 para. 5](https://www.legislation.gov.uk/uksi/1999/2830/schedule/3/paragraph/5))
[^c14514401]: Words in [s. 58(3)(b)](https://www.legislation.gov.uk/ukpga/1992/52/section/58/3/b) substituted (19.7.1995) by [1995 c. 26](https://www.legislation.gov.uk/ukpga/1995/26), [ss. 126](https://www.legislation.gov.uk/ukpga/1995/26/section/126), [180(2)](https://www.legislation.gov.uk/ukpga/1995/26/section/180/2), [Sch. 4 Pt. III para. 15](https://www.legislation.gov.uk/ukpga/1995/26/schedule/4/part/III/paragraph/15)
@@ -13871,9 +13917,9 @@
[^c14515631]: [S. 101(3)](https://www.legislation.gov.uk/ukpga/1992/52/section/101/3) inserted (30.8.1993) by [1993 c. 19](https://www.legislation.gov.uk/ukpga/1993/19), [s. 49(2)](https://www.legislation.gov.uk/ukpga/1993/19/section/49/2), [Sch. 8 para.55](https://www.legislation.gov.uk/ukpga/1993/19/schedule/8/paragraph/55); [S.I. 1993/1908](https://www.legislation.gov.uk/uksi/1993/1908), [art. 2(1)](https://www.legislation.gov.uk/uksi/1993/1908/article/2/1), [Sch.1](https://www.legislation.gov.uk/uksi/1993/1908/schedule/1)
[^c14515651]: [S. 103(1)](https://www.legislation.gov.uk/ukpga/1992/52/section/103/1) substituted (30.8.1993) by [1993 c. 19](https://www.legislation.gov.uk/ukpga/1993/19), [s. 49(2)](https://www.legislation.gov.uk/ukpga/1993/19/section/49/2), [Sch. 8 para. 56](https://www.legislation.gov.uk/ukpga/1993/19/schedule/8/paragraph/56); [S.I. 1993/1908](https://www.legislation.gov.uk/uksi/1993/1908), [art. 2(1)](https://www.legislation.gov.uk/uksi/1993/1908/article/2/1), [Sch. 1](https://www.legislation.gov.uk/uksi/1993/1908/schedule/1)
[^c14515671]: [S. 103(6)-(9)](https://www.legislation.gov.uk/ukpga/1992/52/section/103/6) inserted (25.10.1999) by [1999 c. 26](https://www.legislation.gov.uk/ukpga/1999/26), [s. 29](https://www.legislation.gov.uk/ukpga/1999/26/section/29), [Sch. 6 paras. 1](https://www.legislation.gov.uk/ukpga/1999/26/schedule/6/paragraph/1), [18(3)](https://www.legislation.gov.uk/ukpga/1999/26/schedule/6/paragraph/18/3); [S.I. 1999/2830](https://www.legislation.gov.uk/uksi/1999/2830), [art. 2(1)](https://www.legislation.gov.uk/uksi/1999/2830/article/2/1), [Sch. 1 Pt. I](https://www.legislation.gov.uk/uksi/1999/2830/schedule/1/part/I) (with [Sch. 3 para. 5](https://www.legislation.gov.uk/uksi/1999/2830/schedule/3/paragraph/5))
[^c14515651]: S. 103(1) substituted (30.8.1993) by [1993 c. 19](https://www.legislation.gov.uk/ukpga/1993/19), [s. 49(2)](https://www.legislation.gov.uk/ukpga/1993/19/section/49/2), [Sch. 8 para. 56](https://www.legislation.gov.uk/ukpga/1993/19/schedule/8/paragraph/56); [S.I. 1993/1908](https://www.legislation.gov.uk/uksi/1993/1908), [art. 2(1)](https://www.legislation.gov.uk/uksi/1993/1908/article/2/1), [Sch. 1](https://www.legislation.gov.uk/uksi/1993/1908/schedule/1)
[^c14515671]: S. 103(6)-(9) inserted (25.10.1999) by [1999 c. 26](https://www.legislation.gov.uk/ukpga/1999/26), [s. 29](https://www.legislation.gov.uk/ukpga/1999/26/section/29), [Sch. 6 paras. 1](https://www.legislation.gov.uk/ukpga/1999/26/schedule/6/paragraph/1), [18(3)](https://www.legislation.gov.uk/ukpga/1999/26/schedule/6/paragraph/18/3); [S.I. 1999/2830](https://www.legislation.gov.uk/uksi/1999/2830), [art. 2(1)](https://www.legislation.gov.uk/uksi/1999/2830/article/2/1), [Sch. 1 Pt. I](https://www.legislation.gov.uk/uksi/1999/2830/schedule/1/part/I) (with [Sch. 3 para. 5](https://www.legislation.gov.uk/uksi/1999/2830/schedule/3/paragraph/5))
[^c14515711]: Words in [s. 106(2)](https://www.legislation.gov.uk/ukpga/1992/52/section/106/2) substituted (30.8.1993) by [1993 c. 19](https://www.legislation.gov.uk/ukpga/1993/19), [s. 49(2)](https://www.legislation.gov.uk/ukpga/1993/19/section/49/2), [Sch. 8 para. 57(a)](https://www.legislation.gov.uk/ukpga/1993/19/schedule/8/paragraph/57/a); [S.I. 1993/1908](https://www.legislation.gov.uk/uksi/1993/1908), [art. 2(1)](https://www.legislation.gov.uk/uksi/1993/1908/article/2/1), [Sch. 1](https://www.legislation.gov.uk/uksi/1993/1908/schedule/1)
@@ -13885,7 +13931,7 @@
[^c14515751]: [S. 108A](https://www.legislation.gov.uk/ukpga/1992/52/section/108A)-C of Chapter VIIA Pt. I and chapter heading inserted (25.10.1999) by [1999 c. 26](https://www.legislation.gov.uk/ukpga/1999/26), [s. 29](https://www.legislation.gov.uk/ukpga/1999/26/section/29), [Sch. 6 paras. 1](https://www.legislation.gov.uk/ukpga/1999/26/schedule/6/paragraph/1), [19](https://www.legislation.gov.uk/ukpga/1999/26/schedule/6/paragraph/19); [S.I. 1999/2830](https://www.legislation.gov.uk/uksi/1999/2830), [art. 2(1)](https://www.legislation.gov.uk/uksi/1999/2830/article/2/1), [Sch. 1 Pt. I](https://www.legislation.gov.uk/uksi/1999/2830/schedule/1/part/I) (with [Sch. 3 para. 5](https://www.legislation.gov.uk/uksi/1999/2830/schedule/3/paragraph/5))
[^c14515761]: [S. 108A](https://www.legislation.gov.uk/ukpga/1992/52/section/108A)-C of Chapter VIIA Pt. I inserted (25.10.1999) by [1999 c. 26](https://www.legislation.gov.uk/ukpga/1999/26) s. 29, Sch. 6 para. 1, 19; [S.I. 1999/2830](https://www.legislation.gov.uk/uksi/1999/2830), [art. 2(1)](https://www.legislation.gov.uk/uksi/1999/2830/article/2/1), [Sch. 1 Pt. I](https://www.legislation.gov.uk/uksi/1999/2830/schedule/1/part/I) (with [Sch. 3 para. 5](https://www.legislation.gov.uk/uksi/1999/2830/schedule/3/paragraph/5))
[^c14515761]: Ss. 108A-108C inserted (25.10.1999) by [1999 c. 26](https://www.legislation.gov.uk/ukpga/1999/26) s. 29, Sch. 6 para. 1, 19; [S.I. 1999/2830](https://www.legislation.gov.uk/uksi/1999/2830), [art. 2(1)](https://www.legislation.gov.uk/uksi/1999/2830/article/2/1), [Sch. 1 Pt. I](https://www.legislation.gov.uk/uksi/1999/2830/schedule/1/part/I) (with [Sch. 3 para. 5](https://www.legislation.gov.uk/uksi/1999/2830/schedule/3/paragraph/5))
[^c14515771]: Pt I Chapter VIII (ss.109-114) repealed (25.10.1999) by [1999 c. 26](https://www.legislation.gov.uk/ukpga/1999/26), [s. 44](https://www.legislation.gov.uk/ukpga/1999/26/section/44), [Sch. 9(6)](https://www.legislation.gov.uk/ukpga/1999/26/schedule/9/6); [S.I. 1999/2830](https://www.legislation.gov.uk/uksi/1999/2830), [art. 2(3)](https://www.legislation.gov.uk/uksi/1999/2830/article/2/3), [Sch. 2 Pt. I](https://www.legislation.gov.uk/uksi/1999/2830/schedule/2/part/I) (with [Sch. 3 para. 4](https://www.legislation.gov.uk/uksi/1999/2830/schedule/3/paragraph/4))
@@ -14047,8 +14093,6 @@
[^c14517721]: S. 169 applied (4.9.2000) by [1999 c. 26](https://www.legislation.gov.uk/ukpga/1999/26), [s. 10(7)](https://www.legislation.gov.uk/ukpga/1999/26/section/10/7) (with [s. 15](https://www.legislation.gov.uk/ukpga/1999/26/section/15)); [S.I. 2000/2424](https://www.legislation.gov.uk/uksi/2000/2424), [art. 2](https://www.legislation.gov.uk/uksi/2000/2424/article/2) (with transitional provisions in [arts. 3](https://www.legislation.gov.uk/uksi/2000/2424/article/3), [4](https://www.legislation.gov.uk/uksi/2000/2424/article/4))
[^c14517731]: Word in s. 169(1) inserted (27.4.2003) by [2002 c. 22](https://www.legislation.gov.uk/ukpga/2002/22), [ss. 43(3)](https://www.legislation.gov.uk/ukpga/2002/22/section/43/3), [55(2)](https://www.legislation.gov.uk/ukpga/2002/22/section/55/2); [S.I. 2003/1190](https://www.legislation.gov.uk/uksi/2003/1190), [art. 2(1)](https://www.legislation.gov.uk/uksi/2003/1190/article/2/1) (with [art. 3](https://www.legislation.gov.uk/uksi/2003/1190/article/3))
[^c14517741]: Words in s. 169(5) substituted (1.8.1998) by [1998 c. 8](https://www.legislation.gov.uk/ukpga/1998/8), [s. 1(2)(a)](https://www.legislation.gov.uk/ukpga/1998/8/section/1/2/a) (with [s. 16(2)](https://www.legislation.gov.uk/ukpga/1998/8/section/16/2)); [S.I. 1998/1658](https://www.legislation.gov.uk/uksi/1998/1658), [art. 2(1)](https://www.legislation.gov.uk/uksi/1998/1658/article/2/1), [Sch. 1](https://www.legislation.gov.uk/uksi/1998/1658/schedule/1)
[^c14517761]: [S. 170(2A)-(2C)](https://www.legislation.gov.uk/ukpga/1992/52/section/170/2A) inserted (27.4.2003) by [2002 c. 22](https://www.legislation.gov.uk/ukpga/2002/22), [ss. 43(4)](https://www.legislation.gov.uk/ukpga/2002/22/section/43/4), [55(2)](https://www.legislation.gov.uk/ukpga/2002/22/section/55/2); [S.I. 2003/1190](https://www.legislation.gov.uk/uksi/2003/1190), [art. 2(1)](https://www.legislation.gov.uk/uksi/2003/1190/article/2/1) (with [art. 3](https://www.legislation.gov.uk/uksi/2003/1190/article/3))
@@ -14751,7 +14795,7 @@
[^c20382451]: [S. 46(5A)(5B)](https://www.legislation.gov.uk/ukpga/1992/52/section/46/5A/5B) inserted (6.4.2005) by [Employment Relations Act 2004 (c. 24)](https://www.legislation.gov.uk/ukpga/2004/24), [ss. 52(5)](https://www.legislation.gov.uk/ukpga/2004/24/section/52/5), [59(2)-(4)](https://www.legislation.gov.uk/ukpga/2004/24/section/59/2); [S.I. 2005/872](https://www.legislation.gov.uk/uksi/2005/872), [art. 4](https://www.legislation.gov.uk/uksi/2005/872/article/4), [Sch.](https://www.legislation.gov.uk/uksi/2005/872/schedule) (with [arts. 6-21](https://www.legislation.gov.uk/uksi/2005/872/article/6))
[^c20382541]: Words in [s. 54(3)](https://www.legislation.gov.uk/ukpga/1992/52/section/54/3) substituted (6.4.2005) by [Employment Relations Act 2004 (c. 24)](https://www.legislation.gov.uk/ukpga/2004/24), [ss. 57(1)](https://www.legislation.gov.uk/ukpga/2004/24/section/57/1), [59(2)-(4)](https://www.legislation.gov.uk/ukpga/2004/24/section/59/2), [Sch. 1 para. 5](https://www.legislation.gov.uk/ukpga/2004/24/schedule/1/paragraph/5); [S.I. 2005/872](https://www.legislation.gov.uk/uksi/2005/872), [art. 4](https://www.legislation.gov.uk/uksi/2005/872/article/4), [Sch.](https://www.legislation.gov.uk/uksi/2005/872/schedule) (with [arts. 6-21](https://www.legislation.gov.uk/uksi/2005/872/article/6))
[^c20382541]: Words in s. 54(3) substituted (6.4.2005) by [Employment Relations Act 2004 (c. 24)](https://www.legislation.gov.uk/ukpga/2004/24), [ss. 57(1)](https://www.legislation.gov.uk/ukpga/2004/24/section/57/1), [59(2)-(4)](https://www.legislation.gov.uk/ukpga/2004/24/section/59/2), [Sch. 1 para. 5](https://www.legislation.gov.uk/ukpga/2004/24/schedule/1/paragraph/5); [S.I. 2005/872](https://www.legislation.gov.uk/uksi/2005/872), [art. 4](https://www.legislation.gov.uk/uksi/2005/872/article/4), [Sch.](https://www.legislation.gov.uk/uksi/2005/872/schedule) (with [arts. 6-21](https://www.legislation.gov.uk/uksi/2005/872/article/6))
[^c20382791]: Words in [s. 67(1)](https://www.legislation.gov.uk/ukpga/1992/52/section/67/1) inserted (31.12.2004) by [Employment Relations Act 2004 (c. 24)](https://www.legislation.gov.uk/ukpga/2004/24), [ss. 34(2)](https://www.legislation.gov.uk/ukpga/2004/24/section/34/2), [59(2)-(4)](https://www.legislation.gov.uk/ukpga/2004/24/section/59/2); [S.I. 2004/3342](https://www.legislation.gov.uk/uksi/2004/3342), [art. 4](https://www.legislation.gov.uk/uksi/2004/3342/article/4) (with [arts. 6-12](https://www.legislation.gov.uk/uksi/2004/3342/article/6))
@@ -14903,8 +14947,6 @@
[^c20396921]: Words in s. 227(1) inserted (6.4.2005) by [Employment Relations Act 2004 (c. 24)](https://www.legislation.gov.uk/ukpga/2004/24), [ss. 23](https://www.legislation.gov.uk/ukpga/2004/24/section/23), [59(2)-(4)](https://www.legislation.gov.uk/ukpga/2004/24/section/59/2); [S.I. 2005/872](https://www.legislation.gov.uk/uksi/2005/872), [art. 4](https://www.legislation.gov.uk/uksi/2005/872/article/4), [Sch.](https://www.legislation.gov.uk/uksi/2005/872/schedule) (with [arts. 6-21](https://www.legislation.gov.uk/uksi/2005/872/article/6))
[^c20396941]: Word in s. 229(4) substituted (6.4.2005) by [Employment Relations Act 2004 (c. 24)](https://www.legislation.gov.uk/ukpga/2004/24), [ss. 57(1)](https://www.legislation.gov.uk/ukpga/2004/24/section/57/1), [59(2)-(4)](https://www.legislation.gov.uk/ukpga/2004/24/section/59/2), [Sch. 1 para. 13](https://www.legislation.gov.uk/ukpga/2004/24/schedule/1/paragraph/13); [S.I. 2005/872](https://www.legislation.gov.uk/uksi/2005/872), [art. 4](https://www.legislation.gov.uk/uksi/2005/872/article/4), [Sch.](https://www.legislation.gov.uk/uksi/2005/872/schedule) (with [arts. 6-21](https://www.legislation.gov.uk/uksi/2005/872/article/6))
[^c20396961]: Words in s. 232B(1) inserted (6.4.2005) by [Employment Relations Act 2004 (c. 24)](https://www.legislation.gov.uk/ukpga/2004/24), [ss. 24(1)(a)](https://www.legislation.gov.uk/ukpga/2004/24/section/24/1/a), [59(2)-(4)](https://www.legislation.gov.uk/ukpga/2004/24/section/59/2); [S.I. 2005/872](https://www.legislation.gov.uk/uksi/2005/872), [art. 4](https://www.legislation.gov.uk/uksi/2005/872/article/4), [Sch.](https://www.legislation.gov.uk/uksi/2005/872/schedule) (with [arts. 6-21](https://www.legislation.gov.uk/uksi/2005/872/article/6))
[^c20396981]: Words in s. 232B(2) substituted (6.4.2005) by [Employment Relations Act 2004 (c. 24)](https://www.legislation.gov.uk/ukpga/2004/24), [ss. 24(1)(b)](https://www.legislation.gov.uk/ukpga/2004/24/section/24/1/b), [59(2)-(4)](https://www.legislation.gov.uk/ukpga/2004/24/section/59/2); [S.I. 2005/872](https://www.legislation.gov.uk/uksi/2005/872), [art. 4](https://www.legislation.gov.uk/uksi/2005/872/article/4), [Sch.](https://www.legislation.gov.uk/uksi/2005/872/schedule) (with [arts. 6-21](https://www.legislation.gov.uk/uksi/2005/872/article/6))
@@ -14921,20 +14963,6 @@
[^c20397141]: Words in s. 234A(8) inserted (1.10.2005) by [Employment Relations Act 2004 (c. 24)](https://www.legislation.gov.uk/ukpga/2004/24), [ss. 25(6)](https://www.legislation.gov.uk/ukpga/2004/24/section/25/6), [59(2)-(4)](https://www.legislation.gov.uk/ukpga/2004/24/section/59/2); [S.I. 2005/2419](https://www.legislation.gov.uk/uksi/2005/2419), [art. 3(a)](https://www.legislation.gov.uk/uksi/2005/2419/article/3/a) (with [arts. 5-7](https://www.legislation.gov.uk/uksi/2005/2419/article/5))
[^c20397191]: Words in s. 238A(3) substituted (6.4.2005) by [Employment Relations Act 2004 (c. 24)](https://www.legislation.gov.uk/ukpga/2004/24), [ss. 26(2)](https://www.legislation.gov.uk/ukpga/2004/24/section/26/2), [59(2)-(4)](https://www.legislation.gov.uk/ukpga/2004/24/section/59/2); [S.I. 2005/872](https://www.legislation.gov.uk/uksi/2005/872), [art. 4](https://www.legislation.gov.uk/uksi/2005/872/article/4), [Sch.](https://www.legislation.gov.uk/uksi/2005/872/schedule) (with [arts. 6-21](https://www.legislation.gov.uk/uksi/2005/872/article/6))
[^c20397211]: S. 238A(7A)-(7D) inserted (6.4.2005) by [Employment Relations Act 2004 (c. 24)](https://www.legislation.gov.uk/ukpga/2004/24), [ss. 26(3)](https://www.legislation.gov.uk/ukpga/2004/24/section/26/3), [59(2)-(4)](https://www.legislation.gov.uk/ukpga/2004/24/section/59/2); [S.I. 2005/872](https://www.legislation.gov.uk/uksi/2005/872), [art. 4](https://www.legislation.gov.uk/uksi/2005/872/article/4), [Sch.](https://www.legislation.gov.uk/uksi/2005/872/schedule) (with [arts. 6-21](https://www.legislation.gov.uk/uksi/2005/872/article/6))
[^c20397271]: Words in s. 238A(3) substituted (6.4.2005) by [Employment Relations Act 2004 (c. 24)](https://www.legislation.gov.uk/ukpga/2004/24), [ss. 27(2)](https://www.legislation.gov.uk/ukpga/2004/24/section/27/2), [59(2)-(4)](https://www.legislation.gov.uk/ukpga/2004/24/section/59/2); [S.I. 2005/872](https://www.legislation.gov.uk/uksi/2005/872), [art. 4](https://www.legislation.gov.uk/uksi/2005/872/article/4), [Sch.](https://www.legislation.gov.uk/uksi/2005/872/schedule) (with [arts. 6-21](https://www.legislation.gov.uk/uksi/2005/872/article/6))
[^c20397311]: Words in s. 238A(4)(a) substituted (6.4.2005) by [Employment Relations Act 2004 (c. 24)](https://www.legislation.gov.uk/ukpga/2004/24), [ss. 27(3)](https://www.legislation.gov.uk/ukpga/2004/24/section/27/3), [59(2)-(4)](https://www.legislation.gov.uk/ukpga/2004/24/section/59/2); [S.I. 2005/872](https://www.legislation.gov.uk/uksi/2005/872), [art. 4](https://www.legislation.gov.uk/uksi/2005/872/article/4), [Sch.](https://www.legislation.gov.uk/uksi/2005/872/schedule) (with [arts. 6-21](https://www.legislation.gov.uk/uksi/2005/872/article/6))
[^c20397341]: Words in s. 238A(5)(a) substituted (6.4.2005) by [Employment Relations Act 2004 (c. 24)](https://www.legislation.gov.uk/ukpga/2004/24), [ss. 27(4)](https://www.legislation.gov.uk/ukpga/2004/24/section/27/4), [59(2)-(4)](https://www.legislation.gov.uk/ukpga/2004/24/section/59/2); [S.I. 2005/872](https://www.legislation.gov.uk/uksi/2005/872), [art. 4](https://www.legislation.gov.uk/uksi/2005/872/article/4), [Sch.](https://www.legislation.gov.uk/uksi/2005/872/schedule) (with [arts. 6-21](https://www.legislation.gov.uk/uksi/2005/872/article/6))
[^c20397431]: S. 238A(6)(e) inserted (6.4.2005) by [Employment Relations Act 2004 (c. 24)](https://www.legislation.gov.uk/ukpga/2004/24), [ss. 28(1)](https://www.legislation.gov.uk/ukpga/2004/24/section/28/1), [59(2)-(4)](https://www.legislation.gov.uk/ukpga/2004/24/section/59/2); [S.I. 2005/872](https://www.legislation.gov.uk/uksi/2005/872), [art. 4](https://www.legislation.gov.uk/uksi/2005/872/article/4), [Sch.](https://www.legislation.gov.uk/uksi/2005/872/schedule) (with [arts. 6-21](https://www.legislation.gov.uk/uksi/2005/872/article/6))
[^c20397561]: S. 238B inserted (6.4.2005) by [Employment Relations Act 2004 (c. 24)](https://www.legislation.gov.uk/ukpga/2004/24), [ss. 28(2)](https://www.legislation.gov.uk/ukpga/2004/24/section/28/2), [59(2)-(4)](https://www.legislation.gov.uk/ukpga/2004/24/section/59/2); [S.I. 2005/872](https://www.legislation.gov.uk/uksi/2005/872), [art. 4](https://www.legislation.gov.uk/uksi/2005/872/article/4), [Sch.](https://www.legislation.gov.uk/uksi/2005/872/schedule) (with [arts. 6-21](https://www.legislation.gov.uk/uksi/2005/872/article/6))
[^c20397841]: S. 256ZA inserted (6.4.2005) by [Employment Relations Act 2004 (c. 24)](https://www.legislation.gov.uk/ukpga/2004/24), [ss. 48](https://www.legislation.gov.uk/ukpga/2004/24/section/48), [59(2)-(4)](https://www.legislation.gov.uk/ukpga/2004/24/section/59/2); [S.I. 2005/872](https://www.legislation.gov.uk/uksi/2005/872), [art. 4](https://www.legislation.gov.uk/uksi/2005/872/article/4), [Sch.](https://www.legislation.gov.uk/uksi/2005/872/schedule) (with [arts. 6-21](https://www.legislation.gov.uk/uksi/2005/872/article/6))
[^c20397861]: S. 263A(8) inserted (6.4.2005) by [Employment Relations Act 2004 (c. 24)](https://www.legislation.gov.uk/ukpga/2004/24), [ss. 57(1)](https://www.legislation.gov.uk/ukpga/2004/24/section/57/1), [59(2)-(4)](https://www.legislation.gov.uk/ukpga/2004/24/section/59/2), [Sch. 1 para. 15](https://www.legislation.gov.uk/ukpga/2004/24/schedule/1/paragraph/15); [S.I. 2005/872](https://www.legislation.gov.uk/uksi/2005/872), [art. 4](https://www.legislation.gov.uk/uksi/2005/872/article/4), [Sch.](https://www.legislation.gov.uk/uksi/2005/872/schedule) (with [arts. 6-21](https://www.legislation.gov.uk/uksi/2005/872/article/6))
@@ -15299,8 +15327,6 @@
[^key-0045a14f55b02d2eddb6f210f7a26204]: [S. 70B(4A)](https://www.legislation.gov.uk/ukpga/1992/52/section/70B/4A) inserted (1.10.2011) by [The Agency Workers Regulations 2010 (S.I. 2010/93)](https://www.legislation.gov.uk/uksi/2010/93), [reg. 1(1)](https://www.legislation.gov.uk/uksi/2010/93/regulation/1/1), [Sch. 2 para. 2(a)](https://www.legislation.gov.uk/uksi/2010/93/schedule/2/paragraph/2/a)
[^key-007a431a21f563c5121f15275e5574bf]: Words in s. 226(2)(a)(iii) substituted (5.12.2016 for specified purposes, 1.3.2017 in so far as not already in force) by [Trade Union Act 2016 (c. 15)](https://www.legislation.gov.uk/ukpga/2016/15), [ss. 3(1)](https://www.legislation.gov.uk/ukpga/2016/15/section/3/1), [25(1)](https://www.legislation.gov.uk/ukpga/2016/15/section/25/1) (with [s. 3(3)](https://www.legislation.gov.uk/ukpga/2016/15/section/3/3)); [S.I. 2016/1170](https://www.legislation.gov.uk/uksi/2016/1170), [reg. 2(a)](https://www.legislation.gov.uk/uksi/2016/1170/regulation/2/a); [S.I. 2017/139](https://www.legislation.gov.uk/uksi/2017/139), [reg. 2(b)](https://www.legislation.gov.uk/uksi/2017/139/regulation/2/b)
[^key-008899f016538254458e01d5c6dad362]: Words in s. 10(3)(b) substituted (1.8.2014) by [Co-operative and Community Benefit Societies Act 2014 (c. 14)](https://www.legislation.gov.uk/ukpga/2014/14), [s. 154](https://www.legislation.gov.uk/ukpga/2014/14/section/154), [Sch. 4 para. 54](https://www.legislation.gov.uk/ukpga/2014/14/schedule/4/paragraph/54) (with [Sch. 5](https://www.legislation.gov.uk/ukpga/2014/14/schedule/5))
[^key-00d270f02603a37870b4aac0cb4a7dcb]: Words in [s. 189(5A)](https://www.legislation.gov.uk/ukpga/1992/52/section/189/5A) inserted (6.4.2014) by [The Employment Tribunals Act 1996 (Application of Conciliation Provisions) Order 2014 (S.I. 2014/431)](https://www.legislation.gov.uk/uksi/2014/431), [art. 1](https://www.legislation.gov.uk/uksi/2014/431/article/1), [Sch. para. 1](https://www.legislation.gov.uk/uksi/2014/431/schedule/paragraph/1)
@@ -15317,17 +15343,17 @@
[^key-0576f23a7a4e6fbd8072954645282030]: Words in s. 44(4) inserted (30.1.2014 for specified purposes, 6.4.2015 in so far as not already in force and with application in accordance with art. 3 of the commencing S.I.) by [Transparency of Lobbying, Non-Party Campaigning and Trade Union Administration Act 2014 (c. 4)](https://www.legislation.gov.uk/ukpga/2014/4), [ss. 41(4)](https://www.legislation.gov.uk/ukpga/2014/4/section/41/4), [45(3)(c)](https://www.legislation.gov.uk/ukpga/2014/4/section/45/3/c); [S.I. 2015/717](https://www.legislation.gov.uk/uksi/2015/717), [art. 3(1)(b)](https://www.legislation.gov.uk/uksi/2015/717/article/3/1/b)
[^key-06dddd3cff6d16a037d3bca42fb7a715]: Words in [s. 285(1)](https://www.legislation.gov.uk/ukpga/1992/52/section/285/1) substituted (6.2.2018) by [The Seafarers (Transnational Information and Consultation, Collective Redundancies and Insolvency Miscellaneous Amendments) Regulations 2018 (S.I. 2018/26)](https://www.legislation.gov.uk/uksi/2018/26), [regs. 1(1)](https://www.legislation.gov.uk/uksi/2018/26/regulation/1/1), [3(3)(a)](https://www.legislation.gov.uk/uksi/2018/26/regulation/3/3/a) (with [reg. 3(4)](https://www.legislation.gov.uk/uksi/2018/26/regulation/3/4))
[^key-06dddd3cff6d16a037d3bca42fb7a715]: Words in s. 285(1) substituted (6.2.2018) by [The Seafarers (Transnational Information and Consultation, Collective Redundancies and Insolvency Miscellaneous Amendments) Regulations 2018 (S.I. 2018/26)](https://www.legislation.gov.uk/uksi/2018/26), [regs. 1(1)](https://www.legislation.gov.uk/uksi/2018/26/regulation/1/1), [3(3)(a)](https://www.legislation.gov.uk/uksi/2018/26/regulation/3/3/a) (with [reg. 3(4)](https://www.legislation.gov.uk/uksi/2018/26/regulation/3/4))
[^key-08fa9f3d976f58ee96bad145969d2774]: S. 82(1)(ca) substituted (5.12.2016 for specified purposes, 1.3.2017 in so far as not already in force) by [Trade Union Act 2016 (c. 15)](https://www.legislation.gov.uk/ukpga/2016/15), [ss. 11(4)](https://www.legislation.gov.uk/ukpga/2016/15/section/11/4), [25(1)](https://www.legislation.gov.uk/ukpga/2016/15/section/25/1) (with [s. 11(5)](https://www.legislation.gov.uk/ukpga/2016/15/section/11/5)); [S.I. 2016/1170](https://www.legislation.gov.uk/uksi/2016/1170), [reg. 2(b)](https://www.legislation.gov.uk/uksi/2016/1170/regulation/2/b); [S.I. 2017/139](https://www.legislation.gov.uk/uksi/2017/139), [reg. 2(i)](https://www.legislation.gov.uk/uksi/2017/139/regulation/2/i)
[^key-09d024ea0add5519725d005b7ad9f87a]: Words in s. 94(2) omitted (1.3.2017) by virtue of [Trade Union Act 2016 (c. 15)](https://www.legislation.gov.uk/ukpga/2016/15), [s. 25(1)](https://www.legislation.gov.uk/ukpga/2016/15/section/25/1), [Sch. 4 para. 9(3)](https://www.legislation.gov.uk/ukpga/2016/15/schedule/4/paragraph/9/3); [S.I. 2017/139](https://www.legislation.gov.uk/uksi/2017/139), [reg. 2(n)(i)](https://www.legislation.gov.uk/uksi/2017/139/regulation/2/n/i) (with [reg. 4](https://www.legislation.gov.uk/uksi/2017/139/regulation/4))
[^key-0b643ec7f1436f92e5f239d69fb62467]: Words in [s. 55(9)](https://www.legislation.gov.uk/ukpga/1992/52/section/55/9) inserted (1.4.2022) by [Trade Union Act 2016 (c. 15)](https://www.legislation.gov.uk/ukpga/2016/15), [ss. 19(4)](https://www.legislation.gov.uk/ukpga/2016/15/section/19/4), [25(1)](https://www.legislation.gov.uk/ukpga/2016/15/section/25/1); [S.I. 2021/1373](https://www.legislation.gov.uk/uksi/2021/1373), [reg. 4(c)](https://www.legislation.gov.uk/uksi/2021/1373/regulation/4/c) (with [reg. 15](https://www.legislation.gov.uk/uksi/2021/1373/regulation/15))
[^key-0b643ec7f1436f92e5f239d69fb62467]: Words in s. 55(9) inserted (1.4.2022) by [Trade Union Act 2016 (c. 15)](https://www.legislation.gov.uk/ukpga/2016/15), [ss. 19(4)](https://www.legislation.gov.uk/ukpga/2016/15/section/19/4), [25(1)](https://www.legislation.gov.uk/ukpga/2016/15/section/25/1); [S.I. 2021/1373](https://www.legislation.gov.uk/uksi/2021/1373), [reg. 4(c)](https://www.legislation.gov.uk/uksi/2021/1373/regulation/4/c) (with [reg. 15](https://www.legislation.gov.uk/uksi/2021/1373/regulation/15))
[^key-0cb955c05b53b3b67236dfe09a42d810]: Words in s. 238(2A)(a) substituted (6.4.2010 for specified purposes) by virtue of [Apprenticeships, Skills, Children and Learning Act 2009 (c. 22)](https://www.legislation.gov.uk/ukpga/2009/22), s. 269(4), Sch. 1 para. 15(a); [S.I. 2010/303](https://www.legislation.gov.uk/uksi/2010/303), art. 4, Sch. 3
[^key-0e77ebf298957ba47ed9326cf35ca50e]: Words in [s. 103(1)](https://www.legislation.gov.uk/ukpga/1992/52/section/103/1) substituted (1.4.2022) by [Trade Union Act 2016 (c. 15)](https://www.legislation.gov.uk/ukpga/2016/15), [s. 25(1)](https://www.legislation.gov.uk/ukpga/2016/15/section/25/1), [Sch. 2 para. 8(3)](https://www.legislation.gov.uk/ukpga/2016/15/schedule/2/paragraph/8/3); [S.I. 2021/1373](https://www.legislation.gov.uk/uksi/2021/1373), [reg. 4(b)](https://www.legislation.gov.uk/uksi/2021/1373/regulation/4/b) (with [reg. 14](https://www.legislation.gov.uk/uksi/2021/1373/regulation/14))
[^key-0e77ebf298957ba47ed9326cf35ca50e]: Words in s. 103(1) substituted (1.4.2022) by [Trade Union Act 2016 (c. 15)](https://www.legislation.gov.uk/ukpga/2016/15), [s. 25(1)](https://www.legislation.gov.uk/ukpga/2016/15/section/25/1), [Sch. 2 para. 8(3)](https://www.legislation.gov.uk/ukpga/2016/15/schedule/2/paragraph/8/3); [S.I. 2021/1373](https://www.legislation.gov.uk/uksi/2021/1373), [reg. 4(b)](https://www.legislation.gov.uk/uksi/2021/1373/regulation/4/b) (with [reg. 14](https://www.legislation.gov.uk/uksi/2021/1373/regulation/14))
[^key-0f7fad33e2914c1d9da08183dcad3971]: S. 145C(2) inserted (6.4.2014) by [Enterprise and Regulatory Reform Act 2013 (c. 24)](https://www.legislation.gov.uk/ukpga/2013/24), [s. 103(3)](https://www.legislation.gov.uk/ukpga/2013/24/section/103/3), [Sch. 2 para. 7(3)](https://www.legislation.gov.uk/ukpga/2013/24/schedule/2/paragraph/7/3); [S.I. 2014/253](https://www.legislation.gov.uk/uksi/2014/253), [art. 3(g)](https://www.legislation.gov.uk/uksi/2014/253/article/3/g)
@@ -15335,8 +15361,6 @@
[^key-11b223f526b07ac0e7f8cb1086ced6de]: Word in [s. 212(5)](https://www.legislation.gov.uk/ukpga/1992/52/section/212/5) substituted (S.) (5.6.2010) by [The Arbitration (Scotland) Act 2010 (Consequential Amendments) Order 2010 (S.S.I. 2010/220)](https://www.legislation.gov.uk/ssi/2010/220), [art. 1](https://www.legislation.gov.uk/ssi/2010/220/article/1), [sch. para. 6(2)(b)](https://www.legislation.gov.uk/ssi/2010/220/schedule/paragraph/6/2/b)
[^key-149fdd3d1eeee70b2a17777814299b10]: Words in [s. 131(1)](https://www.legislation.gov.uk/ukpga/1992/52/section/131/1) inserted (1.3.2017) by [Trade Union Act 2016 (c. 15)](https://www.legislation.gov.uk/ukpga/2016/15), [ss. 12(2)](https://www.legislation.gov.uk/ukpga/2016/15/section/12/2), [25(1)](https://www.legislation.gov.uk/ukpga/2016/15/section/25/1) (with [s. 12(4)](https://www.legislation.gov.uk/ukpga/2016/15/section/12/4)); [S.I. 2017/139](https://www.legislation.gov.uk/uksi/2017/139), [reg. 2(j)](https://www.legislation.gov.uk/uksi/2017/139/regulation/2/j)
[^key-14fc3698c36b9219e7fb7d1a08b6415c]: Words in [s. 212A(1)(za)](https://www.legislation.gov.uk/ukpga/1992/52/section/212A/1/za) substituted (6.4.2010 for specified purposes) by [Apprenticeships, Skills, Children and Learning Act 2009 (c. 22)](https://www.legislation.gov.uk/ukpga/2009/22), [s. 269(4)](https://www.legislation.gov.uk/ukpga/2009/22/section/269/4), [Sch. 1 para. 13(b)](https://www.legislation.gov.uk/ukpga/2009/22/schedule/1/paragraph/13/b); [S.I. 2010/303](https://www.legislation.gov.uk/uksi/2010/303), [art. 4](https://www.legislation.gov.uk/uksi/2010/303/article/4), [Sch. 3](https://www.legislation.gov.uk/uksi/2010/303/schedule/3)
[^key-15dd06a0a87fda470fe0257c1c9c1112]: Sum in [s. 22(2)](https://www.legislation.gov.uk/ukpga/1992/52/section/22/2) table substituted (21.7.2022) by [The Liability of Trade Unions in Proceedings in Tort (Increase of Limits on Damages) Order 2022 (S.I. 2022/699)](https://www.legislation.gov.uk/uksi/2022/699), [arts. 1(2)](https://www.legislation.gov.uk/uksi/2022/699/article/1/2), [2(2)(d)](https://www.legislation.gov.uk/uksi/2022/699/article/2/2/d) (with [art. 3](https://www.legislation.gov.uk/uksi/2022/699/article/3))
@@ -15353,35 +15377,33 @@
[^key-1e7639a9fde794b3f054fdbf0100f3b6]: Words in [s. 24B(12)](https://www.legislation.gov.uk/ukpga/1992/52/section/24B/12) inserted (1.4.2022) by [Trade Union Act 2016 (c. 15)](https://www.legislation.gov.uk/ukpga/2016/15), [ss. 19(4)](https://www.legislation.gov.uk/ukpga/2016/15/section/19/4), [25(1)](https://www.legislation.gov.uk/ukpga/2016/15/section/25/1); [S.I. 2021/1373](https://www.legislation.gov.uk/uksi/2021/1373), [reg. 4(c)](https://www.legislation.gov.uk/uksi/2021/1373/regulation/4/c) (with [reg. 15](https://www.legislation.gov.uk/uksi/2021/1373/regulation/15))
[^key-1f1828631eff0feb394c218c19840c9c]: Words in [s. 80(7)](https://www.legislation.gov.uk/ukpga/1992/52/section/80/7) omitted (1.4.2022) by virtue of [Trade Union Act 2016 (c. 15)](https://www.legislation.gov.uk/ukpga/2016/15), [s. 25(1)](https://www.legislation.gov.uk/ukpga/2016/15/section/25/1), [Sch. 2 para. 6(5)](https://www.legislation.gov.uk/ukpga/2016/15/schedule/2/paragraph/6/5); [S.I. 2021/1373](https://www.legislation.gov.uk/uksi/2021/1373), [reg. 4(b)](https://www.legislation.gov.uk/uksi/2021/1373/regulation/4/b) (with [reg. 12](https://www.legislation.gov.uk/uksi/2021/1373/regulation/12))
[^key-1f1828631eff0feb394c218c19840c9c]: Words in s. 80(7) omitted (1.4.2022) by virtue of [Trade Union Act 2016 (c. 15)](https://www.legislation.gov.uk/ukpga/2016/15), [s. 25(1)](https://www.legislation.gov.uk/ukpga/2016/15/section/25/1), [Sch. 2 para. 6(5)](https://www.legislation.gov.uk/ukpga/2016/15/schedule/2/paragraph/6/5); [S.I. 2021/1373](https://www.legislation.gov.uk/uksi/2021/1373), [reg. 4(b)](https://www.legislation.gov.uk/uksi/2021/1373/regulation/4/b) (with [reg. 12](https://www.legislation.gov.uk/uksi/2021/1373/regulation/12))
[^key-2003a5b15e4bcf5ba0d48c323d7d46ab]: S. 171 renumbered as s. 171(1) (6.4.2014) by [Enterprise and Regulatory Reform Act 2013 (c. 24)](https://www.legislation.gov.uk/ukpga/2013/24), [s. 103(3)](https://www.legislation.gov.uk/ukpga/2013/24/section/103/3), [Sch. 2 para. 9(2)](https://www.legislation.gov.uk/ukpga/2013/24/schedule/2/paragraph/9/2); [S.I. 2014/253](https://www.legislation.gov.uk/uksi/2014/253), [art. 3(g)](https://www.legislation.gov.uk/uksi/2014/253/article/3/g)
[^key-201788f87d99fd79b7ee72f2aad28866]: [S. 282](https://www.legislation.gov.uk/ukpga/1992/52/section/282) substituted (with application in accordance with art. 2 of the amending S.I.) by [The Trade Union and Labour Relations (Consolidation) Act 1992 (Amendment) Order 2013 (S.I. 2013/763)](https://www.legislation.gov.uk/uksi/2013/763), [arts. 1](https://www.legislation.gov.uk/uksi/2013/763/article/1), [3(4)](https://www.legislation.gov.uk/uksi/2013/763/article/3/4)
[^key-2296a4605a1622ffc53101c367bc8d1f]: [S. 55(1)](https://www.legislation.gov.uk/ukpga/1992/52/section/55/1)[(2)](https://www.legislation.gov.uk/ukpga/1992/52/section/55/2) substituted (1.4.2022) by [Trade Union Act 2016 (c. 15)](https://www.legislation.gov.uk/ukpga/2016/15), [s. 25(1)](https://www.legislation.gov.uk/ukpga/2016/15/section/25/1), [Sch. 2 para. 3(3)](https://www.legislation.gov.uk/ukpga/2016/15/schedule/2/paragraph/3/3); [S.I. 2021/1373](https://www.legislation.gov.uk/uksi/2021/1373), [reg. 4(b)](https://www.legislation.gov.uk/uksi/2021/1373/regulation/4/b) (with [reg. 9](https://www.legislation.gov.uk/uksi/2021/1373/regulation/9))
[^key-2296a4605a1622ffc53101c367bc8d1f]: S. 55(1)(2) substituted (1.4.2022) by [Trade Union Act 2016 (c. 15)](https://www.legislation.gov.uk/ukpga/2016/15), [s. 25(1)](https://www.legislation.gov.uk/ukpga/2016/15/section/25/1), [Sch. 2 para. 3(3)](https://www.legislation.gov.uk/ukpga/2016/15/schedule/2/paragraph/3/3); [S.I. 2021/1373](https://www.legislation.gov.uk/uksi/2021/1373), [reg. 4(b)](https://www.legislation.gov.uk/uksi/2021/1373/regulation/4/b) (with [reg. 9](https://www.legislation.gov.uk/uksi/2021/1373/regulation/9))
[^key-24a83db901e70a883903920ae5ecfff2]: Words in [s. 288(2)](https://www.legislation.gov.uk/ukpga/1992/52/section/288/2) substituted (6.4.2014) by [Enterprise and Regulatory Reform Act 2013 (c. 24)](https://www.legislation.gov.uk/ukpga/2013/24), [s. 103(3)](https://www.legislation.gov.uk/ukpga/2013/24/section/103/3), [Sch. 1 para. 1](https://www.legislation.gov.uk/ukpga/2013/24/schedule/1/paragraph/1); [S.I. 2014/253](https://www.legislation.gov.uk/uksi/2014/253), [art. 3(f)](https://www.legislation.gov.uk/uksi/2014/253/article/3/f) (with [art. 5(1)](https://www.legislation.gov.uk/uksi/2014/253/article/5/1))
[^key-25299d60cf02c36667fdf5659b44eab2]: [S. 297B](https://www.legislation.gov.uk/ukpga/1992/52/section/297B) inserted (E.W.) (13.9.2017) by [Trade Union (Wales) Act 2017 (anaw 4)](https://www.legislation.gov.uk/anaw/2017/4), [ss. 1(5)](https://www.legislation.gov.uk/anaw/2017/4/section/1/5), [3](https://www.legislation.gov.uk/anaw/2017/4/section/3); [S.I. 2017/903](https://www.legislation.gov.uk/wsi/2017/903), [art. 2](https://www.legislation.gov.uk/wsi/2017/903/article/2)
[^key-26c0eeec8b27b0b6bcb31b4b2408ea80]: Sch. A1 para. 99(5A)(5B) inserted (1.10.2011) by [The Agency Workers Regulations 2010 (S.I. 2010/93)](https://www.legislation.gov.uk/uksi/2010/93), [reg. 1(1)](https://www.legislation.gov.uk/uksi/2010/93/regulation/1/1), [Sch. 2 para. 7(3)](https://www.legislation.gov.uk/uksi/2010/93/schedule/2/paragraph/7/3)
[^key-272e2388d2507349cb4be810b85ea247]: [Sch. 2 para. 3 crossheading](https://www.legislation.gov.uk/ukpga/1992/52/schedule/2/crossheading/equal-pay-act-1970-c41) repealed (1.10.2010) by [The Equality Act 2010 (Consequential Amendments, Saving and Supplementary Provisions) Order 2010 (S.I. 2010/2279)](https://www.legislation.gov.uk/uksi/2010/2279), [art. 1(2)](https://www.legislation.gov.uk/uksi/2010/2279/article/1/2), [Sch. 2](https://www.legislation.gov.uk/uksi/2010/2279/schedule/2) (see S.I. 2010/2317, art. 2)
[^key-27d3c236f5e3ef7512eacb78c2cfe2c0]: Words in s. 243(4)(b) repealed (S.) (28.3.2011) by [Criminal Justice and Licensing (Scotland) Act 2010 (asp 13)](https://www.legislation.gov.uk/asp/2010/13), [s. 206(1)](https://www.legislation.gov.uk/asp/2010/13/section/206/1), [sch. 7 para. 19](https://www.legislation.gov.uk/asp/2010/13/schedule/7/paragraph/19); [S.S.I. 2011/178](https://www.legislation.gov.uk/ssi/2011/178), [art. 2](https://www.legislation.gov.uk/ssi/2011/178/article/2), [sch.](https://www.legislation.gov.uk/ssi/2011/178/schedule)
[^key-27ebe5e5e2d37ceaa2f48e7b247ec0ae]: Word in [s. 45D](https://www.legislation.gov.uk/ukpga/1992/52/section/45D) omitted (1.4.2022) by virtue of [Trade Union Act 2016 (c. 15)](https://www.legislation.gov.uk/ukpga/2016/15), [s. 25(1)](https://www.legislation.gov.uk/ukpga/2016/15/section/25/1), [Sch. 4 para. 3(a)](https://www.legislation.gov.uk/ukpga/2016/15/schedule/4/paragraph/3/a); [S.I. 2021/1373](https://www.legislation.gov.uk/uksi/2021/1373), [reg. 4(e)](https://www.legislation.gov.uk/uksi/2021/1373/regulation/4/e)
[^key-27ebe5e5e2d37ceaa2f48e7b247ec0ae]: Word in s. 45D omitted (1.4.2022) by virtue of [Trade Union Act 2016 (c. 15)](https://www.legislation.gov.uk/ukpga/2016/15), [s. 25(1)](https://www.legislation.gov.uk/ukpga/2016/15/section/25/1), [Sch. 4 para. 3(a)](https://www.legislation.gov.uk/ukpga/2016/15/schedule/4/paragraph/3/a); [S.I. 2021/1373](https://www.legislation.gov.uk/uksi/2021/1373), [reg. 4(e)](https://www.legislation.gov.uk/uksi/2021/1373/regulation/4/e)
[^key-287c09ae9b3bc5d8a05234f84142d235]: Words in [s. 256(1)(c)](https://www.legislation.gov.uk/ukpga/1992/52/section/256/1/c) substituted (1.4.2022) by [Trade Union Act 2016 (c. 15)](https://www.legislation.gov.uk/ukpga/2016/15), [s. 25(1)](https://www.legislation.gov.uk/ukpga/2016/15/section/25/1), [Sch. 4 para. 16](https://www.legislation.gov.uk/ukpga/2016/15/schedule/4/paragraph/16); [S.I. 2021/1373](https://www.legislation.gov.uk/uksi/2021/1373), [reg. 4(e)](https://www.legislation.gov.uk/uksi/2021/1373/regulation/4/e)
[^key-29793453c2599892d2d4df1a4089d9e9]: Words in [s. 45C(6)](https://www.legislation.gov.uk/ukpga/1992/52/section/45C/6) substituted (1.4.2022) by [Trade Union Act 2016 (c. 15)](https://www.legislation.gov.uk/ukpga/2016/15), [s. 25(1)](https://www.legislation.gov.uk/ukpga/2016/15/section/25/1), [Sch. 2 para. 1(5)](https://www.legislation.gov.uk/ukpga/2016/15/schedule/2/paragraph/1/5); [S.I. 2021/1373](https://www.legislation.gov.uk/uksi/2021/1373), [reg. 4(b)](https://www.legislation.gov.uk/uksi/2021/1373/regulation/4/b) (with [reg. 7](https://www.legislation.gov.uk/uksi/2021/1373/regulation/7))
[^key-29793453c2599892d2d4df1a4089d9e9]: Words in s. 45C(6) substituted (1.4.2022) by [Trade Union Act 2016 (c. 15)](https://www.legislation.gov.uk/ukpga/2016/15), [s. 25(1)](https://www.legislation.gov.uk/ukpga/2016/15/section/25/1), [Sch. 2 para. 1(5)](https://www.legislation.gov.uk/ukpga/2016/15/schedule/2/paragraph/1/5); [S.I. 2021/1373](https://www.legislation.gov.uk/uksi/2021/1373), [reg. 4(b)](https://www.legislation.gov.uk/uksi/2021/1373/regulation/4/b) (with [reg. 7](https://www.legislation.gov.uk/uksi/2021/1373/regulation/7))
[^key-2b7c0ea2f9e2886d3318c4df7d996ff0]: Words in [s. 251B(3)](https://www.legislation.gov.uk/ukpga/1992/52/section/251B/3) substituted (25.5.2018) by [Data Protection Act 2018 (c. 12)](https://www.legislation.gov.uk/ukpga/2018/12), [s. 212(1)](https://www.legislation.gov.uk/ukpga/2018/12/section/212/1), [Sch. 19 para. 40(2)](https://www.legislation.gov.uk/ukpga/2018/12/schedule/19/paragraph/40/2) (with [ss. 117](https://www.legislation.gov.uk/ukpga/2018/12/section/117), [209](https://www.legislation.gov.uk/ukpga/2018/12/section/209), [210](https://www.legislation.gov.uk/ukpga/2018/12/section/210)); [S.I. 2018/625](https://www.legislation.gov.uk/uksi/2018/625), [reg. 2(1)(g)](https://www.legislation.gov.uk/uksi/2018/625/regulation/2/1/g)
[^key-2cf13e6a1710d2ef1036021a180ece5f]: [S. 285(1B)](https://www.legislation.gov.uk/ukpga/1992/52/section/285/1B) inserted (6.2.2018) by [The Seafarers (Transnational Information and Consultation, Collective Redundancies and Insolvency Miscellaneous Amendments) Regulations 2018 (S.I. 2018/26)](https://www.legislation.gov.uk/uksi/2018/26), [regs. 1(1)](https://www.legislation.gov.uk/uksi/2018/26/regulation/1/1), [3(3)(b)](https://www.legislation.gov.uk/uksi/2018/26/regulation/3/3/b) (with [reg. 3(4)](https://www.legislation.gov.uk/uksi/2018/26/regulation/3/4))
[^key-2f11ba9fdee781de6e5ca15df3ada0e0]: [S. 82(2A)](https://www.legislation.gov.uk/ukpga/1992/52/section/82/2A)[(3)](https://www.legislation.gov.uk/ukpga/1992/52/section/82/3) substituted (8.12.2021 for specified purposes, 1.4.2022 in so far as not already in force) by [Trade Union Act 2016 (c. 15)](https://www.legislation.gov.uk/ukpga/2016/15), [s. 25(1)](https://www.legislation.gov.uk/ukpga/2016/15/section/25/1), [Sch. 2 para. 7(3)](https://www.legislation.gov.uk/ukpga/2016/15/schedule/2/paragraph/7/3); [S.I. 2021/1373](https://www.legislation.gov.uk/uksi/2021/1373), [regs. 3(a)](https://www.legislation.gov.uk/uksi/2021/1373/regulation/3/a), [4(b)](https://www.legislation.gov.uk/uksi/2021/1373/regulation/4/b) (with [reg. 13](https://www.legislation.gov.uk/uksi/2021/1373/regulation/13))
[^key-2f11ba9fdee781de6e5ca15df3ada0e0]: S. 82(2A)(3) substituted (8.12.2021 for specified purposes, 1.4.2022 in so far as not already in force) by [Trade Union Act 2016 (c. 15)](https://www.legislation.gov.uk/ukpga/2016/15), [s. 25(1)](https://www.legislation.gov.uk/ukpga/2016/15/section/25/1), [Sch. 2 para. 7(3)](https://www.legislation.gov.uk/ukpga/2016/15/schedule/2/paragraph/7/3); [S.I. 2021/1373](https://www.legislation.gov.uk/uksi/2021/1373), [regs. 3(a)](https://www.legislation.gov.uk/uksi/2021/1373/regulation/3/a), [4(b)](https://www.legislation.gov.uk/uksi/2021/1373/regulation/4/b) (with [reg. 13](https://www.legislation.gov.uk/uksi/2021/1373/regulation/13))
[^key-30dfded85ef0386e10867a79d6129905]: Words in [s. 108B(8)](https://www.legislation.gov.uk/ukpga/1992/52/section/108B/8) inserted (1.4.2022) by [Trade Union Act 2016 (c. 15)](https://www.legislation.gov.uk/ukpga/2016/15), [ss. 19(4)](https://www.legislation.gov.uk/ukpga/2016/15/section/19/4), [25(1)](https://www.legislation.gov.uk/ukpga/2016/15/section/25/1); [S.I. 2021/1373](https://www.legislation.gov.uk/uksi/2021/1373), [reg. 4(c)](https://www.legislation.gov.uk/uksi/2021/1373/regulation/4/c) (with [reg. 15](https://www.legislation.gov.uk/uksi/2021/1373/regulation/15))
@@ -15391,55 +15413,41 @@
[^key-31af1cdcbda813bfe7a66c26acfa1a48]: Words in [Sch. A1 para. 19E(5)](https://www.legislation.gov.uk/ukpga/1992/52/schedule/A1/paragraph/19E/5) substituted (22.4.2014) by [Crime and Courts Act 2013 (c. 22)](https://www.legislation.gov.uk/ukpga/2013/22), [s. 61(3)](https://www.legislation.gov.uk/ukpga/2013/22/section/61/3), [Sch. 9 para. 52](https://www.legislation.gov.uk/ukpga/2013/22/schedule/9/paragraph/52); [S.I. 2014/954](https://www.legislation.gov.uk/uksi/2014/954), [art. 2(c)](https://www.legislation.gov.uk/uksi/2014/954/article/2/c) (with [art. 3](https://www.legislation.gov.uk/uksi/2014/954/article/3)) (with transitional provisions and savings in [S.I. 2014/956](https://www.legislation.gov.uk/uksi/2014/956), arts. 3-11)
[^key-32d736fd2161be257be8610c2d2c6f01]: Words in [s. 80(9)](https://www.legislation.gov.uk/ukpga/1992/52/section/80/9) inserted (1.4.2022) by [Trade Union Act 2016 (c. 15)](https://www.legislation.gov.uk/ukpga/2016/15), [ss. 19(4)](https://www.legislation.gov.uk/ukpga/2016/15/section/19/4), [25(1)](https://www.legislation.gov.uk/ukpga/2016/15/section/25/1); [S.I. 2021/1373](https://www.legislation.gov.uk/uksi/2021/1373), [reg. 4(c)](https://www.legislation.gov.uk/uksi/2021/1373/regulation/4/c) (with [reg. 15](https://www.legislation.gov.uk/uksi/2021/1373/regulation/15))
[^key-32d736fd2161be257be8610c2d2c6f01]: Words in s. 80(9) inserted (1.4.2022) by [Trade Union Act 2016 (c. 15)](https://www.legislation.gov.uk/ukpga/2016/15), [ss. 19(4)](https://www.legislation.gov.uk/ukpga/2016/15/section/19/4), [25(1)](https://www.legislation.gov.uk/ukpga/2016/15/section/25/1); [S.I. 2021/1373](https://www.legislation.gov.uk/uksi/2021/1373), [reg. 4(c)](https://www.legislation.gov.uk/uksi/2021/1373/regulation/4/c) (with [reg. 15](https://www.legislation.gov.uk/uksi/2021/1373/regulation/15))
[^key-341f3683a42226802c75bff53f727902]: S. 226(2)(a)(iia) inserted (1.3.2017) by [Trade Union Act 2016 (c. 15)](https://www.legislation.gov.uk/ukpga/2016/15), [ss. 2(1)](https://www.legislation.gov.uk/ukpga/2016/15/section/2/1), [25(1)](https://www.legislation.gov.uk/ukpga/2016/15/section/25/1) (with [s. 2(2)](https://www.legislation.gov.uk/ukpga/2016/15/section/2/2)); [S.I. 2017/139](https://www.legislation.gov.uk/uksi/2017/139), [reg. 2(a)](https://www.legislation.gov.uk/uksi/2017/139/regulation/2/a)
[^key-3547457f64c0bca77f3ca5ebfac4e262]: Words in [s. 135(3)(c)](https://www.legislation.gov.uk/ukpga/1992/52/section/135/3/c) inserted (1.3.2017) by [Trade Union Act 2016 (c. 15)](https://www.legislation.gov.uk/ukpga/2016/15), [ss. 12(3)](https://www.legislation.gov.uk/ukpga/2016/15/section/12/3), [25(1)](https://www.legislation.gov.uk/ukpga/2016/15/section/25/1) (with [s. 12(4)](https://www.legislation.gov.uk/ukpga/2016/15/section/12/4)); [S.I. 2017/139](https://www.legislation.gov.uk/uksi/2017/139), [reg. 2(j)](https://www.legislation.gov.uk/uksi/2017/139/regulation/2/j)
[^key-35996c933c2a3ae70cd1887c95d2be30]: Words in Sch. A1 para. 120(6A) substituted (6.4.2014) by [Tribunals, Courts and Enforcement Act 2007 (c. 15)](https://www.legislation.gov.uk/ukpga/2007/15), [s. 148](https://www.legislation.gov.uk/ukpga/2007/15/section/148), [Sch. 13 para. 111(3)](https://www.legislation.gov.uk/ukpga/2007/15/schedule/13/paragraph/111/3) (with [s. 89](https://www.legislation.gov.uk/ukpga/2007/15/section/89)); [S.I. 2014/768](https://www.legislation.gov.uk/uksi/2014/768), [art. 2(1)(b)](https://www.legislation.gov.uk/uksi/2014/768/article/2/1/b)
[^key-35e01ce7cb5b774646e782307977ef1d]: S. 169 applied (6.4.2010) by [The Employee Study and Training (Procedural Requirements) Regulations 2010 (S.I. 2010/155)](https://www.legislation.gov.uk/uksi/2010/155), [regs. 1](https://www.legislation.gov.uk/uksi/2010/155/regulation/1), [16(8)](https://www.legislation.gov.uk/uksi/2010/155/regulation/16/8)
[^key-37e22ae8c84f067039b0e4b42f25c71f]: Word in s. 279(1)(a) inserted (1.4.2013) by [Health and Social Care Act 2012 (c. 7)](https://www.legislation.gov.uk/ukpga/2012/7), [s. 306(4)](https://www.legislation.gov.uk/ukpga/2012/7/section/306/4), [Sch. 5 para. 66(b)](https://www.legislation.gov.uk/ukpga/2012/7/schedule/5/paragraph/66/b); [S.I. 2013/160](https://www.legislation.gov.uk/uksi/2013/160), [art. 2(2)](https://www.legislation.gov.uk/uksi/2013/160/article/2/2) (with [arts. 7-9](https://www.legislation.gov.uk/uksi/2013/160/article/7))
[^key-3a87d850e4b598be00d77c5955d2e432]: Words in [s. 45D](https://www.legislation.gov.uk/ukpga/1992/52/section/45D) substituted (1.4.2022) by [Trade Union Act 2016 (c. 15)](https://www.legislation.gov.uk/ukpga/2016/15), [ss. 21(a)](https://www.legislation.gov.uk/ukpga/2016/15/section/21/a), [25(1)](https://www.legislation.gov.uk/ukpga/2016/15/section/25/1); [S.I. 2021/1373](https://www.legislation.gov.uk/uksi/2021/1373), [reg. 4(d)](https://www.legislation.gov.uk/uksi/2021/1373/regulation/4/d) (with [reg. 16](https://www.legislation.gov.uk/uksi/2021/1373/regulation/16))
[^key-3a87d850e4b598be00d77c5955d2e432]: Words in s. 45D substituted (1.4.2022) by [Trade Union Act 2016 (c. 15)](https://www.legislation.gov.uk/ukpga/2016/15), [ss. 21(a)](https://www.legislation.gov.uk/ukpga/2016/15/section/21/a), [25(1)](https://www.legislation.gov.uk/ukpga/2016/15/section/25/1); [S.I. 2021/1373](https://www.legislation.gov.uk/uksi/2021/1373), [reg. 4(d)](https://www.legislation.gov.uk/uksi/2021/1373/regulation/4/d) (with [reg. 16](https://www.legislation.gov.uk/uksi/2021/1373/regulation/16))
[^key-3bcf9c491cac951167c1945e3c99f5f3]: Words in s. 299 inserted (31.1.2014) by [The Collective Redundancies and Transfer of Undertakings (Protection of Employment) (Amendment) Regulations 2014 (S.I. 2014/16)](https://www.legislation.gov.uk/uksi/2014/16), [regs. 1(2)](https://www.legislation.gov.uk/uksi/2014/16/regulation/1/2), [3(2)(b)](https://www.legislation.gov.uk/uksi/2014/16/regulation/3/2/b)
[^key-3d163a864bf57722d65aa0f2d64d8583]: Sum in [s. 22(2)](https://www.legislation.gov.uk/ukpga/1992/52/section/22/2) table substituted (21.7.2022) by [The Liability of Trade Unions in Proceedings in Tort (Increase of Limits on Damages) Order 2022 (S.I. 2022/699)](https://www.legislation.gov.uk/uksi/2022/699), [arts. 1(2)](https://www.legislation.gov.uk/uksi/2022/699/article/1/2), [2(2)(b)](https://www.legislation.gov.uk/uksi/2022/699/article/2/2/b) (with [art. 3](https://www.legislation.gov.uk/uksi/2022/699/article/3))
[^key-3d1f14f8ba07ecc5107ae79e05a46f0c]: Word in [s. 234A(3)(a)](https://www.legislation.gov.uk/ukpga/1992/52/section/234A/3/a) omitted (20.7.2023) by virtue of [Strikes (Minimum Service Levels) Act 2023 (c. 39)](https://www.legislation.gov.uk/ukpga/2023/39), [s. 5](https://www.legislation.gov.uk/ukpga/2023/39/section/5), [Sch. para. 5(a)](https://www.legislation.gov.uk/ukpga/2023/39/schedule/paragraph/5/a)
[^key-3d1f14f8ba07ecc5107ae79e05a46f0c]: Word in s. 234A(3)(a) omitted (20.7.2023) by virtue of [Strikes (Minimum Service Levels) Act 2023 (c. 39)](https://www.legislation.gov.uk/ukpga/2023/39), [s. 5](https://www.legislation.gov.uk/ukpga/2023/39/section/5), [Sch. para. 5(a)](https://www.legislation.gov.uk/ukpga/2023/39/schedule/paragraph/5/a)
[^key-4084924f91125b286f28cae3f45bae05]: Words in Sch. A1 para. 28(6) substituted (6.4.2014) by [Tribunals, Courts and Enforcement Act 2007 (c. 15)](https://www.legislation.gov.uk/ukpga/2007/15), [s. 148](https://www.legislation.gov.uk/ukpga/2007/15/section/148), [Sch. 13 para. 110(2)](https://www.legislation.gov.uk/ukpga/2007/15/schedule/13/paragraph/110/2) (with [s. 89](https://www.legislation.gov.uk/ukpga/2007/15/section/89)); [S.I. 2014/768](https://www.legislation.gov.uk/uksi/2014/768), [art. 2(1)(b)](https://www.legislation.gov.uk/uksi/2014/768/article/2/1/b)
[^key-40ec745c77aca7890f620954e6d063a5]: [S. 139(4)](https://www.legislation.gov.uk/ukpga/1992/52/section/139/4) inserted (6.4.2014) by [Enterprise and Regulatory Reform Act 2013 (c. 24)](https://www.legislation.gov.uk/ukpga/2013/24), [s. 103(3)](https://www.legislation.gov.uk/ukpga/2013/24/section/103/3), [Sch. 2 para. 6](https://www.legislation.gov.uk/ukpga/2013/24/schedule/2/paragraph/6); [S.I. 2014/253](https://www.legislation.gov.uk/uksi/2014/253), [art. 3(g)](https://www.legislation.gov.uk/uksi/2014/253/article/3/g)
[^key-436fb4f2e63b951fd5802b6568aaf3c7]: S. 219(3)(a)(b) and word substituted for words in s. 219(3) (1.3.2017) by [Trade Union Act 2016 (c. 15)](https://www.legislation.gov.uk/ukpga/2016/15), [ss. 10(1)](https://www.legislation.gov.uk/ukpga/2016/15/section/10/1), [25(1)](https://www.legislation.gov.uk/ukpga/2016/15/section/25/1); [S.I. 2017/139](https://www.legislation.gov.uk/uksi/2017/139), [reg. 2(h)](https://www.legislation.gov.uk/uksi/2017/139/regulation/2/h) (with [reg. 3](https://www.legislation.gov.uk/uksi/2017/139/regulation/3))
[^key-43cb8d46540fbdd788100b6864e59888]: Words in [s. 299](https://www.legislation.gov.uk/ukpga/1992/52/section/299) added (E.W.) (13.9.2017) by [Trade Union (Wales) Act 2017 (anaw 4)](https://www.legislation.gov.uk/anaw/2017/4), [ss. 1(6)](https://www.legislation.gov.uk/anaw/2017/4/section/1/6), [3](https://www.legislation.gov.uk/anaw/2017/4/section/3); [S.I. 2017/903](https://www.legislation.gov.uk/wsi/2017/903), [art. 2](https://www.legislation.gov.uk/wsi/2017/903/article/2)
[^key-469fe587d0d8a3718e619dfbe629d7fa]: Sch. 2 para. 37 repealed (with effect in accordance with s. 1184(1) of the amending Act) by [Corporation Tax Act 2010 (c. 4)](https://www.legislation.gov.uk/ukpga/2010/4), [s. 1184(1)](https://www.legislation.gov.uk/ukpga/2010/4/section/1184/1), [Sch. 3 Pt. 1](https://www.legislation.gov.uk/ukpga/2010/4/schedule/3/part/1) (with [Sch. 2](https://www.legislation.gov.uk/ukpga/2010/4/schedule/2))
[^key-4804074b63ec6fac5f91095dd8e5a81c]: [S. 68A(1A)](https://www.legislation.gov.uk/ukpga/1992/52/section/68A/1A) inserted (6.4.2014) by [Enterprise and Regulatory Reform Act 2013 (c. 24)](https://www.legislation.gov.uk/ukpga/2013/24), [s. 103(3)](https://www.legislation.gov.uk/ukpga/2013/24/section/103/3), [Sch. 2 para. 3](https://www.legislation.gov.uk/ukpga/2013/24/schedule/2/paragraph/3); [S.I. 2014/253](https://www.legislation.gov.uk/uksi/2014/253), [art. 3(g)](https://www.legislation.gov.uk/uksi/2014/253/article/3/g)
[^key-4cbc87c37a0f3f71fbd4abde3ca940a9]: Words in [s. 103(6)](https://www.legislation.gov.uk/ukpga/1992/52/section/103/6) omitted (1.4.2022) by virtue of [Trade Union Act 2016 (c. 15)](https://www.legislation.gov.uk/ukpga/2016/15), [s. 25(1)](https://www.legislation.gov.uk/ukpga/2016/15/section/25/1), [Sch. 2 para. 8(8)](https://www.legislation.gov.uk/ukpga/2016/15/schedule/2/paragraph/8/8); [S.I. 2021/1373](https://www.legislation.gov.uk/uksi/2021/1373), [reg. 4(b)](https://www.legislation.gov.uk/uksi/2021/1373/regulation/4/b) (with [reg. 14](https://www.legislation.gov.uk/uksi/2021/1373/regulation/14))
[^key-4e86d3d393a3cf4078a0e1953d9d076a]: [S. 193A](https://www.legislation.gov.uk/ukpga/1992/52/section/193A) inserted (6.2.2018) by [The Seafarers (Transnational Information and Consultation, Collective Redundancies and Insolvency Miscellaneous Amendments) Regulations 2018 (S.I. 2018/26)](https://www.legislation.gov.uk/uksi/2018/26), [regs. 1(1)](https://www.legislation.gov.uk/uksi/2018/26/regulation/1/1), [3(2)](https://www.legislation.gov.uk/uksi/2018/26/regulation/3/2) (with [reg. 3(4)](https://www.legislation.gov.uk/uksi/2018/26/regulation/3/4))
[^key-4eaf91d51c394dc1c8778d28aad8944d]: Words in [s. 45D](https://www.legislation.gov.uk/ukpga/1992/52/section/45D) inserted (1.4.2022) by [Trade Union Act 2016 (c. 15)](https://www.legislation.gov.uk/ukpga/2016/15), [s. 25(1)](https://www.legislation.gov.uk/ukpga/2016/15/section/25/1), [Sch. 4 para. 3(b)](https://www.legislation.gov.uk/ukpga/2016/15/schedule/4/paragraph/3/b); [S.I. 2021/1373](https://www.legislation.gov.uk/uksi/2021/1373), [reg. 4(e)](https://www.legislation.gov.uk/uksi/2021/1373/regulation/4/e)
[^key-4f307a59ff6b389aadf705a5246b073a]: Words in [s. 25(10)](https://www.legislation.gov.uk/ukpga/1992/52/section/25/10) inserted (1.4.2022) by [Trade Union Act 2016 (c. 15)](https://www.legislation.gov.uk/ukpga/2016/15), [ss. 19(4)](https://www.legislation.gov.uk/ukpga/2016/15/section/19/4), [25(1)](https://www.legislation.gov.uk/ukpga/2016/15/section/25/1); [S.I. 2021/1373](https://www.legislation.gov.uk/uksi/2021/1373), [reg. 4(c)](https://www.legislation.gov.uk/uksi/2021/1373/regulation/4/c) (with [reg. 15](https://www.legislation.gov.uk/uksi/2021/1373/regulation/15))
[^key-512d00a6acb37d488b0f0e7c463f3bf3]: [S. 84A](https://www.legislation.gov.uk/ukpga/1992/52/section/84A) inserted (5.12.2016 for specified purposes, 1.3.2017 in so far as not already in force) by [Trade Union Act 2016 (c. 15)](https://www.legislation.gov.uk/ukpga/2016/15), [ss. 11(2)](https://www.legislation.gov.uk/ukpga/2016/15/section/11/2), [25(1)](https://www.legislation.gov.uk/ukpga/2016/15/section/25/1) (with [s. 11(5)](https://www.legislation.gov.uk/ukpga/2016/15/section/11/5)); [S.I. 2016/1170](https://www.legislation.gov.uk/uksi/2016/1170), [reg. 2(b)](https://www.legislation.gov.uk/uksi/2016/1170/regulation/2/b); [S.I. 2017/139](https://www.legislation.gov.uk/uksi/2017/139), [reg. 2(i)](https://www.legislation.gov.uk/uksi/2017/139/regulation/2/i)
[^key-4cbc87c37a0f3f71fbd4abde3ca940a9]: Words in s. 103(6) omitted (1.4.2022) by virtue of [Trade Union Act 2016 (c. 15)](https://www.legislation.gov.uk/ukpga/2016/15), [s. 25(1)](https://www.legislation.gov.uk/ukpga/2016/15/section/25/1), [Sch. 2 para. 8(8)](https://www.legislation.gov.uk/ukpga/2016/15/schedule/2/paragraph/8/8); [S.I. 2021/1373](https://www.legislation.gov.uk/uksi/2021/1373), [reg. 4(b)](https://www.legislation.gov.uk/uksi/2021/1373/regulation/4/b) (with [reg. 14](https://www.legislation.gov.uk/uksi/2021/1373/regulation/14))
[^key-4e86d3d393a3cf4078a0e1953d9d076a]: S. 193A inserted (6.2.2018) by [The Seafarers (Transnational Information and Consultation, Collective Redundancies and Insolvency Miscellaneous Amendments) Regulations 2018 (S.I. 2018/26)](https://www.legislation.gov.uk/uksi/2018/26), [regs. 1(1)](https://www.legislation.gov.uk/uksi/2018/26/regulation/1/1), [3(2)](https://www.legislation.gov.uk/uksi/2018/26/regulation/3/2) (with [reg. 3(4)](https://www.legislation.gov.uk/uksi/2018/26/regulation/3/4))
[^key-4f307a59ff6b389aadf705a5246b073a]: Words in s. 25(10) inserted (1.4.2022) by [Trade Union Act 2016 (c. 15)](https://www.legislation.gov.uk/ukpga/2016/15), [ss. 19(4)](https://www.legislation.gov.uk/ukpga/2016/15/section/19/4), [25(1)](https://www.legislation.gov.uk/ukpga/2016/15/section/25/1); [S.I. 2021/1373](https://www.legislation.gov.uk/uksi/2021/1373), [reg. 4(c)](https://www.legislation.gov.uk/uksi/2021/1373/regulation/4/c) (with [reg. 15](https://www.legislation.gov.uk/uksi/2021/1373/regulation/15))
[^key-51710062d64e3f45a9d07f1981cb3408]: Words in s. 45D inserted (1.6.2016) by [Transparency of Lobbying, Non-Party Campaigning and Trade Union Administration Act 2014 (c. 4)](https://www.legislation.gov.uk/ukpga/2014/4), [ss. 43(6)](https://www.legislation.gov.uk/ukpga/2014/4/section/43/6), [45(1)(c)](https://www.legislation.gov.uk/ukpga/2014/4/section/45/1/c); [S.I. 2015/717](https://www.legislation.gov.uk/uksi/2015/717), [art. 4(b)](https://www.legislation.gov.uk/uksi/2015/717/article/4/b)
[^key-52f76e486fd7570b898501992ccc190c]: [S. 79(1)](https://www.legislation.gov.uk/ukpga/1992/52/section/79/1) substituted (1.4.2022) by [Trade Union Act 2016 (c. 15)](https://www.legislation.gov.uk/ukpga/2016/15), [s. 25(1)](https://www.legislation.gov.uk/ukpga/2016/15/section/25/1), [Sch. 2 para. 5(2)](https://www.legislation.gov.uk/ukpga/2016/15/schedule/2/paragraph/5/2); [S.I. 2021/1373](https://www.legislation.gov.uk/uksi/2021/1373), [reg. 4(b)](https://www.legislation.gov.uk/uksi/2021/1373/regulation/4/b) (with [reg. 11](https://www.legislation.gov.uk/uksi/2021/1373/regulation/11))
[^key-532a37f8c6084c3f2ae2f88fbfc9a38d]: [Sch. A3](https://www.legislation.gov.uk/ukpga/1992/52/schedule/A3) inserted (8.12.2021 for specified purposes, 1.4.2022 in so far as not already in force) by [Trade Union Act 2016 (c. 15)](https://www.legislation.gov.uk/ukpga/2016/15), [s. 25(1)](https://www.legislation.gov.uk/ukpga/2016/15/section/25/1), [Sch. 1](https://www.legislation.gov.uk/ukpga/2016/15/schedule/1); [S.I. 2021/1373](https://www.legislation.gov.uk/uksi/2021/1373), [regs. 3(a)](https://www.legislation.gov.uk/uksi/2021/1373/regulation/3/a), [4(b)](https://www.legislation.gov.uk/uksi/2021/1373/regulation/4/b) (with [regs. 5](https://www.legislation.gov.uk/uksi/2021/1373/regulation/5), [6](https://www.legislation.gov.uk/uksi/2021/1373/regulation/6))
[^key-53edc2ce1f589adfac360f977a1d242d]: [Sch. A4](https://www.legislation.gov.uk/ukpga/1992/52/schedule/A4) inserted (8.12.2021 for specified purposes, 1.4.2022 in so far as not already in force) by [Trade Union Act 2016 (c. 15)](https://www.legislation.gov.uk/ukpga/2016/15), [s. 25(1)](https://www.legislation.gov.uk/ukpga/2016/15/section/25/1), [Sch. 3](https://www.legislation.gov.uk/ukpga/2016/15/schedule/3) (with [s. 19(2)](https://www.legislation.gov.uk/ukpga/2016/15/section/19/2)); [S.I. 2021/1373](https://www.legislation.gov.uk/uksi/2021/1373), [regs. 3(b)](https://www.legislation.gov.uk/uksi/2021/1373/regulation/3/b), [4(c)](https://www.legislation.gov.uk/uksi/2021/1373/regulation/4/c)
[^key-52f76e486fd7570b898501992ccc190c]: S. 79(1) substituted (1.4.2022) by [Trade Union Act 2016 (c. 15)](https://www.legislation.gov.uk/ukpga/2016/15), [s. 25(1)](https://www.legislation.gov.uk/ukpga/2016/15/section/25/1), [Sch. 2 para. 5(2)](https://www.legislation.gov.uk/ukpga/2016/15/schedule/2/paragraph/5/2); [S.I. 2021/1373](https://www.legislation.gov.uk/uksi/2021/1373), [reg. 4(b)](https://www.legislation.gov.uk/uksi/2021/1373/regulation/4/b) (with [reg. 11](https://www.legislation.gov.uk/uksi/2021/1373/regulation/11))
[^key-56410d1933c82e2d689a72d11f9badd4]: S. 145C renumbered as s. 145C(1) (6.4.2014) by [Enterprise and Regulatory Reform Act 2013 (c. 24)](https://www.legislation.gov.uk/ukpga/2013/24), [s. 103(3)](https://www.legislation.gov.uk/ukpga/2013/24/section/103/3), [Sch. 2 para. 7(2)](https://www.legislation.gov.uk/ukpga/2013/24/schedule/2/paragraph/7/2); [S.I. 2014/253](https://www.legislation.gov.uk/uksi/2014/253), [art. 3(g)](https://www.legislation.gov.uk/uksi/2014/253/article/3/g)
@@ -15447,12 +15455,10 @@
[^key-57db41470a185753f661092677211ead]: Words in s. 263(6) substituted (S.) (5.6.2010) by [The Arbitration (Scotland) Act 2010 (Consequential Amendments) Order 2010 (S.S.I. 2010/220)](https://www.legislation.gov.uk/ssi/2010/220), [art. 1](https://www.legislation.gov.uk/ssi/2010/220/article/1), [sch. para. 6(3)](https://www.legislation.gov.uk/ssi/2010/220/schedule/paragraph/6/3)
[^key-596f951c29d2e596928276aa8e5733a1]: Words in [s. 234(3)](https://www.legislation.gov.uk/ukpga/1992/52/section/234/3) omitted (1.3.2017) by virtue of [Trade Union Act 2016 (c. 15)](https://www.legislation.gov.uk/ukpga/2016/15), [s. 25(1)](https://www.legislation.gov.uk/ukpga/2016/15/section/25/1), [Sch. 4 para. 14(a)](https://www.legislation.gov.uk/ukpga/2016/15/schedule/4/paragraph/14/a) (with [s. 9(2)](https://www.legislation.gov.uk/ukpga/2016/15/section/9/2)); [S.I. 2017/139](https://www.legislation.gov.uk/uksi/2017/139), [reg. 2(n)(i)](https://www.legislation.gov.uk/uksi/2017/139/regulation/2/n/i)
[^key-596f951c29d2e596928276aa8e5733a1]: Words in s. 234(3) omitted (1.3.2017) by virtue of [Trade Union Act 2016 (c. 15)](https://www.legislation.gov.uk/ukpga/2016/15), [s. 25(1)](https://www.legislation.gov.uk/ukpga/2016/15/section/25/1), [Sch. 4 para. 14(a)](https://www.legislation.gov.uk/ukpga/2016/15/schedule/4/paragraph/14/a) (with [s. 9(2)](https://www.legislation.gov.uk/ukpga/2016/15/section/9/2)); [S.I. 2017/139](https://www.legislation.gov.uk/uksi/2017/139), [reg. 2(n)(i)](https://www.legislation.gov.uk/uksi/2017/139/regulation/2/n/i)
[^key-5aee178667e759ef4789e985aa87c210]: Sch. A2: entries repealed (1.10.2010) by [Equality Act 2010 (c. 15)](https://www.legislation.gov.uk/ukpga/2010/15), [s. 216(2)](https://www.legislation.gov.uk/ukpga/2010/15/section/216/2), [Sch. 26 para. 24(2)](https://www.legislation.gov.uk/ukpga/2010/15/schedule/26/paragraph/24/2), [Sch. 27 Pt. 1](https://www.legislation.gov.uk/ukpga/2010/15/schedule/27/part/1) (as amended by [S.I. 2010/2279](https://www.legislation.gov.uk/uksi/2010/2279), [art. 1(2)](https://www.legislation.gov.uk/uksi/2010/2279/article/1/2), [Sch. 1 para. 5](https://www.legislation.gov.uk/uksi/2010/2279/schedule/1/paragraph/5), [Sch. 2](https://www.legislation.gov.uk/uksi/2010/2279/schedule/2)); [S.I. 2010/2317](https://www.legislation.gov.uk/uksi/2010/2317), [art. 2(1)(15)(e)(f)](https://www.legislation.gov.uk/uksi/2010/2317/article/2/15/e))
[^key-5b55c00bb30a28c4f26ae1598131fedd]: [S. 116B(3A)](https://www.legislation.gov.uk/ukpga/1992/52/section/116B/3A) inserted (E.W.) (13.9.2017) by [Trade Union (Wales) Act 2017 (anaw 4)](https://www.legislation.gov.uk/anaw/2017/4), [ss. 1(2)](https://www.legislation.gov.uk/anaw/2017/4/section/1/2), [3](https://www.legislation.gov.uk/anaw/2017/4/section/3); [S.I. 2017/903](https://www.legislation.gov.uk/wsi/2017/903), [art. 2](https://www.legislation.gov.uk/wsi/2017/903/article/2)
[^key-5cfb6b71d6b8f087ea5f6f41d1941f42]: Words in s. 279(2)(a) substituted (1.4.2013) by [Health and Social Care Act 2012 (c. 7)](https://www.legislation.gov.uk/ukpga/2012/7), [s. 306(4)](https://www.legislation.gov.uk/ukpga/2012/7/section/306/4), [Sch. 5 para. 66(d)](https://www.legislation.gov.uk/ukpga/2012/7/schedule/5/paragraph/66/d); [S.I. 2013/160](https://www.legislation.gov.uk/uksi/2013/160), [art. 2(2)](https://www.legislation.gov.uk/uksi/2013/160/article/2/2) (with [arts. 7-9](https://www.legislation.gov.uk/uksi/2013/160/article/7))
[^key-5ecbc7c76fbebc9cafca578792c01812]: S. 168(3)(4) applied (6.4.2010) by [The Employee Study and Training (Procedural Requirements) Regulations 2010 (S.I. 2010/155)](https://www.legislation.gov.uk/uksi/2010/155), [regs. 1](https://www.legislation.gov.uk/uksi/2010/155/regulation/1), [16(8)](https://www.legislation.gov.uk/uksi/2010/155/regulation/16/8)
@@ -15467,54 +15473,44 @@
[^key-614830349e763ddcaadd73c192e67c41]: Words in s. 256A(4)(c) inserted (S.) (28.11.2016) by [The Courts Reform (Scotland) Act 2014 (Relevant Officer and Consequential Provisions) Order 2016 (S.S.I. 2016/387)](https://www.legislation.gov.uk/ssi/2016/387), [art. 1](https://www.legislation.gov.uk/ssi/2016/387/article/1), [sch. 2 para. 2](https://www.legislation.gov.uk/ssi/2016/387/schedule/2/paragraph/2)
[^key-61ecc61e327cf4b965783f5fdefcd340]: [S. 32ZB](https://www.legislation.gov.uk/ukpga/1992/52/section/32ZB) inserted (1.3.2017) by [Trade Union Act 2016 (c. 15)](https://www.legislation.gov.uk/ukpga/2016/15), [ss. 12(1)](https://www.legislation.gov.uk/ukpga/2016/15/section/12/1), [25(1)](https://www.legislation.gov.uk/ukpga/2016/15/section/25/1) (with [s. 12(4)](https://www.legislation.gov.uk/ukpga/2016/15/section/12/4)); [S.I. 2017/139](https://www.legislation.gov.uk/uksi/2017/139), [reg. 2(j)](https://www.legislation.gov.uk/uksi/2017/139/regulation/2/j)
[^key-63cea9f3714e4c0ba84f39905449a18a]: Words in [s. 285(2)](https://www.legislation.gov.uk/ukpga/1992/52/section/285/2) substituted (6.2.2018) by [The Seafarers (Transnational Information and Consultation, Collective Redundancies and Insolvency Miscellaneous Amendments) Regulations 2018 (S.I. 2018/26)](https://www.legislation.gov.uk/uksi/2018/26), [regs. 1(1)](https://www.legislation.gov.uk/uksi/2018/26/regulation/1/1), [3(3)(c)](https://www.legislation.gov.uk/uksi/2018/26/regulation/3/3/c) (with [reg. 3(4)](https://www.legislation.gov.uk/uksi/2018/26/regulation/3/4))
[^key-64f28cc91aa3e4b408a348653495f62d]: Words in [s. 82(4B)](https://www.legislation.gov.uk/ukpga/1992/52/section/82/4B) inserted (1.4.2022) by [Trade Union Act 2016 (c. 15)](https://www.legislation.gov.uk/ukpga/2016/15), [ss. 19(4)](https://www.legislation.gov.uk/ukpga/2016/15/section/19/4), [25(1)](https://www.legislation.gov.uk/ukpga/2016/15/section/25/1); [S.I. 2021/1373](https://www.legislation.gov.uk/uksi/2021/1373), [reg. 4(c)](https://www.legislation.gov.uk/uksi/2021/1373/regulation/4/c) (with [reg. 15](https://www.legislation.gov.uk/uksi/2021/1373/regulation/15))
[^key-664c7517db4e8f5d5a9a5bbbe694d583]: Word in [s. 238A(2)(a)](https://www.legislation.gov.uk/ukpga/1992/52/section/238A/2/a) omitted (20.7.2023) by virtue of [Strikes (Minimum Service Levels) Act 2023 (c. 39)](https://www.legislation.gov.uk/ukpga/2023/39), [s. 5](https://www.legislation.gov.uk/ukpga/2023/39/section/5), [Sch. para. 8(2)(a)](https://www.legislation.gov.uk/ukpga/2023/39/schedule/paragraph/8/2/a)
[^key-63cea9f3714e4c0ba84f39905449a18a]: Words in s. 285(2) substituted (6.2.2018) by [The Seafarers (Transnational Information and Consultation, Collective Redundancies and Insolvency Miscellaneous Amendments) Regulations 2018 (S.I. 2018/26)](https://www.legislation.gov.uk/uksi/2018/26), [regs. 1(1)](https://www.legislation.gov.uk/uksi/2018/26/regulation/1/1), [3(3)(c)](https://www.legislation.gov.uk/uksi/2018/26/regulation/3/3/c) (with [reg. 3(4)](https://www.legislation.gov.uk/uksi/2018/26/regulation/3/4))
[^key-64f28cc91aa3e4b408a348653495f62d]: Words in s. 82(4B) inserted (1.4.2022) by [Trade Union Act 2016 (c. 15)](https://www.legislation.gov.uk/ukpga/2016/15), [ss. 19(4)](https://www.legislation.gov.uk/ukpga/2016/15/section/19/4), [25(1)](https://www.legislation.gov.uk/ukpga/2016/15/section/25/1); [S.I. 2021/1373](https://www.legislation.gov.uk/uksi/2021/1373), [reg. 4(c)](https://www.legislation.gov.uk/uksi/2021/1373/regulation/4/c) (with [reg. 15](https://www.legislation.gov.uk/uksi/2021/1373/regulation/15))
[^key-664c7517db4e8f5d5a9a5bbbe694d583]: Word in s. 238A(2)(a) omitted (20.7.2023) by virtue of [Strikes (Minimum Service Levels) Act 2023 (c. 39)](https://www.legislation.gov.uk/ukpga/2023/39), [s. 5](https://www.legislation.gov.uk/ukpga/2023/39/section/5), [Sch. para. 8(2)(a)](https://www.legislation.gov.uk/ukpga/2023/39/schedule/paragraph/8/2/a)
[^key-67e08ce6f262120bcbea73cef6f25570]: [S. 280](https://www.legislation.gov.uk/ukpga/1992/52/section/280) modified (7.4.2010) by [The UK Border Agency (Complaints and Misconduct) Regulations 2010 (S.I. 2010/782)](https://www.legislation.gov.uk/uksi/2010/782), [regs. 1(1)](https://www.legislation.gov.uk/uksi/2010/782/regulation/1/1), [42(4)(a)](https://www.legislation.gov.uk/uksi/2010/782/regulation/42/4/a) (with [reg. 72(3)](https://www.legislation.gov.uk/uksi/2010/782/regulation/72/3))
[^key-683d0c9c80121441d25238acf372a092]: Words in [s. 55 heading](https://www.legislation.gov.uk/ukpga/1992/52/part/I/chapter/IV/crossheading/remedy-for-failure-to-comply-with-requirements) substituted (1.4.2022) by [Trade Union Act 2016 (c. 15)](https://www.legislation.gov.uk/ukpga/2016/15), [s. 25(1)](https://www.legislation.gov.uk/ukpga/2016/15/section/25/1), [Sch. 2 para. 3(2)](https://www.legislation.gov.uk/ukpga/2016/15/schedule/2/paragraph/3/2); [S.I. 2021/1373](https://www.legislation.gov.uk/uksi/2021/1373), [reg. 4(b)](https://www.legislation.gov.uk/uksi/2021/1373/regulation/4/b) (with [reg. 9](https://www.legislation.gov.uk/uksi/2021/1373/regulation/9))
[^key-6acac8c7846e476a35c641ee8721b95f]: Words in s. 238(2A)(a) substituted (6.4.2010 for specified purposes) by virtue of [Apprenticeships, Skills, Children and Learning Act 2009 (c. 22)](https://www.legislation.gov.uk/ukpga/2009/22), s. 269(4), Sch. 1 para. 15(b); [S.I. 2010/303](https://www.legislation.gov.uk/uksi/2010/303), art. 4, Sch. 3
[^key-6b11be7b42a14eddc97821f2681a0051]: Words in [s. 25(6A)](https://www.legislation.gov.uk/ukpga/1992/52/section/25/6A) substituted (1.4.2022) by [Trade Union Act 2016 (c. 15)](https://www.legislation.gov.uk/ukpga/2016/15), [s. 25(1)](https://www.legislation.gov.uk/ukpga/2016/15/section/25/1), [Sch. 4 para. 2](https://www.legislation.gov.uk/ukpga/2016/15/schedule/4/paragraph/2); [S.I. 2021/1373](https://www.legislation.gov.uk/uksi/2021/1373), [reg. 4(e)](https://www.legislation.gov.uk/uksi/2021/1373/regulation/4/e)
[^key-6dcfd48213680f206075fd5c65a1e4c9]: Words in [Sch. A1 para. 28(6)](https://www.legislation.gov.uk/ukpga/1992/52/schedule/A1/paragraph/28/6) substituted (22.4.2014) by [Crime and Courts Act 2013 (c. 22)](https://www.legislation.gov.uk/ukpga/2013/22), [s. 61(3)](https://www.legislation.gov.uk/ukpga/2013/22/section/61/3), [Sch. 9 para. 52](https://www.legislation.gov.uk/ukpga/2013/22/schedule/9/paragraph/52); [S.I. 2014/954](https://www.legislation.gov.uk/uksi/2014/954), [art. 2(c)](https://www.legislation.gov.uk/uksi/2014/954/article/2/c) (with [art. 3](https://www.legislation.gov.uk/uksi/2014/954/article/3)) (with transitional provisions and savings in [S.I. 2014/956](https://www.legislation.gov.uk/uksi/2014/956), arts. 3-11)
[^key-6e2fc8fc7dae6fdd7f9d7b1a07caf378]: Words in [s. 108C](https://www.legislation.gov.uk/ukpga/1992/52/section/108C) substituted (1.4.2022) by [Trade Union Act 2016 (c. 15)](https://www.legislation.gov.uk/ukpga/2016/15), [ss. 21(e)](https://www.legislation.gov.uk/ukpga/2016/15/section/21/e), [25(1)](https://www.legislation.gov.uk/ukpga/2016/15/section/25/1); [S.I. 2021/1373](https://www.legislation.gov.uk/uksi/2021/1373), [reg. 4(d)](https://www.legislation.gov.uk/uksi/2021/1373/regulation/4/d) (with [reg. 16](https://www.legislation.gov.uk/uksi/2021/1373/regulation/16))
[^key-6e2fc8fc7dae6fdd7f9d7b1a07caf378]: Words in s. 108C substituted (1.4.2022) by [Trade Union Act 2016 (c. 15)](https://www.legislation.gov.uk/ukpga/2016/15), [ss. 21(e)](https://www.legislation.gov.uk/ukpga/2016/15/section/21/e), [25(1)](https://www.legislation.gov.uk/ukpga/2016/15/section/25/1); [S.I. 2021/1373](https://www.legislation.gov.uk/uksi/2021/1373), [reg. 4(d)](https://www.legislation.gov.uk/uksi/2021/1373/regulation/4/d) (with [reg. 16](https://www.legislation.gov.uk/uksi/2021/1373/regulation/16))
[^key-6fea06d89d432b73bf3cc22462cd0830]: Words in s. 237(1A)(a) substituted (6.4.2010 for specified purposes) by virtue of [Apprenticeships, Skills, Children and Learning Act 2009 (c. 22)](https://www.legislation.gov.uk/ukpga/2009/22), [s. 269(4)](https://www.legislation.gov.uk/ukpga/2009/22/section/269/4), [Sch. 1 para. 14(b)](https://www.legislation.gov.uk/ukpga/2009/22/schedule/1/paragraph/14/b); [S.I. 2010/303](https://www.legislation.gov.uk/uksi/2010/303), [art. 4](https://www.legislation.gov.uk/uksi/2010/303/article/4), [Sch. 3](https://www.legislation.gov.uk/uksi/2010/303/schedule/3)
[^key-707c40671a42223bd75248fae577c3d3]: S. 226(2A)-(2F) inserted (5.12.2016 for specified purposes, 1.3.2017 in so far as not already in force) by [Trade Union Act 2016 (c. 15)](https://www.legislation.gov.uk/ukpga/2016/15), [ss. 3(2)](https://www.legislation.gov.uk/ukpga/2016/15/section/3/2), [25(1)](https://www.legislation.gov.uk/ukpga/2016/15/section/25/1) (with [s. 3(3)](https://www.legislation.gov.uk/ukpga/2016/15/section/3/3)); [S.I. 2016/1170](https://www.legislation.gov.uk/uksi/2016/1170), [reg. 2(a)](https://www.legislation.gov.uk/uksi/2016/1170/regulation/2/a); [S.I. 2017/139](https://www.legislation.gov.uk/uksi/2017/139), [reg. 2(b)](https://www.legislation.gov.uk/uksi/2017/139/regulation/2/b)
[^key-736c570d9d29ead217dc72f909301367]: Sum in [s. 22(2)](https://www.legislation.gov.uk/ukpga/1992/52/section/22/2) table substituted (21.7.2022) by [The Liability of Trade Unions in Proceedings in Tort (Increase of Limits on Damages) Order 2022 (S.I. 2022/699)](https://www.legislation.gov.uk/uksi/2022/699), [arts. 1(2)](https://www.legislation.gov.uk/uksi/2022/699/article/1/2), [2(2)(c)](https://www.legislation.gov.uk/uksi/2022/699/article/2/2/c) (with [art. 3](https://www.legislation.gov.uk/uksi/2022/699/article/3))
[^key-7536c2bbe5d428d6fd4db57405327742]: Words in Sch. A1 para. 19E(5) substituted (6.4.2014) by [Tribunals, Courts and Enforcement Act 2007 (c. 15)](https://www.legislation.gov.uk/ukpga/2007/15), [s. 148](https://www.legislation.gov.uk/ukpga/2007/15/section/148), [Sch. 13 para. 109(2)](https://www.legislation.gov.uk/ukpga/2007/15/schedule/13/paragraph/109/2) (with [s. 89](https://www.legislation.gov.uk/ukpga/2007/15/section/89)); [S.I. 2014/768](https://www.legislation.gov.uk/uksi/2014/768), [art. 2(1)(b)](https://www.legislation.gov.uk/uksi/2014/768/article/2/1/b)
[^key-769e11cd415444674127246462de30eb]: [S. 80(1)](https://www.legislation.gov.uk/ukpga/1992/52/section/80/1)[(2)](https://www.legislation.gov.uk/ukpga/1992/52/section/80/2) substituted (1.4.2022) by [Trade Union Act 2016 (c. 15)](https://www.legislation.gov.uk/ukpga/2016/15), [s. 25(1)](https://www.legislation.gov.uk/ukpga/2016/15/section/25/1), [Sch. 2 para. 6(3)](https://www.legislation.gov.uk/ukpga/2016/15/schedule/2/paragraph/6/3); [S.I. 2021/1373](https://www.legislation.gov.uk/uksi/2021/1373), [reg. 4(b)](https://www.legislation.gov.uk/uksi/2021/1373/regulation/4/b) (with [reg. 12](https://www.legislation.gov.uk/uksi/2021/1373/regulation/12))
[^key-769e11cd415444674127246462de30eb]: S. 80(1)(2) substituted (1.4.2022) by [Trade Union Act 2016 (c. 15)](https://www.legislation.gov.uk/ukpga/2016/15), [s. 25(1)](https://www.legislation.gov.uk/ukpga/2016/15/section/25/1), [Sch. 2 para. 6(3)](https://www.legislation.gov.uk/ukpga/2016/15/schedule/2/paragraph/6/3); [S.I. 2021/1373](https://www.legislation.gov.uk/uksi/2021/1373), [reg. 4(b)](https://www.legislation.gov.uk/uksi/2021/1373/regulation/4/b) (with [reg. 12](https://www.legislation.gov.uk/uksi/2021/1373/regulation/12))
[^key-7923e4bf1900925195d009939cfb0ff0]: Words in [s. 212(5)](https://www.legislation.gov.uk/ukpga/1992/52/section/212/5) inserted (S.) (5.6.2010) by [The Arbitration (Scotland) Act 2010 (Consequential Amendments) Order 2010 (S.S.I. 2010/220)](https://www.legislation.gov.uk/ssi/2010/220), [art. 1](https://www.legislation.gov.uk/ssi/2010/220/article/1), [sch. para. 6(2)(a)](https://www.legislation.gov.uk/ssi/2010/220/schedule/paragraph/6/2/a)
[^key-7a88f7891346499d25233d7d737a21ee]: Words in [s. 72A(9)](https://www.legislation.gov.uk/ukpga/1992/52/section/72A/9) inserted (1.4.2022) by [Trade Union Act 2016 (c. 15)](https://www.legislation.gov.uk/ukpga/2016/15), [ss. 19(4)](https://www.legislation.gov.uk/ukpga/2016/15/section/19/4), [25(1)](https://www.legislation.gov.uk/ukpga/2016/15/section/25/1); [S.I. 2021/1373](https://www.legislation.gov.uk/uksi/2021/1373), [reg. 4(c)](https://www.legislation.gov.uk/uksi/2021/1373/regulation/4/c) (with [reg. 15](https://www.legislation.gov.uk/uksi/2021/1373/regulation/15))
[^key-7a8bacd40add895e7f6b71b8ef57b4f8]: [S. 45C(1A)](https://www.legislation.gov.uk/ukpga/1992/52/section/45C/1A) inserted (1.4.2022) by [Trade Union Act 2016 (c. 15)](https://www.legislation.gov.uk/ukpga/2016/15), [s. 25(1)](https://www.legislation.gov.uk/ukpga/2016/15/section/25/1), [Sch. 2 para. 1(3)](https://www.legislation.gov.uk/ukpga/2016/15/schedule/2/paragraph/1/3); [S.I. 2021/1373](https://www.legislation.gov.uk/uksi/2021/1373), [reg. 4(b)](https://www.legislation.gov.uk/uksi/2021/1373/regulation/4/b) (with [reg. 7](https://www.legislation.gov.uk/uksi/2021/1373/regulation/7))
[^key-7a88f7891346499d25233d7d737a21ee]: Words in s. 72A(9) inserted (1.4.2022) by [Trade Union Act 2016 (c. 15)](https://www.legislation.gov.uk/ukpga/2016/15), [ss. 19(4)](https://www.legislation.gov.uk/ukpga/2016/15/section/19/4), [25(1)](https://www.legislation.gov.uk/ukpga/2016/15/section/25/1); [S.I. 2021/1373](https://www.legislation.gov.uk/uksi/2021/1373), [reg. 4(c)](https://www.legislation.gov.uk/uksi/2021/1373/regulation/4/c) (with [reg. 15](https://www.legislation.gov.uk/uksi/2021/1373/regulation/15))
[^key-7a8bacd40add895e7f6b71b8ef57b4f8]: S. 45C(1A) inserted (1.4.2022) by [Trade Union Act 2016 (c. 15)](https://www.legislation.gov.uk/ukpga/2016/15), [s. 25(1)](https://www.legislation.gov.uk/ukpga/2016/15/section/25/1), [Sch. 2 para. 1(3)](https://www.legislation.gov.uk/ukpga/2016/15/schedule/2/paragraph/1/3); [S.I. 2021/1373](https://www.legislation.gov.uk/uksi/2021/1373), [reg. 4(b)](https://www.legislation.gov.uk/uksi/2021/1373/regulation/4/b) (with [reg. 7](https://www.legislation.gov.uk/uksi/2021/1373/regulation/7))
[^key-7ad65246d75cfd5b0a1a3350cd40804a]: Words in [s. 279(1)(a)](https://www.legislation.gov.uk/ukpga/1992/52/section/279/1/a) substituted (1.7.2022) by [Health and Care Act 2022 (c. 31)](https://www.legislation.gov.uk/ukpga/2022/31), [s. 186(6)](https://www.legislation.gov.uk/ukpga/2022/31/section/186/6), [Sch. 1 para. 4(a)](https://www.legislation.gov.uk/ukpga/2022/31/schedule/1/paragraph/4/a); [S.I. 2022/734](https://www.legislation.gov.uk/uksi/2022/734), [reg. 2(a)](https://www.legislation.gov.uk/uksi/2022/734/regulation/2/a), [Sch.](https://www.legislation.gov.uk/uksi/2022/734/schedule) (with [regs. 13](https://www.legislation.gov.uk/uksi/2022/734/regulation/13), [29](https://www.legislation.gov.uk/uksi/2022/734/regulation/29), [30](https://www.legislation.gov.uk/uksi/2022/734/regulation/30))
[^key-7b0293e5e7749df61887dc61dc89384d]: Ss. 198A, 198B inserted (31.1.2014) by [The Collective Redundancies and Transfer of Undertakings (Protection of Employment) (Amendment) Regulations 2014 (S.I. 2014/16)](https://www.legislation.gov.uk/uksi/2014/16), [regs. 1(2)](https://www.legislation.gov.uk/uksi/2014/16/regulation/1/2), [3(1)](https://www.legislation.gov.uk/uksi/2014/16/regulation/3/1)
[^key-7bc8a49485bea055c0086b0eb42ca461]: Words in [s. 55(5C)](https://www.legislation.gov.uk/ukpga/1992/52/section/55/5C) substituted (1.4.2022) by [Trade Union Act 2016 (c. 15)](https://www.legislation.gov.uk/ukpga/2016/15), [s. 25(1)](https://www.legislation.gov.uk/ukpga/2016/15/section/25/1), [Sch. 2 para. 3(4)](https://www.legislation.gov.uk/ukpga/2016/15/schedule/2/paragraph/3/4); [S.I. 2021/1373](https://www.legislation.gov.uk/uksi/2021/1373), [reg. 4(b)](https://www.legislation.gov.uk/uksi/2021/1373/regulation/4/b) (with [reg. 9](https://www.legislation.gov.uk/uksi/2021/1373/regulation/9))
[^key-7bc8a49485bea055c0086b0eb42ca461]: Words in s. 55(5C) substituted (1.4.2022) by [Trade Union Act 2016 (c. 15)](https://www.legislation.gov.uk/ukpga/2016/15), [s. 25(1)](https://www.legislation.gov.uk/ukpga/2016/15/section/25/1), [Sch. 2 para. 3(4)](https://www.legislation.gov.uk/ukpga/2016/15/schedule/2/paragraph/3/4); [S.I. 2021/1373](https://www.legislation.gov.uk/uksi/2021/1373), [reg. 4(b)](https://www.legislation.gov.uk/uksi/2021/1373/regulation/4/b) (with [reg. 9](https://www.legislation.gov.uk/uksi/2021/1373/regulation/9))
[^key-7c4b6a0c637df2c1ec3353884bcc52cb]: Words in s. 237(1A)(a) substituted (6.4.2010 for specified purposes) by virtue of [Apprenticeships, Skills, Children and Learning Act 2009 (c. 22)](https://www.legislation.gov.uk/ukpga/2009/22), [s. 269(4)](https://www.legislation.gov.uk/ukpga/2009/22/section/269/4), [Sch. 1 para. 14(a)](https://www.legislation.gov.uk/ukpga/2009/22/schedule/1/paragraph/14/a); [S.I. 2010/303](https://www.legislation.gov.uk/uksi/2010/303), [art. 4](https://www.legislation.gov.uk/uksi/2010/303/article/4), [Sch. 3](https://www.legislation.gov.uk/uksi/2010/303/schedule/3)
[^key-7c588df38f715dac28a1c67d18f86cd5]: Word in s. 188(4)(e) omitted (1.10.2011) by virtue of [The Agency Workers Regulations 2010 (S.I. 2010/93)](https://www.legislation.gov.uk/uksi/2010/93), [reg. 1(1)](https://www.legislation.gov.uk/uksi/2010/93/regulation/1/1), [Sch. 2 para. 4(2)](https://www.legislation.gov.uk/uksi/2010/93/schedule/2/paragraph/4/2)
[^key-7c684a7ca54712945f49667f9e2c10ae]: Words in s. 86(1) substituted (1.3.2017) by [Trade Union Act 2016 (c. 15)](https://www.legislation.gov.uk/ukpga/2016/15), [s. 25(1)](https://www.legislation.gov.uk/ukpga/2016/15/section/25/1), [Sch. 4 para. 7(3)](https://www.legislation.gov.uk/ukpga/2016/15/schedule/4/paragraph/7/3); [S.I. 2017/139](https://www.legislation.gov.uk/uksi/2017/139), [reg. 2(n)(i)](https://www.legislation.gov.uk/uksi/2017/139/regulation/2/n/i) (with [reg. 4](https://www.legislation.gov.uk/uksi/2017/139/regulation/4))
[^key-7dc1a8fd93708e6c9b1d6dcd661ac23c]: Words in s. 261(5)(a) inserted (1.10.2012) by [The Tribunals, Courts and Enforcement Act 2007 (Consequential Amendments) Order 2012 (S.I. 2012/2404)](https://www.legislation.gov.uk/uksi/2012/2404), [art. 1](https://www.legislation.gov.uk/uksi/2012/2404/article/1), [Sch. 2 para. 28(3)](https://www.legislation.gov.uk/uksi/2012/2404/schedule/2/paragraph/28/3) (with [art. 5](https://www.legislation.gov.uk/uksi/2012/2404/article/5))
[^key-7f700814101c84142c63716eb8b11170]: Words in [Sch. A1 para. 120(6)](https://www.legislation.gov.uk/ukpga/1992/52/schedule/A1/paragraph/120/6) substituted (22.4.2014) by [Crime and Courts Act 2013 (c. 22)](https://www.legislation.gov.uk/ukpga/2013/22), [s. 61(3)](https://www.legislation.gov.uk/ukpga/2013/22/section/61/3), [Sch. 9 para. 52](https://www.legislation.gov.uk/ukpga/2013/22/schedule/9/paragraph/52); [S.I. 2014/954](https://www.legislation.gov.uk/uksi/2014/954), [art. 2(c)](https://www.legislation.gov.uk/uksi/2014/954/article/2/c) (with [art. 3](https://www.legislation.gov.uk/uksi/2014/954/article/3)) (with transitional provisions and savings in [S.I. 2014/956](https://www.legislation.gov.uk/uksi/2014/956), arts. 3-11)
@@ -15527,23 +15523,21 @@
[^key-806dd1a7363f24b2a09e1a13b9ee03db]: Words in Sch. A2 inserted (2.3.2010) by [The Employment Relations Act 1999 (Blacklists) Regulations 2010 (S.I. 2010/493)](https://www.legislation.gov.uk/uksi/2010/493), [regs. 1(b)](https://www.legislation.gov.uk/uksi/2010/493/article/1/b), [17(6)](https://www.legislation.gov.uk/uksi/2010/493/regulation/17/6)
[^key-8252ad25fc9d9153c4cb252df9788293]: Words in [s. 95](https://www.legislation.gov.uk/ukpga/1992/52/section/95) substituted (1.4.2022) by [Trade Union Act 2016 (c. 15)](https://www.legislation.gov.uk/ukpga/2016/15), [ss. 21(c)](https://www.legislation.gov.uk/ukpga/2016/15/section/21/c), [25(1)](https://www.legislation.gov.uk/ukpga/2016/15/section/25/1); [S.I. 2021/1373](https://www.legislation.gov.uk/uksi/2021/1373), [reg. 4(d)](https://www.legislation.gov.uk/uksi/2021/1373/regulation/4/d) (with [reg. 16](https://www.legislation.gov.uk/uksi/2021/1373/regulation/16))
[^key-82c6e15e5f9c80e10bb2647c74ecec62]: Words in [s. 82(2)](https://www.legislation.gov.uk/ukpga/1992/52/section/82/2) substituted (1.4.2022) by [Trade Union Act 2016 (c. 15)](https://www.legislation.gov.uk/ukpga/2016/15), [s. 25(1)](https://www.legislation.gov.uk/ukpga/2016/15/section/25/1), [Sch. 2 para. 7(2)](https://www.legislation.gov.uk/ukpga/2016/15/schedule/2/paragraph/7/2); [S.I. 2021/1373](https://www.legislation.gov.uk/uksi/2021/1373), [reg. 4(b)](https://www.legislation.gov.uk/uksi/2021/1373/regulation/4/b) (with [reg. 13](https://www.legislation.gov.uk/uksi/2021/1373/regulation/13))
[^key-82f93cfbaec0bc115ab49f3dbbbb0f74]: Words in [s. 82(4A)](https://www.legislation.gov.uk/ukpga/1992/52/section/82/4A) substituted (1.4.2022) by [Trade Union Act 2016 (c. 15)](https://www.legislation.gov.uk/ukpga/2016/15), [s. 25(1)](https://www.legislation.gov.uk/ukpga/2016/15/section/25/1), [Sch. 2 para. 7(5)](https://www.legislation.gov.uk/ukpga/2016/15/schedule/2/paragraph/7/5); [S.I. 2021/1373](https://www.legislation.gov.uk/uksi/2021/1373), [reg. 4(b)](https://www.legislation.gov.uk/uksi/2021/1373/regulation/4/b) (with [reg. 13](https://www.legislation.gov.uk/uksi/2021/1373/regulation/13))
[^key-8252ad25fc9d9153c4cb252df9788293]: Words in s. 95 substituted (1.4.2022) by [Trade Union Act 2016 (c. 15)](https://www.legislation.gov.uk/ukpga/2016/15), [ss. 21(c)](https://www.legislation.gov.uk/ukpga/2016/15/section/21/c), [25(1)](https://www.legislation.gov.uk/ukpga/2016/15/section/25/1); [S.I. 2021/1373](https://www.legislation.gov.uk/uksi/2021/1373), [reg. 4(d)](https://www.legislation.gov.uk/uksi/2021/1373/regulation/4/d) (with [reg. 16](https://www.legislation.gov.uk/uksi/2021/1373/regulation/16))
[^key-82c6e15e5f9c80e10bb2647c74ecec62]: Words in s. 82(2) substituted (1.4.2022) by [Trade Union Act 2016 (c. 15)](https://www.legislation.gov.uk/ukpga/2016/15), [s. 25(1)](https://www.legislation.gov.uk/ukpga/2016/15/section/25/1), [Sch. 2 para. 7(2)](https://www.legislation.gov.uk/ukpga/2016/15/schedule/2/paragraph/7/2); [S.I. 2021/1373](https://www.legislation.gov.uk/uksi/2021/1373), [reg. 4(b)](https://www.legislation.gov.uk/uksi/2021/1373/regulation/4/b) (with [reg. 13](https://www.legislation.gov.uk/uksi/2021/1373/regulation/13))
[^key-82f93cfbaec0bc115ab49f3dbbbb0f74]: Words in s. 82(4A) substituted (1.4.2022) by [Trade Union Act 2016 (c. 15)](https://www.legislation.gov.uk/ukpga/2016/15), [s. 25(1)](https://www.legislation.gov.uk/ukpga/2016/15/section/25/1), [Sch. 2 para. 7(5)](https://www.legislation.gov.uk/ukpga/2016/15/schedule/2/paragraph/7/5); [S.I. 2021/1373](https://www.legislation.gov.uk/uksi/2021/1373), [reg. 4(b)](https://www.legislation.gov.uk/uksi/2021/1373/regulation/4/b) (with [reg. 13](https://www.legislation.gov.uk/uksi/2021/1373/regulation/13))
[^key-843d70b0985b328812004f0e45433c55]: [S. 147(4)](https://www.legislation.gov.uk/ukpga/1992/52/section/147/4) inserted (6.4.2014) by [Enterprise and Regulatory Reform Act 2013 (c. 24)](https://www.legislation.gov.uk/ukpga/2013/24), [s. 103(3)](https://www.legislation.gov.uk/ukpga/2013/24/section/103/3), [Sch. 2 para. 8](https://www.legislation.gov.uk/ukpga/2013/24/schedule/2/paragraph/8); [S.I. 2014/253](https://www.legislation.gov.uk/uksi/2014/253), [art. 3(g)](https://www.legislation.gov.uk/uksi/2014/253/article/3/g)
[^key-858f8e3819054cabfa764a30008447e0]: Words in [s. 72A(8)](https://www.legislation.gov.uk/ukpga/1992/52/section/72A/8) substituted (1.4.2022) by [Trade Union Act 2016 (c. 15)](https://www.legislation.gov.uk/ukpga/2016/15), [s. 25(1)](https://www.legislation.gov.uk/ukpga/2016/15/section/25/1), [Sch. 2 para. 4(6)](https://www.legislation.gov.uk/ukpga/2016/15/schedule/2/paragraph/4/6); [S.I. 2021/1373](https://www.legislation.gov.uk/uksi/2021/1373), [reg. 4(b)](https://www.legislation.gov.uk/uksi/2021/1373/regulation/4/b) (with [reg. 10](https://www.legislation.gov.uk/uksi/2021/1373/regulation/10))
[^key-860b39be363a56431a9c1a87acf77345]: Words in [s. 45C(9)](https://www.legislation.gov.uk/ukpga/1992/52/section/45C/9) inserted (1.4.2022) by [Trade Union Act 2016 (c. 15)](https://www.legislation.gov.uk/ukpga/2016/15), [ss. 19(4)](https://www.legislation.gov.uk/ukpga/2016/15/section/19/4), [25(1)](https://www.legislation.gov.uk/ukpga/2016/15/section/25/1); [S.I. 2021/1373](https://www.legislation.gov.uk/uksi/2021/1373), [reg. 4(c)](https://www.legislation.gov.uk/uksi/2021/1373/regulation/4/c) (with [reg. 15](https://www.legislation.gov.uk/uksi/2021/1373/regulation/15))
[^key-87e2533ede3ad4dec8f159f8c3d338ed]: [S. 226(2EA)](https://www.legislation.gov.uk/ukpga/1992/52/section/226/2EA) inserted (E.W.) (13.9.2017) by [Trade Union (Wales) Act 2017 (anaw 4)](https://www.legislation.gov.uk/anaw/2017/4), [ss. 1(4)](https://www.legislation.gov.uk/anaw/2017/4/section/1/4), [3](https://www.legislation.gov.uk/anaw/2017/4/section/3); [S.I. 2017/903](https://www.legislation.gov.uk/wsi/2017/903), [art. 2](https://www.legislation.gov.uk/wsi/2017/903/article/2)
[^key-858f8e3819054cabfa764a30008447e0]: Words in s. 72A(8) substituted (1.4.2022) by [Trade Union Act 2016 (c. 15)](https://www.legislation.gov.uk/ukpga/2016/15), [s. 25(1)](https://www.legislation.gov.uk/ukpga/2016/15/section/25/1), [Sch. 2 para. 4(6)](https://www.legislation.gov.uk/ukpga/2016/15/schedule/2/paragraph/4/6); [S.I. 2021/1373](https://www.legislation.gov.uk/uksi/2021/1373), [reg. 4(b)](https://www.legislation.gov.uk/uksi/2021/1373/regulation/4/b) (with [reg. 10](https://www.legislation.gov.uk/uksi/2021/1373/regulation/10))
[^key-860b39be363a56431a9c1a87acf77345]: Words in s. 45C(9) inserted (1.4.2022) by [Trade Union Act 2016 (c. 15)](https://www.legislation.gov.uk/ukpga/2016/15), [ss. 19(4)](https://www.legislation.gov.uk/ukpga/2016/15/section/19/4), [25(1)](https://www.legislation.gov.uk/ukpga/2016/15/section/25/1); [S.I. 2021/1373](https://www.legislation.gov.uk/uksi/2021/1373), [reg. 4(c)](https://www.legislation.gov.uk/uksi/2021/1373/regulation/4/c) (with [reg. 15](https://www.legislation.gov.uk/uksi/2021/1373/regulation/15))
[^key-8948ec68ffd1d32085f2479beac16b58]: [S. 237](https://www.legislation.gov.uk/ukpga/1992/52/section/237) applied (E.W.) (13.9.2017) by [Trade Union (Wales) Act 2017 (anaw 4)](https://www.legislation.gov.uk/anaw/2017/4), [ss. 2(3)](https://www.legislation.gov.uk/anaw/2017/4/section/2/3), [3](https://www.legislation.gov.uk/anaw/2017/4/section/3); [S.I. 2017/903](https://www.legislation.gov.uk/wsi/2017/903), [art. 2](https://www.legislation.gov.uk/wsi/2017/903/article/2)
[^key-89f18070eeb4670c017bc0cf424029eb]: [S. 45C(2)-(2B)](https://www.legislation.gov.uk/ukpga/1992/52/section/45C/2) substituted for [s. 45C(2)](https://www.legislation.gov.uk/ukpga/1992/52/section/45C/2) (1.4.2022) by [Trade Union Act 2016 (c. 15)](https://www.legislation.gov.uk/ukpga/2016/15), [s. 25(1)](https://www.legislation.gov.uk/ukpga/2016/15/section/25/1), [Sch. 2 para. 1(4)](https://www.legislation.gov.uk/ukpga/2016/15/schedule/2/paragraph/1/4); [S.I. 2021/1373](https://www.legislation.gov.uk/uksi/2021/1373), [reg. 4(b)](https://www.legislation.gov.uk/uksi/2021/1373/regulation/4/b) (with [reg. 7](https://www.legislation.gov.uk/uksi/2021/1373/regulation/7))
[^key-89f18070eeb4670c017bc0cf424029eb]: S. 45C(2)-(2B) substituted for s. 45C(2) (1.4.2022) by [Trade Union Act 2016 (c. 15)](https://www.legislation.gov.uk/ukpga/2016/15), [s. 25(1)](https://www.legislation.gov.uk/ukpga/2016/15/section/25/1), [Sch. 2 para. 1(4)](https://www.legislation.gov.uk/ukpga/2016/15/schedule/2/paragraph/1/4); [S.I. 2021/1373](https://www.legislation.gov.uk/uksi/2021/1373), [reg. 4(b)](https://www.legislation.gov.uk/uksi/2021/1373/regulation/4/b) (with [reg. 7](https://www.legislation.gov.uk/uksi/2021/1373/regulation/7))
[^key-8a5793ec860b7c0af61c9845fcb5d385]: Words in s. 299 inserted (1.10.2011) by [The Agency Workers Regulations 2010 (S.I. 2010/93)](https://www.legislation.gov.uk/uksi/2010/93), [reg. 1(1)](https://www.legislation.gov.uk/uksi/2010/93/regulation/1/1), [Sch. 2 para. 6](https://www.legislation.gov.uk/uksi/2010/93/schedule/2/paragraph/6)
@@ -15553,7 +15547,7 @@
[^key-8bc1bca3d62f0a42c85491d1ae43cf50]: Words in [s. 24A(4)(b)](https://www.legislation.gov.uk/ukpga/1992/52/section/24A/4/b) inserted (1.6.2016) by [Transparency of Lobbying, Non-Party Campaigning and Trade Union Administration Act 2014 (c. 4)](https://www.legislation.gov.uk/ukpga/2014/4), [ss. 42(3)](https://www.legislation.gov.uk/ukpga/2014/4/section/42/3), [45(1)(c)](https://www.legislation.gov.uk/ukpga/2014/4/section/45/1/c); [S.I. 2015/717](https://www.legislation.gov.uk/uksi/2015/717), [art. 4(a)](https://www.legislation.gov.uk/uksi/2015/717/article/4/a)
[^key-8d107c341886554fc965be968b7b823f]: Words in [s. 55(7)](https://www.legislation.gov.uk/ukpga/1992/52/section/55/7) omitted (1.4.2022) by virtue of [Trade Union Act 2016 (c. 15)](https://www.legislation.gov.uk/ukpga/2016/15), [s. 25(1)](https://www.legislation.gov.uk/ukpga/2016/15/section/25/1), [Sch. 2 para. 3(5)](https://www.legislation.gov.uk/ukpga/2016/15/schedule/2/paragraph/3/5); [S.I. 2021/1373](https://www.legislation.gov.uk/uksi/2021/1373), [reg. 4(b)](https://www.legislation.gov.uk/uksi/2021/1373/regulation/4/b) (with [reg. 9](https://www.legislation.gov.uk/uksi/2021/1373/regulation/9))
[^key-8d107c341886554fc965be968b7b823f]: Words in s. 55(7) omitted (1.4.2022) by virtue of [Trade Union Act 2016 (c. 15)](https://www.legislation.gov.uk/ukpga/2016/15), [s. 25(1)](https://www.legislation.gov.uk/ukpga/2016/15/section/25/1), [Sch. 2 para. 3(5)](https://www.legislation.gov.uk/ukpga/2016/15/schedule/2/paragraph/3/5); [S.I. 2021/1373](https://www.legislation.gov.uk/uksi/2021/1373), [reg. 4(b)](https://www.legislation.gov.uk/uksi/2021/1373/regulation/4/b) (with [reg. 9](https://www.legislation.gov.uk/uksi/2021/1373/regulation/9))
[^key-8d4e0317ab8a3f5ed8c3f3c6dbec130e]: [S. 254(6)](https://www.legislation.gov.uk/ukpga/1992/52/section/254/6) omitted (1.4.2022) by virtue of [Trade Union Act 2016 (c. 15)](https://www.legislation.gov.uk/ukpga/2016/15), [s. 25(1)](https://www.legislation.gov.uk/ukpga/2016/15/section/25/1), [Sch. 4 para. 15(3)](https://www.legislation.gov.uk/ukpga/2016/15/schedule/4/paragraph/15/3); [S.I. 2021/1373](https://www.legislation.gov.uk/uksi/2021/1373), [reg. 4(e)](https://www.legislation.gov.uk/uksi/2021/1373/regulation/4/e)
@@ -15563,37 +15557,31 @@
[^key-8f413b909f25a752f0e82a9587275386]: Words in s. 231 substituted (1.3.2017) by [Trade Union Act 2016 (c. 15)](https://www.legislation.gov.uk/ukpga/2016/15), [ss. 6(1)](https://www.legislation.gov.uk/ukpga/2016/15/section/6/1), [25(1)](https://www.legislation.gov.uk/ukpga/2016/15/section/25/1) (with [s. 6(2)](https://www.legislation.gov.uk/ukpga/2016/15/section/6/2)); [S.I. 2017/139](https://www.legislation.gov.uk/uksi/2017/139), [reg. 2(d)](https://www.legislation.gov.uk/uksi/2017/139/regulation/2/d)
[^key-8fe63d0619e2fe198b8d6ce5f51d84a0]: Words in [s. 234(6)](https://www.legislation.gov.uk/ukpga/1992/52/section/234/6) omitted (1.3.2017) by virtue of [Trade Union Act 2016 (c. 15)](https://www.legislation.gov.uk/ukpga/2016/15), [s. 25(1)](https://www.legislation.gov.uk/ukpga/2016/15/section/25/1), [Sch. 4 para. 14(b)](https://www.legislation.gov.uk/ukpga/2016/15/schedule/4/paragraph/14/b) (with [s. 9(2)](https://www.legislation.gov.uk/ukpga/2016/15/section/9/2)); [S.I. 2017/139](https://www.legislation.gov.uk/uksi/2017/139), [reg. 2(n)(i)](https://www.legislation.gov.uk/uksi/2017/139/regulation/2/n/i)
[^key-91d679966ad0ecb62373bd7859659e9e]: Words in [s. 72A(6)](https://www.legislation.gov.uk/ukpga/1992/52/section/72A/6) omitted (1.4.2022) by virtue of [Trade Union Act 2016 (c. 15)](https://www.legislation.gov.uk/ukpga/2016/15), [s. 25(1)](https://www.legislation.gov.uk/ukpga/2016/15/section/25/1), [Sch. 2 para. 4(5)](https://www.legislation.gov.uk/ukpga/2016/15/schedule/2/paragraph/4/5); [S.I. 2021/1373](https://www.legislation.gov.uk/uksi/2021/1373), [reg. 4(b)](https://www.legislation.gov.uk/uksi/2021/1373/regulation/4/b) (with [reg. 10](https://www.legislation.gov.uk/uksi/2021/1373/regulation/10))
[^key-92b558acadb9d172d7d3149772c27f8f]: Words in [s. 103(3)](https://www.legislation.gov.uk/ukpga/1992/52/section/103/3) substituted (1.4.2022) by [Trade Union Act 2016 (c. 15)](https://www.legislation.gov.uk/ukpga/2016/15), [s. 25(1)](https://www.legislation.gov.uk/ukpga/2016/15/section/25/1), [Sch. 2 para. 8(5)](https://www.legislation.gov.uk/ukpga/2016/15/schedule/2/paragraph/8/5); [S.I. 2021/1373](https://www.legislation.gov.uk/uksi/2021/1373), [reg. 4(b)](https://www.legislation.gov.uk/uksi/2021/1373/regulation/4/b) (with [reg. 14](https://www.legislation.gov.uk/uksi/2021/1373/regulation/14))
[^key-9392833619f24f449b94b437382148be]: Words in [s. 45(1)](https://www.legislation.gov.uk/ukpga/1992/52/section/45/1) substituted (1.3.2017) by [Trade Union Act 2016 (c. 15)](https://www.legislation.gov.uk/ukpga/2016/15), [ss. 18(3)](https://www.legislation.gov.uk/ukpga/2016/15/section/18/3), [25(1)](https://www.legislation.gov.uk/ukpga/2016/15/section/25/1); [S.I. 2017/139](https://www.legislation.gov.uk/uksi/2017/139), [reg. 2(m)](https://www.legislation.gov.uk/uksi/2017/139/regulation/2/m)
[^key-8fe63d0619e2fe198b8d6ce5f51d84a0]: Words in s. 234(6) omitted (1.3.2017) by virtue of [Trade Union Act 2016 (c. 15)](https://www.legislation.gov.uk/ukpga/2016/15), [s. 25(1)](https://www.legislation.gov.uk/ukpga/2016/15/section/25/1), [Sch. 4 para. 14(b)](https://www.legislation.gov.uk/ukpga/2016/15/schedule/4/paragraph/14/b) (with [s. 9(2)](https://www.legislation.gov.uk/ukpga/2016/15/section/9/2)); [S.I. 2017/139](https://www.legislation.gov.uk/uksi/2017/139), [reg. 2(n)(i)](https://www.legislation.gov.uk/uksi/2017/139/regulation/2/n/i)
[^key-91d679966ad0ecb62373bd7859659e9e]: Words in s. 72A(6) omitted (1.4.2022) by virtue of [Trade Union Act 2016 (c. 15)](https://www.legislation.gov.uk/ukpga/2016/15), [s. 25(1)](https://www.legislation.gov.uk/ukpga/2016/15/section/25/1), [Sch. 2 para. 4(5)](https://www.legislation.gov.uk/ukpga/2016/15/schedule/2/paragraph/4/5); [S.I. 2021/1373](https://www.legislation.gov.uk/uksi/2021/1373), [reg. 4(b)](https://www.legislation.gov.uk/uksi/2021/1373/regulation/4/b) (with [reg. 10](https://www.legislation.gov.uk/uksi/2021/1373/regulation/10))
[^key-92b558acadb9d172d7d3149772c27f8f]: Words in s. 103(3) substituted (1.4.2022) by [Trade Union Act 2016 (c. 15)](https://www.legislation.gov.uk/ukpga/2016/15), [s. 25(1)](https://www.legislation.gov.uk/ukpga/2016/15/section/25/1), [Sch. 2 para. 8(5)](https://www.legislation.gov.uk/ukpga/2016/15/schedule/2/paragraph/8/5); [S.I. 2021/1373](https://www.legislation.gov.uk/uksi/2021/1373), [reg. 4(b)](https://www.legislation.gov.uk/uksi/2021/1373/regulation/4/b) (with [reg. 14](https://www.legislation.gov.uk/uksi/2021/1373/regulation/14))
[^key-95bcbe52a06b8ba4de59a8df5bfd2028]: S. 297A inserted (1.3.2017) by [Trade Union Act 2016 (c. 15)](https://www.legislation.gov.uk/ukpga/2016/15), [s. 25(1)](https://www.legislation.gov.uk/ukpga/2016/15/section/25/1), [Sch. 4 para. 17](https://www.legislation.gov.uk/ukpga/2016/15/schedule/4/paragraph/17); [S.I. 2017/139](https://www.legislation.gov.uk/uksi/2017/139), [reg. 2(n)(ii)](https://www.legislation.gov.uk/uksi/2017/139/regulation/2/n/ii)
[^key-964dd28a953b9b8f7d4a49fcce707adb]: Words in s. 299 inserted (31.1.2014) by [The Collective Redundancies and Transfer of Undertakings (Protection of Employment) (Amendment) Regulations 2014 (S.I. 2014/16)](https://www.legislation.gov.uk/uksi/2014/16), [regs. 1(2)](https://www.legislation.gov.uk/uksi/2014/16/regulation/1/2), [3(2)(c)](https://www.legislation.gov.uk/uksi/2014/16/regulation/3/2/c)
[^key-9874e4437cd48da6775dc543167dfa05]: Word in [s. 135(4)](https://www.legislation.gov.uk/ukpga/1992/52/section/135/4) substituted (1.3.2017) by [Trade Union Act 2016 (c. 15)](https://www.legislation.gov.uk/ukpga/2016/15), [s. 25(1)](https://www.legislation.gov.uk/ukpga/2016/15/section/25/1), [Sch. 4 para. 11](https://www.legislation.gov.uk/ukpga/2016/15/schedule/4/paragraph/11); [S.I. 2017/139](https://www.legislation.gov.uk/uksi/2017/139), [reg. 2(n)(i)](https://www.legislation.gov.uk/uksi/2017/139/regulation/2/n/i) (with [reg. 4](https://www.legislation.gov.uk/uksi/2017/139/regulation/4))
[^key-9874e4437cd48da6775dc543167dfa05]: Word in s. 135(4) substituted (1.3.2017) by [Trade Union Act 2016 (c. 15)](https://www.legislation.gov.uk/ukpga/2016/15), [s. 25(1)](https://www.legislation.gov.uk/ukpga/2016/15/section/25/1), [Sch. 4 para. 11](https://www.legislation.gov.uk/ukpga/2016/15/schedule/4/paragraph/11); [S.I. 2017/139](https://www.legislation.gov.uk/uksi/2017/139), [reg. 2(n)(i)](https://www.legislation.gov.uk/uksi/2017/139/regulation/2/n/i) (with [reg. 4](https://www.legislation.gov.uk/uksi/2017/139/regulation/4))
[^key-98cd2daca8952e90d1d9d83ddc812f98]: [S. 251B(7)](https://www.legislation.gov.uk/ukpga/1992/52/section/251B/7) inserted (25.5.2018) by [Data Protection Act 2018 (c. 12)](https://www.legislation.gov.uk/ukpga/2018/12), [s. 212(1)](https://www.legislation.gov.uk/ukpga/2018/12/section/212/1), [Sch. 19 para. 40(3)](https://www.legislation.gov.uk/ukpga/2018/12/schedule/19/paragraph/40/3) (with [ss. 117](https://www.legislation.gov.uk/ukpga/2018/12/section/117), [209](https://www.legislation.gov.uk/ukpga/2018/12/section/209), [210](https://www.legislation.gov.uk/ukpga/2018/12/section/210)); [S.I. 2018/625](https://www.legislation.gov.uk/uksi/2018/625), [reg. 2(1)(g)](https://www.legislation.gov.uk/uksi/2018/625/regulation/2/1/g)
[^key-98cf1edc3e7387dafbcb50de807fad68]: S. 94(1)(b) and word omitted (1.3.2017) by virtue of [Trade Union Act 2016 (c. 15)](https://www.legislation.gov.uk/ukpga/2016/15), [s. 25(1)](https://www.legislation.gov.uk/ukpga/2016/15/section/25/1), [Sch. 4 para. 9(2)](https://www.legislation.gov.uk/ukpga/2016/15/schedule/4/paragraph/9/2); [S.I. 2017/139](https://www.legislation.gov.uk/uksi/2017/139), [reg. 2(n)(i)](https://www.legislation.gov.uk/uksi/2017/139/regulation/2/n/i) (with [reg. 4](https://www.legislation.gov.uk/uksi/2017/139/regulation/4))
[^key-9988216615f9d87cc0716b6f17366d12]: [S. 258(1A)](https://www.legislation.gov.uk/ukpga/1992/52/section/258/1A) inserted (8.12.2021) by [Trade Union Act 2016 (c. 15)](https://www.legislation.gov.uk/ukpga/2016/15), [ss. 20(2)](https://www.legislation.gov.uk/ukpga/2016/15/section/20/2), [25(1)](https://www.legislation.gov.uk/ukpga/2016/15/section/25/1); [S.I. 2021/1373](https://www.legislation.gov.uk/uksi/2021/1373), [reg. 3(c)](https://www.legislation.gov.uk/uksi/2021/1373/regulation/3/c)
[^key-9b771207a8d8718fb1f542f8d25a17c8]: Words in [s. 103(4)](https://www.legislation.gov.uk/ukpga/1992/52/section/103/4) omitted (1.4.2022) by virtue of [Trade Union Act 2016 (c. 15)](https://www.legislation.gov.uk/ukpga/2016/15), [s. 25(1)](https://www.legislation.gov.uk/ukpga/2016/15/section/25/1), [Sch. 2 para. 8(7)](https://www.legislation.gov.uk/ukpga/2016/15/schedule/2/paragraph/8/7); [S.I. 2021/1373](https://www.legislation.gov.uk/uksi/2021/1373), [reg. 4(b)](https://www.legislation.gov.uk/uksi/2021/1373/regulation/4/b) (with [reg. 14](https://www.legislation.gov.uk/uksi/2021/1373/regulation/14))
[^key-9b771207a8d8718fb1f542f8d25a17c8]: Words in s. 103(4) omitted (1.4.2022) by virtue of [Trade Union Act 2016 (c. 15)](https://www.legislation.gov.uk/ukpga/2016/15), [s. 25(1)](https://www.legislation.gov.uk/ukpga/2016/15/section/25/1), [Sch. 2 para. 8(7)](https://www.legislation.gov.uk/ukpga/2016/15/schedule/2/paragraph/8/7); [S.I. 2021/1373](https://www.legislation.gov.uk/uksi/2021/1373), [reg. 4(b)](https://www.legislation.gov.uk/uksi/2021/1373/regulation/4/b) (with [reg. 14](https://www.legislation.gov.uk/uksi/2021/1373/regulation/14))
[^key-9d571dbe911173c0012a28f9f501f995]: [S. 189(5A)](https://www.legislation.gov.uk/ukpga/1992/52/section/189/5A) inserted (6.4.2014) by [Enterprise and Regulatory Reform Act 2013 (c. 24)](https://www.legislation.gov.uk/ukpga/2013/24), [s. 103(3)](https://www.legislation.gov.uk/ukpga/2013/24/section/103/3), [Sch. 2 para. 11](https://www.legislation.gov.uk/ukpga/2013/24/schedule/2/paragraph/11); [S.I. 2014/253](https://www.legislation.gov.uk/uksi/2014/253), [art. 3(g)](https://www.legislation.gov.uk/uksi/2014/253/article/3/g)
[^key-9d70817deff9df9ef93cf5652f338f49]: [S. 72A(2)-(2B)](https://www.legislation.gov.uk/ukpga/1992/52/section/72A/2) substituted for [s. 72A(2)](https://www.legislation.gov.uk/ukpga/1992/52/section/72A/2) (1.4.2022) by [Trade Union Act 2016 (c. 15)](https://www.legislation.gov.uk/ukpga/2016/15), [s. 25(1)](https://www.legislation.gov.uk/ukpga/2016/15/section/25/1), [Sch. 2 para. 4(4)](https://www.legislation.gov.uk/ukpga/2016/15/schedule/2/paragraph/4/4); [S.I. 2021/1373](https://www.legislation.gov.uk/uksi/2021/1373), [reg. 4(b)](https://www.legislation.gov.uk/uksi/2021/1373/regulation/4/b) (with [reg. 10](https://www.legislation.gov.uk/uksi/2021/1373/regulation/10))
[^key-9d70817deff9df9ef93cf5652f338f49]: S. 72A(2)-(2B) substituted for s. 72A(2) (1.4.2022) by [Trade Union Act 2016 (c. 15)](https://www.legislation.gov.uk/ukpga/2016/15), [s. 25(1)](https://www.legislation.gov.uk/ukpga/2016/15/section/25/1), [Sch. 2 para. 4(4)](https://www.legislation.gov.uk/ukpga/2016/15/schedule/2/paragraph/4/4); [S.I. 2021/1373](https://www.legislation.gov.uk/uksi/2021/1373), [reg. 4(b)](https://www.legislation.gov.uk/uksi/2021/1373/regulation/4/b) (with [reg. 10](https://www.legislation.gov.uk/uksi/2021/1373/regulation/10))
[^key-9f315921fd5b346cf71107a97b3ecea0]: Words in [s. 24(6)](https://www.legislation.gov.uk/ukpga/1992/52/section/24/6) inserted (1.6.2016) by [Transparency of Lobbying, Non-Party Campaigning and Trade Union Administration Act 2014 (c. 4)](https://www.legislation.gov.uk/ukpga/2014/4), [ss. 43(3)](https://www.legislation.gov.uk/ukpga/2014/4/section/43/3), [45(1)(c)](https://www.legislation.gov.uk/ukpga/2014/4/section/45/1/c); [S.I. 2015/717](https://www.legislation.gov.uk/uksi/2015/717), [art. 4(b)](https://www.legislation.gov.uk/uksi/2015/717/article/4/b)
[^key-9f3511ef4280943d70bdfe7f3f277de3]: [S. 84](https://www.legislation.gov.uk/ukpga/1992/52/section/84) substituted (5.12.2016 for specified purposes, 1.3.2017 in so far as not already in force) by [Trade Union Act 2016 (c. 15)](https://www.legislation.gov.uk/ukpga/2016/15), [ss. 11(1)](https://www.legislation.gov.uk/ukpga/2016/15/section/11/1), [25(1)](https://www.legislation.gov.uk/ukpga/2016/15/section/25/1) (with [s. 11(5)](https://www.legislation.gov.uk/ukpga/2016/15/section/11/5)); [S.I. 2016/1170](https://www.legislation.gov.uk/uksi/2016/1170), [reg. 2(b)](https://www.legislation.gov.uk/uksi/2016/1170/regulation/2/b); [S.I. 2017/139](https://www.legislation.gov.uk/uksi/2017/139), [reg. 2(i)](https://www.legislation.gov.uk/uksi/2017/139/regulation/2/i)
[^key-a1d140bb3da8871efc072979cc45181d]: [S. 103(2A)](https://www.legislation.gov.uk/ukpga/1992/52/section/103/2A) omitted (1.4.2022) by virtue of [Trade Union Act 2016 (c. 15)](https://www.legislation.gov.uk/ukpga/2016/15), [s. 25(1)](https://www.legislation.gov.uk/ukpga/2016/15/section/25/1), [Sch. 2 para. 8(4)](https://www.legislation.gov.uk/ukpga/2016/15/schedule/2/paragraph/8/4); [S.I. 2021/1373](https://www.legislation.gov.uk/uksi/2021/1373), [reg. 4(b)](https://www.legislation.gov.uk/uksi/2021/1373/regulation/4/b) (with [reg. 14](https://www.legislation.gov.uk/uksi/2021/1373/regulation/14))
[^key-a1d140bb3da8871efc072979cc45181d]: S. 103(2A) omitted (1.4.2022) by virtue of [Trade Union Act 2016 (c. 15)](https://www.legislation.gov.uk/ukpga/2016/15), [s. 25(1)](https://www.legislation.gov.uk/ukpga/2016/15/section/25/1), [Sch. 2 para. 8(4)](https://www.legislation.gov.uk/ukpga/2016/15/schedule/2/paragraph/8/4); [S.I. 2021/1373](https://www.legislation.gov.uk/uksi/2021/1373), [reg. 4(b)](https://www.legislation.gov.uk/uksi/2021/1373/regulation/4/b) (with [reg. 14](https://www.legislation.gov.uk/uksi/2021/1373/regulation/14))
[^key-a299d3cfcfb3b363df58268cdfc36553]: [Ss. 24ZH-24ZK](https://www.legislation.gov.uk/ukpga/1992/52/section/24ZH) omitted (1.4.2022) by virtue of [Trade Union Act 2016 (c. 15)](https://www.legislation.gov.uk/ukpga/2016/15), [s. 25(1)](https://www.legislation.gov.uk/ukpga/2016/15/section/25/1), [Sch. 4 para. 1](https://www.legislation.gov.uk/ukpga/2016/15/schedule/4/paragraph/1); [S.I. 2021/1373](https://www.legislation.gov.uk/uksi/2021/1373), [reg. 4(e)](https://www.legislation.gov.uk/uksi/2021/1373/regulation/4/e)
@@ -15601,15 +15589,11 @@
[^key-a4fa89af9c09c90fe745a4b91d3904d2]: S. 188(4)(g)-(i) added (1.10.2011) by [The Agency Workers Regulations 2010 (S.I. 2010/93)](https://www.legislation.gov.uk/uksi/2010/93), [reg. 1(1)](https://www.legislation.gov.uk/uksi/2010/93/regulation/1/1), [Sch. 2 para. 4(3)](https://www.legislation.gov.uk/uksi/2010/93/schedule/2/paragraph/4/3)
[^key-a6f56259c937084b1c44ca7ff900617e]: [S. 256D](https://www.legislation.gov.uk/ukpga/1992/52/section/256D) inserted (8.12.2021 for specified purposes, 1.4.2022 in so far as not already in force) by [Trade Union Act 2016 (c. 15)](https://www.legislation.gov.uk/ukpga/2016/15), [ss. 19(1)](https://www.legislation.gov.uk/ukpga/2016/15/section/19/1), [25(1)](https://www.legislation.gov.uk/ukpga/2016/15/section/25/1) (with [s. 19(3)](https://www.legislation.gov.uk/ukpga/2016/15/section/19/3)); [S.I. 2021/1373](https://www.legislation.gov.uk/uksi/2021/1373), [regs. 3(b)](https://www.legislation.gov.uk/uksi/2021/1373/regulation/3/b), [4(c)](https://www.legislation.gov.uk/uksi/2021/1373/regulation/4/c)
[^key-a8e49115af2797a32fd0551b8514d96e]: S. 24ZA inserted (6.4.2015 with application in accordance with art. 3 of the commencing S.I.) by [Transparency of Lobbying, Non-Party Campaigning and Trade Union Administration Act 2014 (c. 4)](https://www.legislation.gov.uk/ukpga/2014/4), [ss. 40(2)](https://www.legislation.gov.uk/ukpga/2014/4/section/40/2), [45(1)(c)](https://www.legislation.gov.uk/ukpga/2014/4/section/45/1/c); [S.I. 2015/717](https://www.legislation.gov.uk/uksi/2015/717), [art. 3(1)(a)](https://www.legislation.gov.uk/uksi/2015/717/article/3/1/a)
[^key-a93577289936c53ee81a37b019d35e09]: Word in [s. 118(7)](https://www.legislation.gov.uk/ukpga/1992/52/section/118/7) substituted (1.3.2017) by [Trade Union Act 2016 (c. 15)](https://www.legislation.gov.uk/ukpga/2016/15), [s. 25(1)](https://www.legislation.gov.uk/ukpga/2016/15/section/25/1), [Sch. 4 para. 10](https://www.legislation.gov.uk/ukpga/2016/15/schedule/4/paragraph/10); [S.I. 2017/139](https://www.legislation.gov.uk/uksi/2017/139), [reg. 2(n)(i)](https://www.legislation.gov.uk/uksi/2017/139/regulation/2/n/i) (with [reg. 4](https://www.legislation.gov.uk/uksi/2017/139/regulation/4))
[^key-abbe14cb8b87fb0c5073a963fb8ae978]: [S. 172A(2A)](https://www.legislation.gov.uk/ukpga/1992/52/section/172A/2A) inserted (E.W.) (13.9.2017) by [Trade Union (Wales) Act 2017 (anaw 4)](https://www.legislation.gov.uk/anaw/2017/4), [ss. 1(3)](https://www.legislation.gov.uk/anaw/2017/4/section/1/3), [3](https://www.legislation.gov.uk/anaw/2017/4/section/3); [S.I. 2017/903](https://www.legislation.gov.uk/wsi/2017/903), [art. 2](https://www.legislation.gov.uk/wsi/2017/903/article/2)
[^key-af2b73cce349f8a14f8d6dd695b1168f]: Words in [s. 56A](https://www.legislation.gov.uk/ukpga/1992/52/section/56A) substituted (1.4.2022) by [Trade Union Act 2016 (c. 15)](https://www.legislation.gov.uk/ukpga/2016/15), [ss. 21(b)](https://www.legislation.gov.uk/ukpga/2016/15/section/21/b), [25(1)](https://www.legislation.gov.uk/ukpga/2016/15/section/25/1); [S.I. 2021/1373](https://www.legislation.gov.uk/uksi/2021/1373), [reg. 4(d)](https://www.legislation.gov.uk/uksi/2021/1373/regulation/4/d) (with [reg. 16](https://www.legislation.gov.uk/uksi/2021/1373/regulation/16))
[^key-af2b73cce349f8a14f8d6dd695b1168f]: Words in s. 56A substituted (1.4.2022) by [Trade Union Act 2016 (c. 15)](https://www.legislation.gov.uk/ukpga/2016/15), [ss. 21(b)](https://www.legislation.gov.uk/ukpga/2016/15/section/21/b), [25(1)](https://www.legislation.gov.uk/ukpga/2016/15/section/25/1); [S.I. 2021/1373](https://www.legislation.gov.uk/uksi/2021/1373), [reg. 4(d)](https://www.legislation.gov.uk/uksi/2021/1373/regulation/4/d) (with [reg. 16](https://www.legislation.gov.uk/uksi/2021/1373/regulation/16))
[^key-b013add1cf889908257c6d5b0cbe8a37]: Words in [s. 254(5A)](https://www.legislation.gov.uk/ukpga/1992/52/section/254/5A) omitted (1.4.2022) by virtue of [Trade Union Act 2016 (c. 15)](https://www.legislation.gov.uk/ukpga/2016/15), [s. 25(1)](https://www.legislation.gov.uk/ukpga/2016/15/section/25/1), [Sch. 4 para. 15(2)](https://www.legislation.gov.uk/ukpga/2016/15/schedule/4/paragraph/15/2); [S.I. 2021/1373](https://www.legislation.gov.uk/uksi/2021/1373), [reg. 4(e)](https://www.legislation.gov.uk/uksi/2021/1373/regulation/4/e)
@@ -15617,7 +15601,7 @@
[^key-b1ab6ceaffeb17c82580492e14609b53]: S. 175 renumbered as s. 175(1) (6.4.2014) by [Enterprise and Regulatory Reform Act 2013 (c. 24)](https://www.legislation.gov.uk/ukpga/2013/24), [s. 103(3)](https://www.legislation.gov.uk/ukpga/2013/24/section/103/3), [Sch. 2 para. 10(2)](https://www.legislation.gov.uk/ukpga/2013/24/schedule/2/paragraph/10/2); [S.I. 2014/253](https://www.legislation.gov.uk/uksi/2014/253), [art. 3(g)](https://www.legislation.gov.uk/uksi/2014/253/article/3/g)
[^key-b3dce53a691d518921b7fff2d4e0d002]: Words in [s. 104](https://www.legislation.gov.uk/ukpga/1992/52/section/104) substituted (1.4.2022) by [Trade Union Act 2016 (c. 15)](https://www.legislation.gov.uk/ukpga/2016/15), [ss. 21(d)](https://www.legislation.gov.uk/ukpga/2016/15/section/21/d), [25(1)](https://www.legislation.gov.uk/ukpga/2016/15/section/25/1); [S.I. 2021/1373](https://www.legislation.gov.uk/uksi/2021/1373), [reg. 4(d)](https://www.legislation.gov.uk/uksi/2021/1373/regulation/4/d) (with [reg. 16](https://www.legislation.gov.uk/uksi/2021/1373/regulation/16))
[^key-b3dce53a691d518921b7fff2d4e0d002]: Words in s. 104 substituted (1.4.2022) by [Trade Union Act 2016 (c. 15)](https://www.legislation.gov.uk/ukpga/2016/15), [ss. 21(d)](https://www.legislation.gov.uk/ukpga/2016/15/section/21/d), [25(1)](https://www.legislation.gov.uk/ukpga/2016/15/section/25/1); [S.I. 2021/1373](https://www.legislation.gov.uk/uksi/2021/1373), [reg. 4(d)](https://www.legislation.gov.uk/uksi/2021/1373/regulation/4/d) (with [reg. 16](https://www.legislation.gov.uk/uksi/2021/1373/regulation/16))
[^key-ba89ac39c3926548c3652356bce909ce]: [Act](https://www.legislation.gov.uk/ukpga/1992/52) modified (10.3.2014) by [Energy Act 2013 (c. 32)](https://www.legislation.gov.uk/ukpga/2013/32), [s. 156(1)](https://www.legislation.gov.uk/ukpga/2013/32/section/156/1), [Sch. 7 para. 14(4)](https://www.legislation.gov.uk/ukpga/2013/32/schedule/7/paragraph/14/4); [S.I. 2014/251](https://www.legislation.gov.uk/uksi/2014/251), [art. 3(b)](https://www.legislation.gov.uk/uksi/2014/251/article/3/b)
@@ -15629,53 +15613,45 @@
[^key-bf345729f267ae1a0829ebf20604a7f8]: [Sch. A1 para. 157(4)](https://www.legislation.gov.uk/ukpga/1992/52/schedule/A1/paragraph/157/4) inserted (6.4.2014) by [Enterprise and Regulatory Reform Act 2013 (c. 24)](https://www.legislation.gov.uk/ukpga/2013/24), [s. 103(3)](https://www.legislation.gov.uk/ukpga/2013/24/section/103/3), [Sch. 2 para. 14](https://www.legislation.gov.uk/ukpga/2013/24/schedule/2/paragraph/14); [S.I. 2014/253](https://www.legislation.gov.uk/uksi/2014/253), [art. 3(g)](https://www.legislation.gov.uk/uksi/2014/253/article/3/g)
[^key-c16d5338bc1a4e8d3224ccf3a12e8ef7]: Words in [s. 82(1)(c)](https://www.legislation.gov.uk/ukpga/1992/52/section/82/1/c) substituted (1.3.2017) by [Trade Union Act 2016 (c. 15)](https://www.legislation.gov.uk/ukpga/2016/15), [s. 25(1)](https://www.legislation.gov.uk/ukpga/2016/15/section/25/1), [Sch. 4 para. 6(3)](https://www.legislation.gov.uk/ukpga/2016/15/schedule/4/paragraph/6/3); [S.I. 2017/139](https://www.legislation.gov.uk/uksi/2017/139), [reg. 2(n)(i)](https://www.legislation.gov.uk/uksi/2017/139/regulation/2/n/i) (with [reg. 4](https://www.legislation.gov.uk/uksi/2017/139/regulation/4))
[^key-c16d5338bc1a4e8d3224ccf3a12e8ef7]: Words in s. 82(1)(c) substituted (1.3.2017) by [Trade Union Act 2016 (c. 15)](https://www.legislation.gov.uk/ukpga/2016/15), [s. 25(1)](https://www.legislation.gov.uk/ukpga/2016/15/section/25/1), [Sch. 4 para. 6(3)](https://www.legislation.gov.uk/ukpga/2016/15/schedule/4/paragraph/6/3); [S.I. 2017/139](https://www.legislation.gov.uk/uksi/2017/139), [reg. 2(n)(i)](https://www.legislation.gov.uk/uksi/2017/139/regulation/2/n/i) (with [reg. 4](https://www.legislation.gov.uk/uksi/2017/139/regulation/4))
[^key-c1fa02a918bd849d8af76859bf338fed]: [S. 62(2)](https://www.legislation.gov.uk/ukpga/1992/52/section/62/2) substituted (1.3.2017) by [Trade Union Act 2016 (c. 15)](https://www.legislation.gov.uk/ukpga/2016/15), [s. 25(1)](https://www.legislation.gov.uk/ukpga/2016/15/section/25/1), [Sch. 4 para. 4](https://www.legislation.gov.uk/ukpga/2016/15/schedule/4/paragraph/4); [S.I. 2017/139](https://www.legislation.gov.uk/uksi/2017/139), [reg. 2(n)(i)](https://www.legislation.gov.uk/uksi/2017/139/regulation/2/n/i)
[^key-c2d40c7c2523332f8798dd6f6b950f8a]: Word in s. 256(1)(a) omitted (1.6.2016) by virtue of [Transparency of Lobbying, Non-Party Campaigning and Trade Union Administration Act 2014 (c. 4)](https://www.legislation.gov.uk/ukpga/2014/4), [ss. 43(7)(a)](https://www.legislation.gov.uk/ukpga/2014/4/section/43/7/a), [45(1)(c)](https://www.legislation.gov.uk/ukpga/2014/4/section/45/1/c); [S.I. 2015/717](https://www.legislation.gov.uk/uksi/2015/717), [art. 4(b)](https://www.legislation.gov.uk/uksi/2015/717/article/4/b)
[^key-c2d569ae523c77e8112d125e4b5c9991]: [S. 220A](https://www.legislation.gov.uk/ukpga/1992/52/section/220A) inserted (1.3.2017) by [Trade Union Act 2016 (c. 15)](https://www.legislation.gov.uk/ukpga/2016/15), [ss. 10(2)](https://www.legislation.gov.uk/ukpga/2016/15/section/10/2), [25(1)](https://www.legislation.gov.uk/ukpga/2016/15/section/25/1); [S.I. 2017/139](https://www.legislation.gov.uk/uksi/2017/139), [reg. 2(h)](https://www.legislation.gov.uk/uksi/2017/139/regulation/2/h) (with [reg. 3](https://www.legislation.gov.uk/uksi/2017/139/regulation/3))
[^key-c4148bc30a84cf3bb9f2db720118bdcd]: Words in Sch. A1 para. 28(6A) substituted (6.4.2014) by [Tribunals, Courts and Enforcement Act 2007 (c. 15)](https://www.legislation.gov.uk/ukpga/2007/15), [s. 148](https://www.legislation.gov.uk/ukpga/2007/15/section/148), [Sch. 13 para. 110(3)](https://www.legislation.gov.uk/ukpga/2007/15/schedule/13/paragraph/110/3) (with [s. 89](https://www.legislation.gov.uk/ukpga/2007/15/section/89)); [S.I. 2014/768](https://www.legislation.gov.uk/uksi/2014/768), [art. 2(1)(b)](https://www.legislation.gov.uk/uksi/2014/768/article/2/1/b)
[^key-c420a89ba221b99761c8df789e424d04]: [S. 172B](https://www.legislation.gov.uk/ukpga/1992/52/section/172B) inserted (25.11.2022) by [Trade Union Act 2016 (c. 15)](https://www.legislation.gov.uk/ukpga/2016/15), [ss. 14](https://www.legislation.gov.uk/ukpga/2016/15/section/14), [25(1)](https://www.legislation.gov.uk/ukpga/2016/15/section/25/1); [S.I. 2022/1228](https://www.legislation.gov.uk/uksi/2022/1228), [reg. 2](https://www.legislation.gov.uk/uksi/2022/1228/regulation/2)
[^key-c4afb651c8b52225428b947acc01650d]: [S. 72A(1A)](https://www.legislation.gov.uk/ukpga/1992/52/section/72A/1A) inserted (1.4.2022) by [Trade Union Act 2016 (c. 15)](https://www.legislation.gov.uk/ukpga/2016/15), [s. 25(1)](https://www.legislation.gov.uk/ukpga/2016/15/section/25/1), [Sch. 2 para. 4(3)](https://www.legislation.gov.uk/ukpga/2016/15/schedule/2/paragraph/4/3); [S.I. 2021/1373](https://www.legislation.gov.uk/uksi/2021/1373), [reg. 4(b)](https://www.legislation.gov.uk/uksi/2021/1373/regulation/4/b) (with [reg. 10](https://www.legislation.gov.uk/uksi/2021/1373/regulation/10))
[^key-c4afb651c8b52225428b947acc01650d]: S. 72A(1A) inserted (1.4.2022) by [Trade Union Act 2016 (c. 15)](https://www.legislation.gov.uk/ukpga/2016/15), [s. 25(1)](https://www.legislation.gov.uk/ukpga/2016/15/section/25/1), [Sch. 2 para. 4(3)](https://www.legislation.gov.uk/ukpga/2016/15/schedule/2/paragraph/4/3); [S.I. 2021/1373](https://www.legislation.gov.uk/uksi/2021/1373), [reg. 4(b)](https://www.legislation.gov.uk/uksi/2021/1373/regulation/4/b) (with [reg. 10](https://www.legislation.gov.uk/uksi/2021/1373/regulation/10))
[^key-c5e3657d562d555d057c3a841e5bb94c]: Words in s. 299 inserted (30.1.2014 for specified purposes, 6.4.2015 in so far as not already in force and with application in accordance with art. 3 of the commencing S.I.) by [Transparency of Lobbying, Non-Party Campaigning and Trade Union Administration Act 2014 (c. 4)](https://www.legislation.gov.uk/ukpga/2014/4), [ss. 41(5)](https://www.legislation.gov.uk/ukpga/2014/4/section/41/5), [45(3)(c)](https://www.legislation.gov.uk/ukpga/2014/4/section/45/3/c); [S.I. 2015/717](https://www.legislation.gov.uk/uksi/2015/717), [art. 3(1)(b)](https://www.legislation.gov.uk/uksi/2015/717/article/3/1/b)
[^key-c9b7a12d9d41cfad2da537ce08b391fa]: Words in Sch. A1 para. 19E(6) substituted (6.4.2014) by [Tribunals, Courts and Enforcement Act 2007 (c. 15)](https://www.legislation.gov.uk/ukpga/2007/15), [s. 148](https://www.legislation.gov.uk/ukpga/2007/15/section/148), [Sch. 13 para. 109(3)](https://www.legislation.gov.uk/ukpga/2007/15/schedule/13/paragraph/109/3) (with [s. 89](https://www.legislation.gov.uk/ukpga/2007/15/section/89)); [S.I. 2014/768](https://www.legislation.gov.uk/uksi/2014/768), [art. 2(1)(b)](https://www.legislation.gov.uk/uksi/2014/768/article/2/1/b)
[^key-cb1dcfee6c6c41a6daeade6a67a4252e]: [S. 234(1)](https://www.legislation.gov.uk/ukpga/1992/52/section/234/1)[(1A)](https://www.legislation.gov.uk/ukpga/1992/52/section/234/1A) substituted for [s. 234(1)](https://www.legislation.gov.uk/ukpga/1992/52/section/234/1) (1.3.2017) by [Trade Union Act 2016 (c. 15)](https://www.legislation.gov.uk/ukpga/2016/15), [ss. 9(1)](https://www.legislation.gov.uk/ukpga/2016/15/section/9/1), [25(1)](https://www.legislation.gov.uk/ukpga/2016/15/section/25/1) (with [s. 9(2)](https://www.legislation.gov.uk/ukpga/2016/15/section/9/2)); [S.I. 2017/139](https://www.legislation.gov.uk/uksi/2017/139), [reg. 2(g)](https://www.legislation.gov.uk/uksi/2017/139/regulation/2/g)
[^key-cf4ae8414b2398b5a20c00e59a61d8b4]: [S. 25(6A)](https://www.legislation.gov.uk/ukpga/1992/52/section/25/6A) inserted (1.6.2016) by [Transparency of Lobbying, Non-Party Campaigning and Trade Union Administration Act 2014 (c. 4)](https://www.legislation.gov.uk/ukpga/2014/4), [ss. 43(4)](https://www.legislation.gov.uk/ukpga/2014/4/section/43/4), [45(1)(c)](https://www.legislation.gov.uk/ukpga/2014/4/section/45/1/c); [S.I. 2015/717](https://www.legislation.gov.uk/uksi/2015/717), [art. 4(b)](https://www.legislation.gov.uk/uksi/2015/717/article/4/b)
[^key-d00ff97ec62d884f3f908106cad22398]: Words in [s. 103(8)](https://www.legislation.gov.uk/ukpga/1992/52/section/103/8) substituted (1.4.2022) by [Trade Union Act 2016 (c. 15)](https://www.legislation.gov.uk/ukpga/2016/15), [s. 25(1)](https://www.legislation.gov.uk/ukpga/2016/15/section/25/1), [Sch. 2 para. 8(9)](https://www.legislation.gov.uk/ukpga/2016/15/schedule/2/paragraph/8/9); [S.I. 2021/1373](https://www.legislation.gov.uk/uksi/2021/1373), [reg. 4(b)](https://www.legislation.gov.uk/uksi/2021/1373/regulation/4/b) (with [reg. 14](https://www.legislation.gov.uk/uksi/2021/1373/regulation/14))
[^key-d0d7bd2b618bab1206f23ad7b3fa6e4c]: Words in [s. 79(2)](https://www.legislation.gov.uk/ukpga/1992/52/section/79/2) substituted (1.4.2022) by [Trade Union Act 2016 (c. 15)](https://www.legislation.gov.uk/ukpga/2016/15), [s. 25(1)](https://www.legislation.gov.uk/ukpga/2016/15/section/25/1), [Sch. 2 para. 5(3)](https://www.legislation.gov.uk/ukpga/2016/15/schedule/2/paragraph/5/3); [S.I. 2021/1373](https://www.legislation.gov.uk/uksi/2021/1373), [reg. 4(b)](https://www.legislation.gov.uk/uksi/2021/1373/regulation/4/b) (with [reg. 11](https://www.legislation.gov.uk/uksi/2021/1373/regulation/11))
[^key-cb1dcfee6c6c41a6daeade6a67a4252e]: S. 234(1)(1A) substituted for s. 234(1) (1.3.2017) by [Trade Union Act 2016 (c. 15)](https://www.legislation.gov.uk/ukpga/2016/15), [ss. 9(1)](https://www.legislation.gov.uk/ukpga/2016/15/section/9/1), [25(1)](https://www.legislation.gov.uk/ukpga/2016/15/section/25/1) (with [s. 9(2)](https://www.legislation.gov.uk/ukpga/2016/15/section/9/2)); [S.I. 2017/139](https://www.legislation.gov.uk/uksi/2017/139), [reg. 2(g)](https://www.legislation.gov.uk/uksi/2017/139/regulation/2/g)
[^key-d00ff97ec62d884f3f908106cad22398]: Words in s. 103(8) substituted (1.4.2022) by [Trade Union Act 2016 (c. 15)](https://www.legislation.gov.uk/ukpga/2016/15), [s. 25(1)](https://www.legislation.gov.uk/ukpga/2016/15/section/25/1), [Sch. 2 para. 8(9)](https://www.legislation.gov.uk/ukpga/2016/15/schedule/2/paragraph/8/9); [S.I. 2021/1373](https://www.legislation.gov.uk/uksi/2021/1373), [reg. 4(b)](https://www.legislation.gov.uk/uksi/2021/1373/regulation/4/b) (with [reg. 14](https://www.legislation.gov.uk/uksi/2021/1373/regulation/14))
[^key-d0d7bd2b618bab1206f23ad7b3fa6e4c]: Words in s. 79(2) substituted (1.4.2022) by [Trade Union Act 2016 (c. 15)](https://www.legislation.gov.uk/ukpga/2016/15), [s. 25(1)](https://www.legislation.gov.uk/ukpga/2016/15/section/25/1), [Sch. 2 para. 5(3)](https://www.legislation.gov.uk/ukpga/2016/15/schedule/2/paragraph/5/3); [S.I. 2021/1373](https://www.legislation.gov.uk/uksi/2021/1373), [reg. 4(b)](https://www.legislation.gov.uk/uksi/2021/1373/regulation/4/b) (with [reg. 11](https://www.legislation.gov.uk/uksi/2021/1373/regulation/11))
[^key-d217971c2c69b47cfd3500958227c0da]: S. 256(1)(c) and preceding word inserted (1.6.2016) by [Transparency of Lobbying, Non-Party Campaigning and Trade Union Administration Act 2014 (c. 4)](https://www.legislation.gov.uk/ukpga/2014/4), [ss. 43(7)(b)](https://www.legislation.gov.uk/ukpga/2014/4/section/43/7/b), [45(1)(c)](https://www.legislation.gov.uk/ukpga/2014/4/section/45/1/c); [S.I. 2015/717](https://www.legislation.gov.uk/uksi/2015/717), [art. 4(b)](https://www.legislation.gov.uk/uksi/2015/717/article/4/b)
[^key-d284fdb4b76be70d6c2b605f3b1cbf6d]: Words in [s. 103 heading](https://www.legislation.gov.uk/ukpga/1992/52/part/I/chapter/VII/crossheading/amalgamation-or-transfer-of-engagements) substituted (1.4.2022) by [Trade Union Act 2016 (c. 15)](https://www.legislation.gov.uk/ukpga/2016/15), [s. 25(1)](https://www.legislation.gov.uk/ukpga/2016/15/section/25/1), [Sch. 2 para. 8(2)](https://www.legislation.gov.uk/ukpga/2016/15/schedule/2/paragraph/8/2); [S.I. 2021/1373](https://www.legislation.gov.uk/uksi/2021/1373), [reg. 4(b)](https://www.legislation.gov.uk/uksi/2021/1373/regulation/4/b) (with [reg. 14](https://www.legislation.gov.uk/uksi/2021/1373/regulation/14))
[^key-d284fdb4b76be70d6c2b605f3b1cbf6d]: Words in s. 103 heading substituted (1.4.2022) by [Trade Union Act 2016 (c. 15)](https://www.legislation.gov.uk/ukpga/2016/15), [s. 25(1)](https://www.legislation.gov.uk/ukpga/2016/15/section/25/1), [Sch. 2 para. 8(2)](https://www.legislation.gov.uk/ukpga/2016/15/schedule/2/paragraph/8/2); [S.I. 2021/1373](https://www.legislation.gov.uk/uksi/2021/1373), [reg. 4(b)](https://www.legislation.gov.uk/uksi/2021/1373/regulation/4/b) (with [reg. 14](https://www.legislation.gov.uk/uksi/2021/1373/regulation/14))
[^key-d43a9fc51710a2cc97dfffb448689913]: Words in s. 279(2)(b) substituted (1.4.2013) by [Health and Social Care Act 2012 (c. 7)](https://www.legislation.gov.uk/ukpga/2012/7), [s. 306(4)](https://www.legislation.gov.uk/ukpga/2012/7/section/306/4), [Sch. 5 para. 66(e)](https://www.legislation.gov.uk/ukpga/2012/7/schedule/5/paragraph/66/e); [S.I. 2013/160](https://www.legislation.gov.uk/uksi/2013/160), [art. 2(2)](https://www.legislation.gov.uk/uksi/2013/160/article/2/2) (with [arts. 7-9](https://www.legislation.gov.uk/uksi/2013/160/article/7))
[^key-d4571a2272ae65261d2f276349b22f41]: [S. 229(2B)-(2D)](https://www.legislation.gov.uk/ukpga/1992/52/section/229/2B) inserted (1.3.2017) by [Trade Union Act 2016 (c. 15)](https://www.legislation.gov.uk/ukpga/2016/15), [ss. 5(1)](https://www.legislation.gov.uk/ukpga/2016/15/section/5/1), [25(1)](https://www.legislation.gov.uk/ukpga/2016/15/section/25/1) (with [s. 5(2)](https://www.legislation.gov.uk/ukpga/2016/15/section/5/2)); [S.I. 2017/139](https://www.legislation.gov.uk/uksi/2017/139), [reg. 2(c)](https://www.legislation.gov.uk/uksi/2017/139/regulation/2/c)
[^key-d59b7238b582e7b724ebff8d5c405221]: S. 86 heading substituted (1.3.2017) by [Trade Union Act 2016 (c. 15)](https://www.legislation.gov.uk/ukpga/2016/15), [s. 25(1)](https://www.legislation.gov.uk/ukpga/2016/15/section/25/1), [Sch. 4 para. 7(2)](https://www.legislation.gov.uk/ukpga/2016/15/schedule/4/paragraph/7/2); [S.I. 2017/139](https://www.legislation.gov.uk/uksi/2017/139), [reg. 2(n)(i)](https://www.legislation.gov.uk/uksi/2017/139/regulation/2/n/i) (with [reg. 4](https://www.legislation.gov.uk/uksi/2017/139/regulation/4))
[^key-d5a219e86421010851ca36365c2674b0]: Words in s. 298 inserted (1.10.2011) by [The Agency Workers Regulations 2010 (S.I. 2010/93)](https://www.legislation.gov.uk/uksi/2010/93), [reg. 1(1)](https://www.legislation.gov.uk/uksi/2010/93/regulation/1/1), [Sch. 2 para. 5](https://www.legislation.gov.uk/uksi/2010/93/schedule/2/paragraph/5)
[^key-d5d2466d4c16bd8e9e9790b78385686e]: [S. 292A](https://www.legislation.gov.uk/ukpga/1992/52/section/292A) inserted (6.4.2014) by [Enterprise and Regulatory Reform Act 2013 (c. 24)](https://www.legislation.gov.uk/ukpga/2013/24), [s. 103(3)](https://www.legislation.gov.uk/ukpga/2013/24/section/103/3), [Sch. 2 para. 13](https://www.legislation.gov.uk/ukpga/2013/24/schedule/2/paragraph/13); [S.I. 2014/253](https://www.legislation.gov.uk/uksi/2014/253), [art. 3(g)](https://www.legislation.gov.uk/uksi/2014/253/article/3/g)
[^key-d7107993ff1079c0171c7637f1a151f1]: [S. 82(1)(b)](https://www.legislation.gov.uk/ukpga/1992/52/section/82/1/b) substituted (1.3.2017) by [Trade Union Act 2016 (c. 15)](https://www.legislation.gov.uk/ukpga/2016/15), [s. 25(1)](https://www.legislation.gov.uk/ukpga/2016/15/section/25/1), [Sch. 4 para. 6(2)](https://www.legislation.gov.uk/ukpga/2016/15/schedule/4/paragraph/6/2); [S.I. 2017/139](https://www.legislation.gov.uk/uksi/2017/139), [reg. 2(n)(i)](https://www.legislation.gov.uk/uksi/2017/139/regulation/2/n/i) (with [reg. 4](https://www.legislation.gov.uk/uksi/2017/139/regulation/4))
[^key-d7107993ff1079c0171c7637f1a151f1]: S. 82(1)(b) substituted (1.3.2017) by [Trade Union Act 2016 (c. 15)](https://www.legislation.gov.uk/ukpga/2016/15), [s. 25(1)](https://www.legislation.gov.uk/ukpga/2016/15/section/25/1), [Sch. 4 para. 6(2)](https://www.legislation.gov.uk/ukpga/2016/15/schedule/4/paragraph/6/2); [S.I. 2017/139](https://www.legislation.gov.uk/uksi/2017/139), [reg. 2(n)(i)](https://www.legislation.gov.uk/uksi/2017/139/regulation/2/n/i) (with [reg. 4](https://www.legislation.gov.uk/uksi/2017/139/regulation/4))
[^key-d7973811fb21ac0c1078792d0560d7d4]: Words in [s. 31(5)](https://www.legislation.gov.uk/ukpga/1992/52/section/31/5) inserted (1.4.2022) by [Trade Union Act 2016 (c. 15)](https://www.legislation.gov.uk/ukpga/2016/15), [ss. 19(4)](https://www.legislation.gov.uk/ukpga/2016/15/section/19/4), [25(1)](https://www.legislation.gov.uk/ukpga/2016/15/section/25/1); [S.I. 2021/1373](https://www.legislation.gov.uk/uksi/2021/1373), [reg. 4(c)](https://www.legislation.gov.uk/uksi/2021/1373/regulation/4/c) (with [reg. 15](https://www.legislation.gov.uk/uksi/2021/1373/regulation/15))
[^key-d818274c26c950b34775e99a5468fe90]: [S. 54(1)](https://www.legislation.gov.uk/ukpga/1992/52/section/54/1) substituted (1.4.2022) by [Trade Union Act 2016 (c. 15)](https://www.legislation.gov.uk/ukpga/2016/15), [s. 25(1)](https://www.legislation.gov.uk/ukpga/2016/15/section/25/1), [Sch. 2 para. 2(2)](https://www.legislation.gov.uk/ukpga/2016/15/schedule/2/paragraph/2/2); [S.I. 2021/1373](https://www.legislation.gov.uk/uksi/2021/1373), [reg. 4(b)](https://www.legislation.gov.uk/uksi/2021/1373/regulation/4/b) (with [reg. 8](https://www.legislation.gov.uk/uksi/2021/1373/regulation/8))
[^key-da2524ae5e695fcb010aa1cd0f4cee8c]: Words in [s. 80(5C)](https://www.legislation.gov.uk/ukpga/1992/52/section/80/5C) substituted (1.4.2022) by [Trade Union Act 2016 (c. 15)](https://www.legislation.gov.uk/ukpga/2016/15), [s. 25(1)](https://www.legislation.gov.uk/ukpga/2016/15/section/25/1), [Sch. 2 para. 6(4)](https://www.legislation.gov.uk/ukpga/2016/15/schedule/2/paragraph/6/4); [S.I. 2021/1373](https://www.legislation.gov.uk/uksi/2021/1373), [reg. 4(b)](https://www.legislation.gov.uk/uksi/2021/1373/regulation/4/b) (with [reg. 12](https://www.legislation.gov.uk/uksi/2021/1373/regulation/12))
[^key-d818274c26c950b34775e99a5468fe90]: S. 54(1) substituted (1.4.2022) by [Trade Union Act 2016 (c. 15)](https://www.legislation.gov.uk/ukpga/2016/15), [s. 25(1)](https://www.legislation.gov.uk/ukpga/2016/15/section/25/1), [Sch. 2 para. 2(2)](https://www.legislation.gov.uk/ukpga/2016/15/schedule/2/paragraph/2/2); [S.I. 2021/1373](https://www.legislation.gov.uk/uksi/2021/1373), [reg. 4(b)](https://www.legislation.gov.uk/uksi/2021/1373/regulation/4/b) (with [reg. 8](https://www.legislation.gov.uk/uksi/2021/1373/regulation/8))
[^key-da2524ae5e695fcb010aa1cd0f4cee8c]: Words in s. 80(5C) substituted (1.4.2022) by [Trade Union Act 2016 (c. 15)](https://www.legislation.gov.uk/ukpga/2016/15), [s. 25(1)](https://www.legislation.gov.uk/ukpga/2016/15/section/25/1), [Sch. 2 para. 6(4)](https://www.legislation.gov.uk/ukpga/2016/15/schedule/2/paragraph/6/4); [S.I. 2021/1373](https://www.legislation.gov.uk/uksi/2021/1373), [reg. 4(b)](https://www.legislation.gov.uk/uksi/2021/1373/regulation/4/b) (with [reg. 12](https://www.legislation.gov.uk/uksi/2021/1373/regulation/12))
[^key-da79b1046530d359da892a7cc2071e96]: Words in s. 298 inserted (1.3.2017) by [Trade Union Act 2016 (c. 15)](https://www.legislation.gov.uk/ukpga/2016/15), [s. 25(1)](https://www.legislation.gov.uk/ukpga/2016/15/section/25/1), [Sch. 4 para. 18](https://www.legislation.gov.uk/ukpga/2016/15/schedule/4/paragraph/18); [S.I. 2017/139](https://www.legislation.gov.uk/uksi/2017/139), [reg. 2(n)(ii)](https://www.legislation.gov.uk/uksi/2017/139/regulation/2/n/ii)
@@ -15689,8 +15665,6 @@
[^key-ddce4b35a3d207ff7cfe029d608f88d0]: Word in s. 226(2)(a)(ii) omitted (1.3.2017) by virtue of [Trade Union Act 2016 (c. 15)](https://www.legislation.gov.uk/ukpga/2016/15), [s. 25(1)](https://www.legislation.gov.uk/ukpga/2016/15/section/25/1), [Sch. 4 para. 12](https://www.legislation.gov.uk/ukpga/2016/15/schedule/4/paragraph/12); [S.I. 2017/139](https://www.legislation.gov.uk/uksi/2017/139), [reg. 2(n)(i)](https://www.legislation.gov.uk/uksi/2017/139/regulation/2/n/i)
[^key-df85b8285ba302710baa7a3b5a8be85a]: [S. 256C](https://www.legislation.gov.uk/ukpga/1992/52/section/256C) inserted (8.12.2021 for specified purposes, 1.4.2022 in so far as not already in force) by [Trade Union Act 2016 (c. 15)](https://www.legislation.gov.uk/ukpga/2016/15), [ss. 17(1)](https://www.legislation.gov.uk/ukpga/2016/15/section/17/1), [25(1)](https://www.legislation.gov.uk/ukpga/2016/15/section/25/1); [S.I. 2021/1373](https://www.legislation.gov.uk/uksi/2021/1373), [regs. 3(a)](https://www.legislation.gov.uk/uksi/2021/1373/regulation/3/a), [4(b)](https://www.legislation.gov.uk/uksi/2021/1373/regulation/4/b) (with [regs. 5-14](https://www.legislation.gov.uk/uksi/2021/1373/regulation/5))
[^key-e0a4ea5c0a20591ffb029f5696a874d5]: [S. 138(2A)](https://www.legislation.gov.uk/ukpga/1992/52/section/138/2A) inserted (6.4.2014) by [Enterprise and Regulatory Reform Act 2013 (c. 24)](https://www.legislation.gov.uk/ukpga/2013/24), [s. 103(3)](https://www.legislation.gov.uk/ukpga/2013/24/section/103/3), [Sch. 3 para. 1](https://www.legislation.gov.uk/ukpga/2013/24/schedule/3/paragraph/1) (with [s. 24(5)](https://www.legislation.gov.uk/ukpga/2013/24/section/24/5)); [S.I. 2014/253](https://www.legislation.gov.uk/uksi/2014/253), [art. 3(h)](https://www.legislation.gov.uk/uksi/2014/253/article/3/h)
[^key-e3e6d6c9094ce3f4429705957428a5ec]: Words in s. 279(2) omitted (1.4.2013) by virtue of [Health and Social Care Act 2012 (c. 7)](https://www.legislation.gov.uk/ukpga/2012/7), [s. 306(4)](https://www.legislation.gov.uk/ukpga/2012/7/section/306/4), [Sch. 5 para. 66(g)](https://www.legislation.gov.uk/ukpga/2012/7/schedule/5/paragraph/66/g); [S.I. 2013/160](https://www.legislation.gov.uk/uksi/2013/160), [art. 2(2)](https://www.legislation.gov.uk/uksi/2013/160/article/2/2) (with [arts. 7-9](https://www.legislation.gov.uk/uksi/2013/160/article/7))
@@ -15703,43 +15677,31 @@
[^key-e8a483f1ec0e37a640a8a0e2e2c5217e]: Word in [s. 279(1)](https://www.legislation.gov.uk/ukpga/1992/52/section/279/1/a) substituted (1.7.2022) by [Health and Care Act 2022 (c. 31)](https://www.legislation.gov.uk/ukpga/2022/31), [s. 186(6)](https://www.legislation.gov.uk/ukpga/2022/31/section/186/6), [Sch. 1 para. 4(b)](https://www.legislation.gov.uk/ukpga/2022/31/schedule/1/paragraph/4/b); [S.I. 2022/734](https://www.legislation.gov.uk/uksi/2022/734), [reg. 2(a)](https://www.legislation.gov.uk/uksi/2022/734/regulation/2/a), [Sch.](https://www.legislation.gov.uk/uksi/2022/734/schedule) (with [regs. 13](https://www.legislation.gov.uk/uksi/2022/734/regulation/13), [29](https://www.legislation.gov.uk/uksi/2022/734/regulation/29), [30](https://www.legislation.gov.uk/uksi/2022/734/regulation/30))
[^key-e922a35dae7522384beef443125eb5fc]: Words in [s. 54(2)](https://www.legislation.gov.uk/ukpga/1992/52/section/54/2) substituted (1.4.2022) by [Trade Union Act 2016 (c. 15)](https://www.legislation.gov.uk/ukpga/2016/15), [s. 25(1)](https://www.legislation.gov.uk/ukpga/2016/15/section/25/1), [Sch. 2 para. 2(3)](https://www.legislation.gov.uk/ukpga/2016/15/schedule/2/paragraph/2/3); [S.I. 2021/1373](https://www.legislation.gov.uk/uksi/2021/1373), [reg. 4(b)](https://www.legislation.gov.uk/uksi/2021/1373/regulation/4/b) (with [reg. 8](https://www.legislation.gov.uk/uksi/2021/1373/regulation/8))
[^key-ea5a95ffde48a88e65c5d1d049f92d77]: S. 172A inserted (1.3.2017) by [Trade Union Act 2016 (c. 15)](https://www.legislation.gov.uk/ukpga/2016/15), [ss. 13](https://www.legislation.gov.uk/ukpga/2016/15/section/13), [25(1)](https://www.legislation.gov.uk/ukpga/2016/15/section/25/1); [S.I. 2017/139](https://www.legislation.gov.uk/uksi/2017/139), [reg. 2(k)](https://www.legislation.gov.uk/uksi/2017/139/regulation/2/k)
[^key-e922a35dae7522384beef443125eb5fc]: Words in s. 54(2) substituted (1.4.2022) by [Trade Union Act 2016 (c. 15)](https://www.legislation.gov.uk/ukpga/2016/15), [s. 25(1)](https://www.legislation.gov.uk/ukpga/2016/15/section/25/1), [Sch. 2 para. 2(3)](https://www.legislation.gov.uk/ukpga/2016/15/schedule/2/paragraph/2/3); [S.I. 2021/1373](https://www.legislation.gov.uk/uksi/2021/1373), [reg. 4(b)](https://www.legislation.gov.uk/uksi/2021/1373/regulation/4/b) (with [reg. 8](https://www.legislation.gov.uk/uksi/2021/1373/regulation/8))
[^key-eb632c32a276d0e64979de64dfb8a7ad]: Words in [s. 70B(5)](https://www.legislation.gov.uk/ukpga/1992/52/section/70B/5) inserted (1.10.2011) by [The Agency Workers Regulations 2010 (S.I. 2010/93)](https://www.legislation.gov.uk/uksi/2010/93), [reg. 1(1)](https://www.legislation.gov.uk/uksi/2010/93/regulation/1/1), [Sch. 2 para. 2(b)](https://www.legislation.gov.uk/uksi/2010/93/schedule/2/paragraph/2/b)
[^key-eb90ab7cc4b3c4ae375e3507e01c43d1]: [S. 32ZC](https://www.legislation.gov.uk/ukpga/1992/52/section/32ZC) inserted (1.3.2017) by [Trade Union Act 2016 (c. 15)](https://www.legislation.gov.uk/ukpga/2016/15), [ss. 18(1)](https://www.legislation.gov.uk/ukpga/2016/15/section/18/1), [25(1)](https://www.legislation.gov.uk/ukpga/2016/15/section/25/1) (with [s. 18(2)](https://www.legislation.gov.uk/ukpga/2016/15/section/18/2)); [S.I. 2017/139](https://www.legislation.gov.uk/uksi/2017/139), [reg. 2(m)](https://www.legislation.gov.uk/uksi/2017/139/regulation/2/m)
[^key-ebe6fdcc9c0bef2adf11863a1fbcfdd4]: Words in [s. 188(1A)(a)](https://www.legislation.gov.uk/ukpga/1992/52/section/188/1A/a) substituted (with application in accordance with art. 2 of the amending S.I.) by [The Trade Union and Labour Relations (Consolidation) Act 1992 (Amendment) Order 2013 (S.I. 2013/763)](https://www.legislation.gov.uk/uksi/2013/763), [arts. 1](https://www.legislation.gov.uk/uksi/2013/763/article/1), [3(2)](https://www.legislation.gov.uk/uksi/2013/763/article/3/2)
[^key-ed333713f9520990787b2f4c1cb06add]: Words in [s. 45C(7)](https://www.legislation.gov.uk/ukpga/1992/52/section/45C/7) omitted (1.4.2022) by virtue of [Trade Union Act 2016 (c. 15)](https://www.legislation.gov.uk/ukpga/2016/15), [s. 25(1)](https://www.legislation.gov.uk/ukpga/2016/15/section/25/1), [Sch. 2 para. 1(6)](https://www.legislation.gov.uk/ukpga/2016/15/schedule/2/paragraph/1/6); [S.I. 2021/1373](https://www.legislation.gov.uk/uksi/2021/1373), [reg. 4(b)](https://www.legislation.gov.uk/uksi/2021/1373/regulation/4/b) (with [reg. 7](https://www.legislation.gov.uk/uksi/2021/1373/regulation/7))
[^key-edb445d2b35e377b7fb0f296131bd723]: S. 234A(4)(b) substituted (1.3.2017) by [Trade Union Act 2016 (c. 15)](https://www.legislation.gov.uk/ukpga/2016/15), [ss. 8(1)](https://www.legislation.gov.uk/ukpga/2016/15/section/8/1), [25(1)](https://www.legislation.gov.uk/ukpga/2016/15/section/25/1) (with [s. 8(2)](https://www.legislation.gov.uk/ukpga/2016/15/section/8/2)); [S.I. 2017/139](https://www.legislation.gov.uk/uksi/2017/139), [reg. 2(f)](https://www.legislation.gov.uk/uksi/2017/139/regulation/2/f)
[^key-ed333713f9520990787b2f4c1cb06add]: Words in s. 45C(7) omitted (1.4.2022) by virtue of [Trade Union Act 2016 (c. 15)](https://www.legislation.gov.uk/ukpga/2016/15), [s. 25(1)](https://www.legislation.gov.uk/ukpga/2016/15/section/25/1), [Sch. 2 para. 1(6)](https://www.legislation.gov.uk/ukpga/2016/15/schedule/2/paragraph/1/6); [S.I. 2021/1373](https://www.legislation.gov.uk/uksi/2021/1373), [reg. 4(b)](https://www.legislation.gov.uk/uksi/2021/1373/regulation/4/b) (with [reg. 7](https://www.legislation.gov.uk/uksi/2021/1373/regulation/7))
[^key-ef08048519585e6896656b718dda3f85]: Words in [s. 284](https://www.legislation.gov.uk/ukpga/1992/52/section/284) omitted (13.4.2018) by virtue of [The Seafarers (Insolvency, Collective Redundancies and Information and Consultation Miscellaneous Amendments) Regulations 2018 (S.I. 2018/407)](https://www.legislation.gov.uk/uksi/2018/407), [regs. 1(1)](https://www.legislation.gov.uk/uksi/2018/407/regulation/1/1), [3(2)](https://www.legislation.gov.uk/uksi/2018/407/regulation/3/2) (with [reg. 3(3)](https://www.legislation.gov.uk/uksi/2018/407/regulation/3/3))
[^key-f0ed7a4883d827daa1628f03b5d58683]: [Sch. 2 para. 3(1)-(3)](https://www.legislation.gov.uk/ukpga/1992/52/schedule/2/paragraph/3/1) repealed (1.10.2010) by [The Equality Act 2010 (Consequential Amendments, Saving and Supplementary Provisions) Order 2010 (S.I. 2010/2279)](https://www.legislation.gov.uk/uksi/2010/2279), [art. 1(2)](https://www.legislation.gov.uk/uksi/2010/2279/article/1/2), [Sch. 2](https://www.legislation.gov.uk/uksi/2010/2279/schedule/2) (see S.I. 2010/2317, art. 2)
[^key-f2ed961af8656dd4f30caae0f5621064]: Words in [s. 45C(1)](https://www.legislation.gov.uk/ukpga/1992/52/section/45C/1) substituted (1.4.2022) by [Trade Union Act 2016 (c. 15)](https://www.legislation.gov.uk/ukpga/2016/15), [s. 25(1)](https://www.legislation.gov.uk/ukpga/2016/15/section/25/1), [Sch. 2 para. 1(2)](https://www.legislation.gov.uk/ukpga/2016/15/schedule/2/paragraph/1/2); [S.I. 2021/1373](https://www.legislation.gov.uk/uksi/2021/1373), [reg. 4(b)](https://www.legislation.gov.uk/uksi/2021/1373/regulation/4/b) (with [reg. 7](https://www.legislation.gov.uk/uksi/2021/1373/regulation/7))
[^key-f5190d91a2e1a45cd61a3c7c53367ee7]: [S. 32ZA](https://www.legislation.gov.uk/ukpga/1992/52/section/32ZA) inserted (1.3.2017) by [Trade Union Act 2016 (c. 15)](https://www.legislation.gov.uk/ukpga/2016/15), [ss. 7(1)](https://www.legislation.gov.uk/ukpga/2016/15/section/7/1), [25(1)](https://www.legislation.gov.uk/ukpga/2016/15/section/25/1) (with [s. 7(2)](https://www.legislation.gov.uk/ukpga/2016/15/section/7/2)); [S.I. 2017/139](https://www.legislation.gov.uk/uksi/2017/139), [reg. 2(e)](https://www.legislation.gov.uk/uksi/2017/139/regulation/2/e)
[^key-f603181507ce1493d4b9eef23dcddd9c]: [S. 103(3A)](https://www.legislation.gov.uk/ukpga/1992/52/section/103/3A) inserted (1.4.2022) by [Trade Union Act 2016 (c. 15)](https://www.legislation.gov.uk/ukpga/2016/15), [s. 25(1)](https://www.legislation.gov.uk/ukpga/2016/15/section/25/1), [Sch. 2 para. 8(6)](https://www.legislation.gov.uk/ukpga/2016/15/schedule/2/paragraph/8/6); [S.I. 2021/1373](https://www.legislation.gov.uk/uksi/2021/1373), [reg. 4(b)](https://www.legislation.gov.uk/uksi/2021/1373/regulation/4/b) (with [reg. 14](https://www.legislation.gov.uk/uksi/2021/1373/regulation/14))
[^key-f7c1b0697466e54e05ef5ccac8ecb39d]: Word in [s. 45D](https://www.legislation.gov.uk/ukpga/1992/52/section/45D) inserted (1.3.2017) by [Trade Union Act 2016 (c. 15)](https://www.legislation.gov.uk/ukpga/2016/15), [ss. 18(4)](https://www.legislation.gov.uk/ukpga/2016/15/section/18/4), [25(1)](https://www.legislation.gov.uk/ukpga/2016/15/section/25/1); [S.I. 2017/139](https://www.legislation.gov.uk/uksi/2017/139), [reg. 2(m)](https://www.legislation.gov.uk/uksi/2017/139/regulation/2/m)
[^key-f2ed961af8656dd4f30caae0f5621064]: Words in s. 45C(1) substituted (1.4.2022) by [Trade Union Act 2016 (c. 15)](https://www.legislation.gov.uk/ukpga/2016/15), [s. 25(1)](https://www.legislation.gov.uk/ukpga/2016/15/section/25/1), [Sch. 2 para. 1(2)](https://www.legislation.gov.uk/ukpga/2016/15/schedule/2/paragraph/1/2); [S.I. 2021/1373](https://www.legislation.gov.uk/uksi/2021/1373), [reg. 4(b)](https://www.legislation.gov.uk/uksi/2021/1373/regulation/4/b) (with [reg. 7](https://www.legislation.gov.uk/uksi/2021/1373/regulation/7))
[^key-f603181507ce1493d4b9eef23dcddd9c]: S. 103(3A) inserted (1.4.2022) by [Trade Union Act 2016 (c. 15)](https://www.legislation.gov.uk/ukpga/2016/15), [s. 25(1)](https://www.legislation.gov.uk/ukpga/2016/15/section/25/1), [Sch. 2 para. 8(6)](https://www.legislation.gov.uk/ukpga/2016/15/schedule/2/paragraph/8/6); [S.I. 2021/1373](https://www.legislation.gov.uk/uksi/2021/1373), [reg. 4(b)](https://www.legislation.gov.uk/uksi/2021/1373/regulation/4/b) (with [reg. 14](https://www.legislation.gov.uk/uksi/2021/1373/regulation/14))
[^key-fac6a8013704585858a01ae7ced8be35]: Words in s. 24A(3) inserted (30.1.2014 for specified purposes, 6.4.2015 in so far as not already in force and with application in accordance with art. 3 of the commencing S.I.) by [Transparency of Lobbying, Non-Party Campaigning and Trade Union Administration Act 2014 (c. 4)](https://www.legislation.gov.uk/ukpga/2014/4), [ss. 41(3)](https://www.legislation.gov.uk/ukpga/2014/4/section/41/3), [45(3)(c)](https://www.legislation.gov.uk/ukpga/2014/4/section/45/3/c); [S.I. 2015/717](https://www.legislation.gov.uk/uksi/2015/717), [art. 3(1)(b)](https://www.legislation.gov.uk/uksi/2015/717/article/3/1/b)
[^key-fbd8ad09b0312c85f756b94fb3665491]: [S. 212A(1)(zza)](https://www.legislation.gov.uk/ukpga/1992/52/section/212A/1/zza) inserted (6.4.2010 for specified purposes) by [Apprenticeships, Skills, Children and Learning Act 2009 (c. 22)](https://www.legislation.gov.uk/ukpga/2009/22), [s. 269(4)](https://www.legislation.gov.uk/ukpga/2009/22/section/269/4), [Sch. 1 para. 13(a)](https://www.legislation.gov.uk/ukpga/2009/22/schedule/1/paragraph/13/a); [S.I. 2010/303](https://www.legislation.gov.uk/uksi/2010/303), [art. 4](https://www.legislation.gov.uk/uksi/2010/303/article/4), [Sch. 3](https://www.legislation.gov.uk/uksi/2010/303/schedule/3)
[^key-fc29baed43f607353bf69537ebfbfa7a]: Words in [s. 80 heading](https://www.legislation.gov.uk/ukpga/1992/52/part/I/chapter/VI/crossheading/political-resolution) substituted (1.4.2022) by [Trade Union Act 2016 (c. 15)](https://www.legislation.gov.uk/ukpga/2016/15), [s. 25(1)](https://www.legislation.gov.uk/ukpga/2016/15/section/25/1), [Sch. 2 para. 6(2)](https://www.legislation.gov.uk/ukpga/2016/15/schedule/2/paragraph/6/2); [S.I. 2021/1373](https://www.legislation.gov.uk/uksi/2021/1373), [reg. 4(b)](https://www.legislation.gov.uk/uksi/2021/1373/regulation/4/b) (with [reg. 12](https://www.legislation.gov.uk/uksi/2021/1373/regulation/12))
[^key-fd81d4d5dad2e901cfd65664f5ac5fc2]: Words in Sch. A1 para. 120(6) substituted (6.4.2014) by [Tribunals, Courts and Enforcement Act 2007 (c. 15)](https://www.legislation.gov.uk/ukpga/2007/15), [s. 148](https://www.legislation.gov.uk/ukpga/2007/15/section/148), [Sch. 13 para. 111(2)](https://www.legislation.gov.uk/ukpga/2007/15/schedule/13/paragraph/111/2) (with [s. 89](https://www.legislation.gov.uk/ukpga/2007/15/section/89)); [S.I. 2014/768](https://www.legislation.gov.uk/uksi/2014/768), [art. 2(1)(b)](https://www.legislation.gov.uk/uksi/2014/768/article/2/1/b)
[^key-fdebdf6b0d915b9356051d603cf22d2f]: S. 233(1) substituted for s. 233(1)-(3) (1.3.2017) by [Trade Union Act 2016 (c. 15)](https://www.legislation.gov.uk/ukpga/2016/15), [s. 25(1)](https://www.legislation.gov.uk/ukpga/2016/15/section/25/1), [Sch. 4 para. 13](https://www.legislation.gov.uk/ukpga/2016/15/schedule/4/paragraph/13) (with [s. 9(2)](https://www.legislation.gov.uk/ukpga/2016/15/section/9/2)); [S.I. 2017/139](https://www.legislation.gov.uk/uksi/2017/139), [reg. 2(n)(i)](https://www.legislation.gov.uk/uksi/2017/139/regulation/2/n/i)
[^key-fe3f8ee93f72b39e8186626a1e0893ba]: Words in [s. 82(3A)](https://www.legislation.gov.uk/ukpga/1992/52/section/82/3A) omitted (1.4.2022) by virtue of [Trade Union Act 2016 (c. 15)](https://www.legislation.gov.uk/ukpga/2016/15), [s. 25(1)](https://www.legislation.gov.uk/ukpga/2016/15/section/25/1), [Sch. 2 para. 7(4)](https://www.legislation.gov.uk/ukpga/2016/15/schedule/2/paragraph/7/4); [S.I. 2021/1373](https://www.legislation.gov.uk/uksi/2021/1373), [reg. 4(b)](https://www.legislation.gov.uk/uksi/2021/1373/regulation/4/b) (with [reg. 13](https://www.legislation.gov.uk/uksi/2021/1373/regulation/13))
[^key-fe3f8ee93f72b39e8186626a1e0893ba]: Words in s. 82(3A) omitted (1.4.2022) by virtue of [Trade Union Act 2016 (c. 15)](https://www.legislation.gov.uk/ukpga/2016/15), [s. 25(1)](https://www.legislation.gov.uk/ukpga/2016/15/section/25/1), [Sch. 2 para. 7(4)](https://www.legislation.gov.uk/ukpga/2016/15/schedule/2/paragraph/7/4); [S.I. 2021/1373](https://www.legislation.gov.uk/uksi/2021/1373), [reg. 4(b)](https://www.legislation.gov.uk/uksi/2021/1373/regulation/4/b) (with [reg. 13](https://www.legislation.gov.uk/uksi/2021/1373/regulation/13))
[^key-feeb34efa80de84b9b36f5957fc55a55]: Words in s. 299 inserted (1.3.2017) by [Trade Union Act 2016 (c. 15)](https://www.legislation.gov.uk/ukpga/2016/15), [s. 25(1)](https://www.legislation.gov.uk/ukpga/2016/15/section/25/1), [Sch. 4 para. 19](https://www.legislation.gov.uk/ukpga/2016/15/schedule/4/paragraph/19); [S.I. 2017/139](https://www.legislation.gov.uk/uksi/2017/139), [reg. 2(n)(ii)](https://www.legislation.gov.uk/uksi/2017/139/regulation/2/n/ii)
@@ -15773,10 +15735,6 @@
[^key-93bcffe42f604a8b00598da9804d7ffa]: [S. 280](https://www.legislation.gov.uk/ukpga/1992/52/section/280) restricted (1.12.2023) by [Northern Ireland Troubles (Legacy and Reconciliation) Act 2023 (c. 41)](https://www.legislation.gov.uk/ukpga/2023/41), [s. 63(4)](https://www.legislation.gov.uk/ukpga/2023/41/section/63/4), [Sch. 1 paras. 15](https://www.legislation.gov.uk/ukpga/2023/41/schedule/1/paragraph/15), [21](https://www.legislation.gov.uk/ukpga/2023/41/schedule/1/paragraph/21) (with [s. 61](https://www.legislation.gov.uk/ukpga/2023/41/section/61)); [S.I. 2023/1293](https://www.legislation.gov.uk/uksi/2023/1293), [reg. 2(a)](https://www.legislation.gov.uk/uksi/2023/1293/regulation/2/a)
[^key-5f5278268d78d2ad3c569e64af157445]: Word in [s. 296(3)](https://www.legislation.gov.uk/ukpga/1992/52/section/296/3) inserted (1.3.2017 for specified purposes, 9.5.2024 in so far as not already in force) by [Trade Union Act 2016 (c. 15)](https://www.legislation.gov.uk/ukpga/2016/15), [ss. 15(2)](https://www.legislation.gov.uk/ukpga/2016/15/section/15/2), [25(1)](https://www.legislation.gov.uk/ukpga/2016/15/section/25/1); [S.I. 2017/139](https://www.legislation.gov.uk/uksi/2017/139), [reg. 2(l)](https://www.legislation.gov.uk/uksi/2017/139/regulation/2/l); [S.I. 2023/1193](https://www.legislation.gov.uk/uksi/2023/1193), [reg. 2](https://www.legislation.gov.uk/uksi/2023/1193/regulation/2)
[^key-c3dab8c7210cee59cc1cbc200bb57e05]: [S. 116B and cross-heading](https://www.legislation.gov.uk/ukpga/1992/52/chapter/IX/crossheading/deduction-of-trade-union-subscriptions-from-wages) inserted (1.3.2017 for specified purposes, 9.5.2024 in so far as not already in force) by [Trade Union Act 2016 (c. 15)](https://www.legislation.gov.uk/ukpga/2016/15), [ss. 15(1)](https://www.legislation.gov.uk/ukpga/2016/15/section/15/1), [25(1)](https://www.legislation.gov.uk/ukpga/2016/15/section/25/1); [S.I. 2017/139](https://www.legislation.gov.uk/uksi/2017/139), [reg. 2(l)](https://www.legislation.gov.uk/uksi/2017/139/regulation/2/l); [S.I. 2023/1193](https://www.legislation.gov.uk/uksi/2023/1193), [reg. 2](https://www.legislation.gov.uk/uksi/2023/1193/regulation/2)
[^key-26e0a6c959adc53e1f3438b25443e97d]: Words in Sch. A2 inserted (31.7.2023 for specified purposes, 1.10.2024 in so far as not already in force) by [Employment (Allocation of Tips) Act 2023 (c. 13)](https://www.legislation.gov.uk/ukpga/2023/13), [ss. 12(1)](https://www.legislation.gov.uk/ukpga/2023/13/section/12/1), [14(2)](https://www.legislation.gov.uk/ukpga/2023/13/section/14/2); [S.I. 2023/876](https://www.legislation.gov.uk/uksi/2023/876), [reg. 3(c)](https://www.legislation.gov.uk/uksi/2023/876/regulation/3/c); [S.I. 2024/829](https://www.legislation.gov.uk/uksi/2024/829), [reg. 3(l)](https://www.legislation.gov.uk/uksi/2024/829/regulation/3/l)
[^key-f785f71a9e137bef2ab916aac7da538f]: Words in [Sch. A2](https://www.legislation.gov.uk/ukpga/1992/52/schedule/A2) inserted (20.1.2025) by [The Trade Union and Labour Relations (Consolidation) Act 1992 (Amendment of Schedule A2) Order 2024 (S.I. 2024/1272)](https://www.legislation.gov.uk/uksi/2024/1272), [arts. 1(1)](https://www.legislation.gov.uk/uksi/2024/1272/article/1/1), [2](https://www.legislation.gov.uk/uksi/2024/1272/article/2)
@@ -15797,45 +15755,353 @@
[^key-88d2a0de79b6c7c8a8d0c6482341ee86]: Words in [s. 235 heading](https://www.legislation.gov.uk/ukpga/1992/52/part/V/crossheading/construction-of-references-to-contract-of-employment) inserted (18.12.2025) by [Employment Rights Act 2025 (c. 36)](https://www.legislation.gov.uk/ukpga/2025/36), [ss. 78(2)(e)(i)](https://www.legislation.gov.uk/ukpga/2025/36/section/78/2/e/i), [159(1)(c)](https://www.legislation.gov.uk/ukpga/2025/36/section/159/1/c)
[^key-271064f29fa7b0165c4e94b46cf54721]: Words in [s. 219(4)](https://www.legislation.gov.uk/ukpga/1992/52/section/219/4) substituted (18.12.2025) by [Employment Rights Act 2025 (c. 36)](https://www.legislation.gov.uk/ukpga/2025/36), [ss. 78(2)(a)](https://www.legislation.gov.uk/ukpga/2025/36/section/78/2/a), [159(1)(c)](https://www.legislation.gov.uk/ukpga/2025/36/section/159/1/c)
[^key-dd0d91815f6503b1c5164d5b295455bc]: Word in [s. 234A(3)(a)](https://www.legislation.gov.uk/ukpga/1992/52/section/234A/3/a) inserted (18.12.2025) by [Employment Rights Act 2025 (c. 36)](https://www.legislation.gov.uk/ukpga/2025/36), [ss. 78(2)(b)(i)](https://www.legislation.gov.uk/ukpga/2025/36/section/78/2/b/i), [159(1)(c)](https://www.legislation.gov.uk/ukpga/2025/36/section/159/1/c)
[^key-9cbfe1d1e69082f1d56889074cab0568]: [S. 234A(3)(ba)](https://www.legislation.gov.uk/ukpga/1992/52/section/234A/3/ba) and word omitted (18.12.2025) by virtue of [Employment Rights Act 2025 (c. 36)](https://www.legislation.gov.uk/ukpga/2025/36), [ss. 78(2)(b)(ii)](https://www.legislation.gov.uk/ukpga/2025/36/section/78/2/b/ii), [159(1)(c)](https://www.legislation.gov.uk/ukpga/2025/36/section/159/1/c)
[^key-271064f29fa7b0165c4e94b46cf54721]: Words in s. 219(4) substituted (18.12.2025) by [Employment Rights Act 2025 (c. 36)](https://www.legislation.gov.uk/ukpga/2025/36), [ss. 78(2)(a)](https://www.legislation.gov.uk/ukpga/2025/36/section/78/2/a), [159(1)(c)](https://www.legislation.gov.uk/ukpga/2025/36/section/159/1/c)
[^key-dd0d91815f6503b1c5164d5b295455bc]: Word in s. 234A(3)(a) inserted (18.12.2025) by [Employment Rights Act 2025 (c. 36)](https://www.legislation.gov.uk/ukpga/2025/36), [ss. 78(2)(b)(i)](https://www.legislation.gov.uk/ukpga/2025/36/section/78/2/b/i), [159(1)(c)](https://www.legislation.gov.uk/ukpga/2025/36/section/159/1/c)
[^key-9cbfe1d1e69082f1d56889074cab0568]: S. 234A(3)(ba) and word omitted (18.12.2025) by virtue of [Employment Rights Act 2025 (c. 36)](https://www.legislation.gov.uk/ukpga/2025/36), [ss. 78(2)(b)(ii)](https://www.legislation.gov.uk/ukpga/2025/36/section/78/2/b/ii), [159(1)(c)](https://www.legislation.gov.uk/ukpga/2025/36/section/159/1/c)
[^key-7f635aa514142aac637f6fad25f5c353]: Words in [s. 235](https://www.legislation.gov.uk/ukpga/1992/52/section/235) substituted (18.12.2025) by [Employment Rights Act 2025 (c. 36)](https://www.legislation.gov.uk/ukpga/2025/36), [ss. 78(2)(e)(ii)](https://www.legislation.gov.uk/ukpga/2025/36/section/78/2/e/ii), [159(1)(c)](https://www.legislation.gov.uk/ukpga/2025/36/section/159/1/c)
[^key-168a313091ffed28acba41c71be879ff]: Word in [s. 238A(2)(a)](https://www.legislation.gov.uk/ukpga/1992/52/section/238A/2/a) inserted (18.12.2025) by [Employment Rights Act 2025 (c. 36)](https://www.legislation.gov.uk/ukpga/2025/36), [ss. 78(2)(f)(i)](https://www.legislation.gov.uk/ukpga/2025/36/section/78/2/f/i), [159(1)(c)](https://www.legislation.gov.uk/ukpga/2025/36/section/159/1/c)
[^M_F_d464aab1-938f-47fd-85e1-082276f87073]: [S. 238A(2)(aa)](https://www.legislation.gov.uk/ukpga/1992/52/section/238A/2/a) omitted (18.12.2025) by [Employment Rights Act 2025 (c. 36)](https://www.legislation.gov.uk/ukpga/2025/36), [ss. 78(2)(f)(i)](https://www.legislation.gov.uk/ukpga/2025/36/section/78/2/f/i), [159(1)(c)](https://www.legislation.gov.uk/ukpga/2025/36/section/159/1/c)
[^key-419bef85fe40c657c0c2c7d2e3917531]: [S. 238A(9)](https://www.legislation.gov.uk/ukpga/1992/52/section/238A/9) substituted (18.12.2025) by [Employment Rights Act 2025 (c. 36)](https://www.legislation.gov.uk/ukpga/2025/36), [ss. 78(2)(f)(ii)](https://www.legislation.gov.uk/ukpga/2025/36/section/78/2/f/ii), [159(1)(c)](https://www.legislation.gov.uk/ukpga/2025/36/section/159/1/c)
[^M_F_d464aab1-938f-47fd-85e1-082276f87073]: S. 238A(2)(aa) omitted (18.12.2025) by [Employment Rights Act 2025 (c. 36)](https://www.legislation.gov.uk/ukpga/2025/36), [ss. 78(2)(f)(i)](https://www.legislation.gov.uk/ukpga/2025/36/section/78/2/f/i), [159(1)(c)](https://www.legislation.gov.uk/ukpga/2025/36/section/159/1/c)
[^key-3b3d63f8793a13079e4372e90e19f6b1]: Words in [s. 246](https://www.legislation.gov.uk/ukpga/1992/52/section/246) substituted (18.12.2025) by [Employment Rights Act 2025 (c. 36)](https://www.legislation.gov.uk/ukpga/2025/36), [ss. 78(2)(g)](https://www.legislation.gov.uk/ukpga/2025/36/section/78/2/g), [159(1)(c)](https://www.legislation.gov.uk/ukpga/2025/36/section/159/1/c)
[^key-1460ff293c6ce78edbf921b526886052]: Word in [s. 299](https://www.legislation.gov.uk/ukpga/1992/52/section/299) substituted (18.12.2025) by [Employment Rights Act 2025 (c. 36)](https://www.legislation.gov.uk/ukpga/2025/36), [ss. 78(2)(h)(i)](https://www.legislation.gov.uk/ukpga/2025/36/section/78/2/h/i), [159(1)(c)](https://www.legislation.gov.uk/ukpga/2025/36/section/159/1/c)
[^key-48e2b93beb87990f21ceb40ea3a232e4]: Words in [s. 299](https://www.legislation.gov.uk/ukpga/1992/52/section/299) substituted (18.12.2025) by [Employment Rights Act 2025 (c. 36)](https://www.legislation.gov.uk/ukpga/2025/36), [ss. 78(2)(h)(ii)](https://www.legislation.gov.uk/ukpga/2025/36/section/78/2/h/ii), [159(1)(c)](https://www.legislation.gov.uk/ukpga/2025/36/section/159/1/c)
[^key-04ebbc1d7fb046635c98b3377a731c45]: Words in [s. 299](https://www.legislation.gov.uk/ukpga/1992/52/section/299) omitted (18.12.2025) by virtue of [Employment Rights Act 2025 (c. 36)](https://www.legislation.gov.uk/ukpga/2025/36), [ss. 78(2)(h)(iii)](https://www.legislation.gov.uk/ukpga/2025/36/section/78/2/h/iii), [159(1)(c)](https://www.legislation.gov.uk/ukpga/2025/36/section/159/1/c)
#### Remedy for failure to comply with ballot rules: general.
[^key-1460ff293c6ce78edbf921b526886052]: Word in s. 299 substituted (18.12.2025) by [Employment Rights Act 2025 (c. 36)](https://www.legislation.gov.uk/ukpga/2025/36), [ss. 78(2)(h)(i)](https://www.legislation.gov.uk/ukpga/2025/36/section/78/2/h/i), [159(1)(c)](https://www.legislation.gov.uk/ukpga/2025/36/section/159/1/c)
[^key-48e2b93beb87990f21ceb40ea3a232e4]: Words in s. 299 substituted (18.12.2025) by [Employment Rights Act 2025 (c. 36)](https://www.legislation.gov.uk/ukpga/2025/36), [ss. 78(2)(h)(ii)](https://www.legislation.gov.uk/ukpga/2025/36/section/78/2/h/ii), [159(1)(c)](https://www.legislation.gov.uk/ukpga/2025/36/section/159/1/c)
[^key-04ebbc1d7fb046635c98b3377a731c45]: Words in s. 299 omitted (18.12.2025) by virtue of [Employment Rights Act 2025 (c. 36)](https://www.legislation.gov.uk/ukpga/2025/36), [ss. 78(2)(h)(iii)](https://www.legislation.gov.uk/ukpga/2025/36/section/78/2/h/iii), [159(1)(c)](https://www.legislation.gov.uk/ukpga/2025/36/section/159/1/c)
[^key-e1bdf4741bf99a74d07bf2dc2c67ee40]: [Pt. 1 Ch. 5ZA](https://www.legislation.gov.uk/ukpga/1992/52/part/I/chapter/5ZA) inserted (6.1.2026 for specified purposes) by [Employment Rights Act 2025 (c. 36)](https://www.legislation.gov.uk/ukpga/2025/36), [ss. 59(2)](https://www.legislation.gov.uk/ukpga/2025/36/section/59/2), [159(3)](https://www.legislation.gov.uk/ukpga/2025/36/section/159/3); [S.I. 2026/3](https://www.legislation.gov.uk/uksi/2026/3), [reg. 2(19)(b)](https://www.legislation.gov.uk/uksi/2026/3/regulation/2/19/b)
[^key-e5873ea90ba76b77befb3991bc10ebbe]: Words in [s. 169 heading](https://www.legislation.gov.uk/ukpga/1992/52/part/III/crossheading/time-off-for-trade-union-duties-and-activities) substituted (6.1.2026 for specified purposes) by [Employment Rights Act 2025 (c. 36)](https://www.legislation.gov.uk/ukpga/2025/36), [ss. 65(3)(a)](https://www.legislation.gov.uk/ukpga/2025/36/section/65/3/a), [159(3)](https://www.legislation.gov.uk/ukpga/2025/36/section/159/3); [S.I. 2026/3](https://www.legislation.gov.uk/uksi/2026/3), [reg. 2(22)](https://www.legislation.gov.uk/uksi/2026/3/regulation/2/22)
[^key-3aefcd8c10ef8351203fcabeb2f7c623]: [S. 168B](https://www.legislation.gov.uk/ukpga/1992/52/section/168B) inserted (6.1.2026 for specified purposes) by [Employment Rights Act 2025 (c. 36)](https://www.legislation.gov.uk/ukpga/2025/36), [ss. 65(2)](https://www.legislation.gov.uk/ukpga/2025/36/section/65/2), [159(3)](https://www.legislation.gov.uk/ukpga/2025/36/section/159/3); [S.I. 2026/3](https://www.legislation.gov.uk/uksi/2026/3), [reg. 2(22)](https://www.legislation.gov.uk/uksi/2026/3/regulation/2/22)
[^key-ec798f93e5724803dfea126ae582d389]: [S. 195A](https://www.legislation.gov.uk/ukpga/1992/52/section/195A) inserted (6.1.2026 for specified purposes) by [Employment Rights Act 2025 (c. 36)](https://www.legislation.gov.uk/ukpga/2025/36), [ss. 29(5)](https://www.legislation.gov.uk/ukpga/2025/36/section/29/5), [159(3)](https://www.legislation.gov.uk/ukpga/2025/36/section/159/3); [S.I. 2026/3](https://www.legislation.gov.uk/uksi/2026/3), [reg. 2(14)(b)](https://www.legislation.gov.uk/uksi/2026/3/regulation/2/14/b)
[^key-01e9d3bc1c53721c9336f17c59d01ef4]: [Sch. A1 paras. 19G-19L](https://www.legislation.gov.uk/ukpga/1992/52/schedule/A1/paragraph/19G) and cross-heading inserted (6.1.2026 for specified purposes) by [Employment Rights Act 2025 (c. 36)](https://www.legislation.gov.uk/ukpga/2025/36), [s. 159(3)](https://www.legislation.gov.uk/ukpga/2025/36/section/159/3), [Sch. 6 para. 9](https://www.legislation.gov.uk/ukpga/2025/36/schedule/6/paragraph/9); [S.I. 2026/3](https://www.legislation.gov.uk/uksi/2026/3), [reg. 2(37)(b)](https://www.legislation.gov.uk/uksi/2026/3/regulation/2/37/b)
[^key-94aec889f0f39952601f702c64bdf8fc]: [Sch. A1 paras. 19M-19P](https://www.legislation.gov.uk/ukpga/1992/52/schedule/A1/paragraph/19M) and cross-heading inserted (6.1.2026 for specified purposes) by [Employment Rights Act 2025 (c. 36)](https://www.legislation.gov.uk/ukpga/2025/36), [s. 159(3)](https://www.legislation.gov.uk/ukpga/2025/36/section/159/3), [Sch. 6 para. 10](https://www.legislation.gov.uk/ukpga/2025/36/schedule/6/paragraph/10); [S.I. 2026/3](https://www.legislation.gov.uk/uksi/2026/3), [reg. 2(37)(b)](https://www.legislation.gov.uk/uksi/2026/3/regulation/2/37/b)
[^key-616efa3b7d461a251f8962f22e3d4e6c]: [Sch. A1 paras. 81A-81F](https://www.legislation.gov.uk/ukpga/1992/52/schedule/A1/paragraph/81A) and cross-heading inserted (6.1.2026 for specified purposes) by [Employment Rights Act 2025 (c. 36)](https://www.legislation.gov.uk/ukpga/2025/36), [s. 159(3)](https://www.legislation.gov.uk/ukpga/2025/36/section/159/3), [Sch. 6 para. 40](https://www.legislation.gov.uk/ukpga/2025/36/schedule/6/paragraph/40); [S.I. 2026/3](https://www.legislation.gov.uk/uksi/2026/3), [reg. 2(37)(b)](https://www.legislation.gov.uk/uksi/2026/3/regulation/2/37/b)
[^key-d84a78dfae89b9407343ab203a6e2d9c]: [Sch. A1 paras. 81G-81J](https://www.legislation.gov.uk/ukpga/1992/52/schedule/A1/paragraph/81G) and cross-heading inserted (6.1.2026 for specified purposes) by [Employment Rights Act 2025 (c. 36)](https://www.legislation.gov.uk/ukpga/2025/36), [s. 159(3)](https://www.legislation.gov.uk/ukpga/2025/36/section/159/3), [Sch. 6 para. 41](https://www.legislation.gov.uk/ukpga/2025/36/schedule/6/paragraph/41); [S.I. 2026/3](https://www.legislation.gov.uk/uksi/2026/3), [reg. 2(37)(b)](https://www.legislation.gov.uk/uksi/2026/3/regulation/2/37/b)
[^key-a77ed9e52ceee142a92cc1bf50138442]: [Sch. A1 paras. 116A-116G](https://www.legislation.gov.uk/ukpga/1992/52/schedule/A1/paragraph/116A) and cross-heading inserted (6.1.2026 for specified purposes) by [Employment Rights Act 2025 (c. 36)](https://www.legislation.gov.uk/ukpga/2025/36), [s. 159(3)](https://www.legislation.gov.uk/ukpga/2025/36/section/159/3), [Sch. 6 para. 47](https://www.legislation.gov.uk/ukpga/2025/36/schedule/6/paragraph/47); [S.I. 2026/3](https://www.legislation.gov.uk/uksi/2026/3), [reg. 2(37)(b)](https://www.legislation.gov.uk/uksi/2026/3/regulation/2/37/b)
[^key-104080ab87a65c79935345af527c723a]: [Sch. A1 paras. 116H-116L](https://www.legislation.gov.uk/ukpga/1992/52/schedule/A1/paragraph/116H) and cross-heading inserted (6.1.2026 for specified purposes) by [Employment Rights Act 2025 (c. 36)](https://www.legislation.gov.uk/ukpga/2025/36), [s. 159(3)](https://www.legislation.gov.uk/ukpga/2025/36/section/159/3), [Sch. 6 para. 48](https://www.legislation.gov.uk/ukpga/2025/36/schedule/6/paragraph/48); [S.I. 2026/3](https://www.legislation.gov.uk/uksi/2026/3), [reg. 2(37)(b)](https://www.legislation.gov.uk/uksi/2026/3/regulation/2/37/b)
[^key-55d71316f8254cc2d069c317af1af35b]: [Sch. A1 para. 132A](https://www.legislation.gov.uk/ukpga/1992/52/schedule/A1/paragraph/132A) and cross-heading inserted (6.1.2026 for specified purposes) by [Employment Rights Act 2025 (c. 36)](https://www.legislation.gov.uk/ukpga/2025/36), [s. 159(3)](https://www.legislation.gov.uk/ukpga/2025/36/section/159/3), [Sch. 6 para. 59](https://www.legislation.gov.uk/ukpga/2025/36/schedule/6/paragraph/59); [S.I. 2026/3](https://www.legislation.gov.uk/uksi/2026/3), [reg. 2(37)(b)](https://www.legislation.gov.uk/uksi/2026/3/regulation/2/37/b)
[^key-32cb446d7834e7a6734f0aeec14d765b]: [Sch. A1 para. 132B](https://www.legislation.gov.uk/ukpga/1992/52/schedule/A1/paragraph/132B) and cross-heading inserted (6.1.2026 for specified purposes) by [Employment Rights Act 2025 (c. 36)](https://www.legislation.gov.uk/ukpga/2025/36), [s. 159(3)](https://www.legislation.gov.uk/ukpga/2025/36/section/159/3), [Sch. 6 para. 60](https://www.legislation.gov.uk/ukpga/2025/36/schedule/6/paragraph/60); [S.I. 2026/3](https://www.legislation.gov.uk/uksi/2026/3), [reg. 2(37)(b)](https://www.legislation.gov.uk/uksi/2026/3/regulation/2/37/b)
[^key-4f2a5adb5a783b8e8a017e9d8d2d740f]: [Sch. A1 para. 146A](https://www.legislation.gov.uk/ukpga/1992/52/schedule/A1/paragraph/146A) and cross-heading inserted (6.1.2026 for specified purposes) by [Employment Rights Act 2025 (c. 36)](https://www.legislation.gov.uk/ukpga/2025/36), [s. 159(3)](https://www.legislation.gov.uk/ukpga/2025/36/section/159/3), [Sch. 6 para. 62](https://www.legislation.gov.uk/ukpga/2025/36/schedule/6/paragraph/62); [S.I. 2026/3](https://www.legislation.gov.uk/uksi/2026/3), [reg. 2(37)(b)](https://www.legislation.gov.uk/uksi/2026/3/regulation/2/37/b)
[^key-74f64827bae535e4ad126fd56d89cd1b]: [Sch. A1 para. 146B](https://www.legislation.gov.uk/ukpga/1992/52/schedule/A1/paragraph/146B) and cross-heading inserted (6.1.2026 for specified purposes) by [Employment Rights Act 2025 (c. 36)](https://www.legislation.gov.uk/ukpga/2025/36), [s. 159(3)](https://www.legislation.gov.uk/ukpga/2025/36/section/159/3), [Sch. 6 para. 63](https://www.legislation.gov.uk/ukpga/2025/36/schedule/6/paragraph/63); [S.I. 2026/3](https://www.legislation.gov.uk/uksi/2026/3), [reg. 2(37)(b)](https://www.legislation.gov.uk/uksi/2026/3/regulation/2/37/b)
[^key-9d905576e4bc899953131d96bbddd416]: [S. 136A](https://www.legislation.gov.uk/ukpga/1992/52/section/136A) and cross-heading inserted (6.1.2026 for specified purposes) by [Employment Rights Act 2025 (c. 36)](https://www.legislation.gov.uk/ukpga/2025/36), [ss. 58(2)](https://www.legislation.gov.uk/ukpga/2025/36/section/58/2), [159(3)](https://www.legislation.gov.uk/ukpga/2025/36/section/159/3); [S.I. 2026/3](https://www.legislation.gov.uk/uksi/2026/3), [reg. 2(18)(b)](https://www.legislation.gov.uk/uksi/2026/3/regulation/2/18/b)
[^key-d264434e64728f6523b0588010847863]: [S. 293(3)-(6)](https://www.legislation.gov.uk/ukpga/1992/52/section/293/3) substituted for [s. 293(3)](https://www.legislation.gov.uk/ukpga/1992/52/section/293/3) (6.1.2026) by [Employment Rights Act 2025 (c. 36)](https://www.legislation.gov.uk/ukpga/2025/36), [ss. 88](https://www.legislation.gov.uk/ukpga/2025/36/section/88), [159(3)](https://www.legislation.gov.uk/ukpga/2025/36/section/159/3); [S.I. 2026/3](https://www.legislation.gov.uk/uksi/2026/3), [reg. 2(24)](https://www.legislation.gov.uk/uksi/2026/3/regulation/2/24)
[^key-db20cbe5c793d3772be336dddc71ca10]: [S. 168(3A)](https://www.legislation.gov.uk/ukpga/1992/52/section/168/3A) inserted (6.1.2026 for specified purposes) by [Employment Rights Act 2025 (c. 36)](https://www.legislation.gov.uk/ukpga/2025/36), [ss. 64(2)(a)](https://www.legislation.gov.uk/ukpga/2025/36/section/64/2/a), [159(3)](https://www.legislation.gov.uk/ukpga/2025/36/section/159/3); [S.I. 2026/3](https://www.legislation.gov.uk/uksi/2026/3), [reg. 2(21)](https://www.legislation.gov.uk/uksi/2026/3/regulation/2/21)
[^key-2feed51bade81aec0f6714b0e0192865]: [S. 168(4)](https://www.legislation.gov.uk/ukpga/1992/52/section/168/4)[(5)](https://www.legislation.gov.uk/ukpga/1992/52/section/168/5) substituted for [s. 168(4)](https://www.legislation.gov.uk/ukpga/1992/52/section/168/4) (6.1.2026 for specified purposes) by [Employment Rights Act 2025 (c. 36)](https://www.legislation.gov.uk/ukpga/2025/36), [ss. 64(2)(b)](https://www.legislation.gov.uk/ukpga/2025/36/section/64/2/b), [159(3)](https://www.legislation.gov.uk/ukpga/2025/36/section/159/3); [S.I. 2026/3](https://www.legislation.gov.uk/uksi/2026/3), [reg. 2(21)](https://www.legislation.gov.uk/uksi/2026/3/regulation/2/21)
[^key-21d1e13a503a96a63dae8828a55be792]: [S. 168A(8A)](https://www.legislation.gov.uk/ukpga/1992/52/section/168A/8A) inserted (6.1.2026 for specified purposes) by [Employment Rights Act 2025 (c. 36)](https://www.legislation.gov.uk/ukpga/2025/36), [ss. 64(3)(a)](https://www.legislation.gov.uk/ukpga/2025/36/section/64/3/a), [159(3)](https://www.legislation.gov.uk/ukpga/2025/36/section/159/3); [S.I. 2026/3](https://www.legislation.gov.uk/uksi/2026/3), [reg. 2(21)](https://www.legislation.gov.uk/uksi/2026/3/regulation/2/21)
[^key-f97bab42b9b842ac1dbfadfccfdb864d]: [S. 168A(9)(10)](https://www.legislation.gov.uk/ukpga/1992/52/section/168A/9/10) substituted for s. 168A(9) (6.1.2026 for specified purposes) by virtue of [Employment Rights Act 2025 (c. 36)](https://www.legislation.gov.uk/ukpga/2025/36), [ss. 64(3)(b)](https://www.legislation.gov.uk/ukpga/2025/36/section/64/3/b), [159(3)](https://www.legislation.gov.uk/ukpga/2025/36/section/159/3); [S.I. 2026/3](https://www.legislation.gov.uk/uksi/2026/3), [reg. 2(21)](https://www.legislation.gov.uk/uksi/2026/3/regulation/2/21)
[^key-32a4071318cf7780b1ea779c6d69ae75]: Words in [s. 169(1)](https://www.legislation.gov.uk/ukpga/1992/52/section/169/1) substituted (6.1.2026 for specified purposes) by [Employment Rights Act 2025 (c. 36)](https://www.legislation.gov.uk/ukpga/2025/36), [ss. 65(3)(b)](https://www.legislation.gov.uk/ukpga/2025/36/section/65/3/b), [159(3)](https://www.legislation.gov.uk/ukpga/2025/36/section/159/3); [S.I. 2026/3](https://www.legislation.gov.uk/uksi/2026/3), [reg. 2(22)](https://www.legislation.gov.uk/uksi/2026/3/regulation/2/22)
[^key-706f3e1c3cd35873aab7c55e9eb953cd]: Words in [s. 170(2A)](https://www.legislation.gov.uk/ukpga/1992/52/section/170/2A) inserted (6.1.2026 for specified purposes) by [Employment Rights Act 2025 (c. 36)](https://www.legislation.gov.uk/ukpga/2025/36), [ss. 65(4)(a)](https://www.legislation.gov.uk/ukpga/2025/36/section/65/4/a), [159(3)](https://www.legislation.gov.uk/ukpga/2025/36/section/159/3); [S.I. 2026/3](https://www.legislation.gov.uk/uksi/2026/3), [reg. 2(22)](https://www.legislation.gov.uk/uksi/2026/3/regulation/2/22)
[^key-22b8152a894ec54589fcc9b3fb92622c]: Words in [s. 170(2B)](https://www.legislation.gov.uk/ukpga/1992/52/section/170/2B) inserted (6.1.2026 for specified purposes) by [Employment Rights Act 2025 (c. 36)](https://www.legislation.gov.uk/ukpga/2025/36), [ss. 65(4)(b)](https://www.legislation.gov.uk/ukpga/2025/36/section/65/4/b), [159(3)](https://www.legislation.gov.uk/ukpga/2025/36/section/159/3); [S.I. 2026/3](https://www.legislation.gov.uk/uksi/2026/3), [reg. 2(22)](https://www.legislation.gov.uk/uksi/2026/3/regulation/2/22)
[^key-b50e1d012dcf842fcf56c3b271149c7c]: Words in [s. 170(2C)](https://www.legislation.gov.uk/ukpga/1992/52/section/170/2C) inserted (6.1.2026 for specified purposes) by [Employment Rights Act 2025 (c. 36)](https://www.legislation.gov.uk/ukpga/2025/36), [ss. 65(4)(c)(i)](https://www.legislation.gov.uk/ukpga/2025/36/section/65/4/c/i), [159(3)](https://www.legislation.gov.uk/ukpga/2025/36/section/159/3); [S.I. 2026/3](https://www.legislation.gov.uk/uksi/2026/3), [reg. 2(22)](https://www.legislation.gov.uk/uksi/2026/3/regulation/2/22)
[^key-ef3388b9186e7decbe8b2c027e459ab9]: [S. 170(2C)(b)](https://www.legislation.gov.uk/ukpga/1992/52/section/170/2C/b) inserted (6.1.2026 for specified purposes) by [Employment Rights Act 2025 (c. 36)](https://www.legislation.gov.uk/ukpga/2025/36), [ss. 65(4)(c)(ii)](https://www.legislation.gov.uk/ukpga/2025/36/section/65/4/c/ii), [159(3)](https://www.legislation.gov.uk/ukpga/2025/36/section/159/3); [S.I. 2026/3](https://www.legislation.gov.uk/uksi/2026/3), [reg. 2(22)](https://www.legislation.gov.uk/uksi/2026/3/regulation/2/22)
[^key-812f45af5ba46b4e7520c650fc727afd]: Words in [s. 170(5)(a)](https://www.legislation.gov.uk/ukpga/1992/52/section/170/5/a) inserted (6.1.2026 for specified purposes) by [Employment Rights Act 2025 (c. 36)](https://www.legislation.gov.uk/ukpga/2025/36), [ss. 65(4)(d)(i)](https://www.legislation.gov.uk/ukpga/2025/36/section/65/4/d/i), [159(3)](https://www.legislation.gov.uk/ukpga/2025/36/section/159/3); [S.I. 2026/3](https://www.legislation.gov.uk/uksi/2026/3), [reg. 2(22)](https://www.legislation.gov.uk/uksi/2026/3/regulation/2/22)
[^key-8848d1b3091f99598f332daf15911257]: Word in [s. 170(5)(a)](https://www.legislation.gov.uk/ukpga/1992/52/section/170/5/a) omitted (6.1.2026 for specified purposes) by virtue of [Employment Rights Act 2025 (c. 36)](https://www.legislation.gov.uk/ukpga/2025/36), [ss. 65(4)(d)(ii)](https://www.legislation.gov.uk/ukpga/2025/36/section/65/4/d/ii), [159(3)](https://www.legislation.gov.uk/ukpga/2025/36/section/159/3); [S.I. 2026/3](https://www.legislation.gov.uk/uksi/2026/3), [reg. 2(22)](https://www.legislation.gov.uk/uksi/2026/3/regulation/2/22)
[^key-4e5693b6ad78682297d8c3ae8682bc37]: [S. 170(5)(c)](https://www.legislation.gov.uk/ukpga/1992/52/section/170/5/c) and word inserted (6.1.2026 for specified purposes) by [Employment Rights Act 2025 (c. 36)](https://www.legislation.gov.uk/ukpga/2025/36), [ss. 65(4)(d)(iii)](https://www.legislation.gov.uk/ukpga/2025/36/section/65/4/d/iii), [159(3)](https://www.legislation.gov.uk/ukpga/2025/36/section/159/3); [S.I. 2026/3](https://www.legislation.gov.uk/uksi/2026/3), [reg. 2(22)](https://www.legislation.gov.uk/uksi/2026/3/regulation/2/22)
[^key-9cf3527691a013df216c4ea36794caf9]: Word in [s. 171(1)](https://www.legislation.gov.uk/ukpga/1992/52/section/171/1) inserted (6.1.2026 for specified purposes) by [Employment Rights Act 2025 (c. 36)](https://www.legislation.gov.uk/ukpga/2025/36), [ss. 65(5)](https://www.legislation.gov.uk/ukpga/2025/36/section/65/5), [159(3)](https://www.legislation.gov.uk/ukpga/2025/36/section/159/3); [S.I. 2026/3](https://www.legislation.gov.uk/uksi/2026/3), [reg. 2(22)](https://www.legislation.gov.uk/uksi/2026/3/regulation/2/22)
[^key-ecc59902918a0b1199f3400ff06fbd6f]: Word in [s. 172(1)](https://www.legislation.gov.uk/ukpga/1992/52/section/172/1) inserted (6.1.2026 for specified purposes) by [Employment Rights Act 2025 (c. 36)](https://www.legislation.gov.uk/ukpga/2025/36), [ss. 65(6)](https://www.legislation.gov.uk/ukpga/2025/36/section/65/6), [159(3)](https://www.legislation.gov.uk/ukpga/2025/36/section/159/3); [S.I. 2026/3](https://www.legislation.gov.uk/uksi/2026/3), [reg. 2(22)](https://www.legislation.gov.uk/uksi/2026/3/regulation/2/22)
[^key-722714f745ddf5361db9b10c53f9103a]: Words in [s. 172(2)](https://www.legislation.gov.uk/ukpga/1992/52/section/172/2) omitted (6.1.2026 for specified purposes) by virtue of [Employment Rights Act 2025 (c. 36)](https://www.legislation.gov.uk/ukpga/2025/36), [ss. 64(4)](https://www.legislation.gov.uk/ukpga/2025/36/section/64/4), [159(3)](https://www.legislation.gov.uk/ukpga/2025/36/section/159/3); [S.I. 2026/3](https://www.legislation.gov.uk/uksi/2026/3), [reg. 2(21)](https://www.legislation.gov.uk/uksi/2026/3/regulation/2/21)
[^key-4a38e80b4bd3f88ff1dea37fbb7a3d17]: Word in [s. 173(1)](https://www.legislation.gov.uk/ukpga/1992/52/section/173/1) inserted (6.1.2026 for specified purposes) by [Employment Rights Act 2025 (c. 36)](https://www.legislation.gov.uk/ukpga/2025/36), [ss. 65(7)(a)](https://www.legislation.gov.uk/ukpga/2025/36/section/65/7/a), [159(3)](https://www.legislation.gov.uk/ukpga/2025/36/section/159/3); [S.I. 2026/3](https://www.legislation.gov.uk/uksi/2026/3), [reg. 2(22)](https://www.legislation.gov.uk/uksi/2026/3/regulation/2/22)
[^key-bd328f925cf57b5746d3024321235003]: Word in [s. 173(2)](https://www.legislation.gov.uk/ukpga/1992/52/section/173/2) inserted (6.1.2026 for specified purposes) by [Employment Rights Act 2025 (c. 36)](https://www.legislation.gov.uk/ukpga/2025/36), [ss. 65(7)(b)](https://www.legislation.gov.uk/ukpga/2025/36/section/65/7/b), [159(3)](https://www.legislation.gov.uk/ukpga/2025/36/section/159/3); [S.I. 2026/3](https://www.legislation.gov.uk/uksi/2026/3), [reg. 2(22)](https://www.legislation.gov.uk/uksi/2026/3/regulation/2/22)
[^key-1b8eda466c5d13a933d9023a5c8c3dc0]: Words in [s. 173(3)](https://www.legislation.gov.uk/ukpga/1992/52/section/173/3) inserted (6.1.2026 for specified purposes) by [Employment Rights Act 2025 (c. 36)](https://www.legislation.gov.uk/ukpga/2025/36), [ss. 65(7)(c)](https://www.legislation.gov.uk/ukpga/2025/36/section/65/7/c), [159(3)](https://www.legislation.gov.uk/ukpga/2025/36/section/159/3); [S.I. 2026/3](https://www.legislation.gov.uk/uksi/2026/3), [reg. 2(22)](https://www.legislation.gov.uk/uksi/2026/3/regulation/2/22)
[^key-368023cd0d10abf80dc7017604661012]: [S. 188(A1)](https://www.legislation.gov.uk/ukpga/1992/52/section/188/A1) inserted (6.1.2026 for specified purposes) by [Employment Rights Act 2025 (c. 36)](https://www.legislation.gov.uk/ukpga/2025/36), [ss. 29(2)(a)](https://www.legislation.gov.uk/ukpga/2025/36/section/29/2/a), [159(3)](https://www.legislation.gov.uk/ukpga/2025/36/section/159/3); [S.I. 2026/3](https://www.legislation.gov.uk/uksi/2026/3), [reg. 2(14)(b)](https://www.legislation.gov.uk/uksi/2026/3/regulation/2/14/b)
[^key-cc21e7f0e034e0e1e22b0af3b8ca8c9f]: Words in [s. 188(1)](https://www.legislation.gov.uk/ukpga/1992/52/section/188/1) substituted (6.1.2026 for specified purposes) by [Employment Rights Act 2025 (c. 36)](https://www.legislation.gov.uk/ukpga/2025/36), [ss. 29(2)(b)](https://www.legislation.gov.uk/ukpga/2025/36/section/29/2/b), [159(3)](https://www.legislation.gov.uk/ukpga/2025/36/section/159/3); [S.I. 2026/3](https://www.legislation.gov.uk/uksi/2026/3), [reg. 2(14)(b)](https://www.legislation.gov.uk/uksi/2026/3/regulation/2/14/b)
[^key-54495e1b04cafd02b51f5dd3372e7a2e]: Word in [s. 188(1A)](https://www.legislation.gov.uk/ukpga/1992/52/section/188/1A) substituted (6.1.2026 for specified purposes) by [Employment Rights Act 2025 (c. 36)](https://www.legislation.gov.uk/ukpga/2025/36), [ss. 29(2)(c)](https://www.legislation.gov.uk/ukpga/2025/36/section/29/2/c), [159(3)](https://www.legislation.gov.uk/ukpga/2025/36/section/159/3); [S.I. 2026/3](https://www.legislation.gov.uk/uksi/2026/3), [reg. 2(14)(b)](https://www.legislation.gov.uk/uksi/2026/3/regulation/2/14/b)
[^key-a5880f5903af78128bfce493c862a8a5]: [S. 188(2A)](https://www.legislation.gov.uk/ukpga/1992/52/section/188/2A) inserted (6.1.2026 for specified purposes) by [Employment Rights Act 2025 (c. 36)](https://www.legislation.gov.uk/ukpga/2025/36), [ss. 29(2)(d)](https://www.legislation.gov.uk/ukpga/2025/36/section/29/2/d), [159(3)](https://www.legislation.gov.uk/ukpga/2025/36/section/159/3); [S.I. 2026/3](https://www.legislation.gov.uk/uksi/2026/3), [reg. 2(14)(b)](https://www.legislation.gov.uk/uksi/2026/3/regulation/2/14/b)
[^key-3111da7c7c2871c33a05dc1b64b967d6]: Words in [s. 188(4)(c)](https://www.legislation.gov.uk/ukpga/1992/52/section/188/4/c) inserted (6.1.2026 for specified purposes) by [Employment Rights Act 2025 (c. 36)](https://www.legislation.gov.uk/ukpga/2025/36), [ss. 29(2)(e)(i)](https://www.legislation.gov.uk/ukpga/2025/36/section/29/2/e/i), [159(3)](https://www.legislation.gov.uk/ukpga/2025/36/section/159/3); [S.I. 2026/3](https://www.legislation.gov.uk/uksi/2026/3), [reg. 2(14)(b)](https://www.legislation.gov.uk/uksi/2026/3/regulation/2/14/b)
[^key-e05246a80462e9b6d90d6283bbddf5b9]: [S. 188(4)(ca)](https://www.legislation.gov.uk/ukpga/1992/52/section/188/4/ca) inserted (6.1.2026 for specified purposes) by [Employment Rights Act 2025 (c. 36)](https://www.legislation.gov.uk/ukpga/2025/36), [ss. 29(2)(e)(ii)](https://www.legislation.gov.uk/ukpga/2025/36/section/29/2/e/ii), [159(3)](https://www.legislation.gov.uk/ukpga/2025/36/section/159/3); [S.I. 2026/3](https://www.legislation.gov.uk/uksi/2026/3), [reg. 2(14)(b)](https://www.legislation.gov.uk/uksi/2026/3/regulation/2/14/b)
[^key-bc643ca11851b87b6cd6939e4364c5a6]: [S. 193(1)](https://www.legislation.gov.uk/ukpga/1992/52/section/193/1) omitted (6.1.2026 for specified purposes) by virtue of [Employment Rights Act 2025 (c. 36)](https://www.legislation.gov.uk/ukpga/2025/36), [ss. 29(3)(a)](https://www.legislation.gov.uk/ukpga/2025/36/section/29/3/a), [159(3)](https://www.legislation.gov.uk/ukpga/2025/36/section/159/3); [S.I. 2026/3](https://www.legislation.gov.uk/uksi/2026/3), [reg. 2(14)(b)](https://www.legislation.gov.uk/uksi/2026/3/regulation/2/14/b)
[^key-9abde76436439b715d3cd4661476c687]: [S. 193(1A)](https://www.legislation.gov.uk/ukpga/1992/52/section/193/1A) inserted (6.1.2026 for specified purposes) by [Employment Rights Act 2025 (c. 36)](https://www.legislation.gov.uk/ukpga/2025/36), [ss. 29(3)(b)](https://www.legislation.gov.uk/ukpga/2025/36/section/29/3/b), [159(3)](https://www.legislation.gov.uk/ukpga/2025/36/section/159/3); [S.I. 2026/3](https://www.legislation.gov.uk/uksi/2026/3), [reg. 2(14)(b)](https://www.legislation.gov.uk/uksi/2026/3/regulation/2/14/b)
[^key-a1250343bf3385efce65d38bc3fef8ec]: Words in [s. 193(2)](https://www.legislation.gov.uk/ukpga/1992/52/section/193/2) substituted (6.1.2026 for specified purposes) by [Employment Rights Act 2025 (c. 36)](https://www.legislation.gov.uk/ukpga/2025/36), [ss. 29(3)(c)(i)](https://www.legislation.gov.uk/ukpga/2025/36/section/29/3/c/i), [159(3)](https://www.legislation.gov.uk/ukpga/2025/36/section/159/3); [S.I. 2026/3](https://www.legislation.gov.uk/uksi/2026/3), [reg. 2(14)(b)](https://www.legislation.gov.uk/uksi/2026/3/regulation/2/14/b)
[^key-cff51e67a1ef7d248c22a0f728f46810]: [S. 193(2)(a)](https://www.legislation.gov.uk/ukpga/1992/52/section/193/2/a) omitted (6.1.2026 for specified purposes) by virtue of [Employment Rights Act 2025 (c. 36)](https://www.legislation.gov.uk/ukpga/2025/36), [ss. 29(3)(c)(ii)](https://www.legislation.gov.uk/ukpga/2025/36/section/29/3/c/ii), [159(3)](https://www.legislation.gov.uk/ukpga/2025/36/section/159/3); [S.I. 2026/3](https://www.legislation.gov.uk/uksi/2026/3), [reg. 2(14)(b)](https://www.legislation.gov.uk/uksi/2026/3/regulation/2/14/b)
[^key-0e7a00ea2bef2927b56097ca1549ee2f]: [S. 193(2)(b)](https://www.legislation.gov.uk/ukpga/1992/52/section/193/2/b) omitted (6.1.2026 for specified purposes) by virtue of [Employment Rights Act 2025 (c. 36)](https://www.legislation.gov.uk/ukpga/2025/36), [ss. 29(3)(c)(ii)](https://www.legislation.gov.uk/ukpga/2025/36/section/29/3/c/ii), [159(3)](https://www.legislation.gov.uk/ukpga/2025/36/section/159/3); [S.I. 2026/3](https://www.legislation.gov.uk/uksi/2026/3), [reg. 2(14)(b)](https://www.legislation.gov.uk/uksi/2026/3/regulation/2/14/b)
[^key-1e1330701c3b5d4ba47c93d179222c43]: [S. 193(2A)](https://www.legislation.gov.uk/ukpga/1992/52/section/193/2A) inserted (6.1.2026 for specified purposes) by [Employment Rights Act 2025 (c. 36)](https://www.legislation.gov.uk/ukpga/2025/36), [ss. 29(3)(d)](https://www.legislation.gov.uk/ukpga/2025/36/section/29/3/d), [159(3)](https://www.legislation.gov.uk/ukpga/2025/36/section/159/3); [S.I. 2026/3](https://www.legislation.gov.uk/uksi/2026/3), [reg. 2(14)(b)](https://www.legislation.gov.uk/uksi/2026/3/regulation/2/14/b)
[^key-2c1698257fbaa037f160751955b7ad97]: Word in [s. 193(3)](https://www.legislation.gov.uk/ukpga/1992/52/section/193/3) substituted (6.1.2026 for specified purposes) by [Employment Rights Act 2025 (c. 36)](https://www.legislation.gov.uk/ukpga/2025/36), [ss. 29(3)(e)](https://www.legislation.gov.uk/ukpga/2025/36/section/29/3/e), [159(3)](https://www.legislation.gov.uk/ukpga/2025/36/section/159/3); [S.I. 2026/3](https://www.legislation.gov.uk/uksi/2026/3), [reg. 2(14)(b)](https://www.legislation.gov.uk/uksi/2026/3/regulation/2/14/b)
[^key-3f03f7ab1f3e5809bac32192d3c10313]: Words in [s. 193(4)(a)](https://www.legislation.gov.uk/ukpga/1992/52/section/193/4/a) omitted (6.1.2026 for specified purposes) by virtue of [Employment Rights Act 2025 (c. 36)](https://www.legislation.gov.uk/ukpga/2025/36), [ss. 29(3)(f)](https://www.legislation.gov.uk/ukpga/2025/36/section/29/3/f), [159(3)](https://www.legislation.gov.uk/ukpga/2025/36/section/159/3); [S.I. 2026/3](https://www.legislation.gov.uk/uksi/2026/3), [reg. 2(14)(b)](https://www.legislation.gov.uk/uksi/2026/3/regulation/2/14/b)
[^key-a51122ee0073c381bbca2b393e44547b]: Words in [s. 193(6)](https://www.legislation.gov.uk/ukpga/1992/52/section/193/6) omitted (6.1.2026 for specified purposes) by virtue of [Employment Rights Act 2025 (c. 36)](https://www.legislation.gov.uk/ukpga/2025/36), [ss. 29(3)(g)](https://www.legislation.gov.uk/ukpga/2025/36/section/29/3/g), [159(3)](https://www.legislation.gov.uk/ukpga/2025/36/section/159/3); [S.I. 2026/3](https://www.legislation.gov.uk/uksi/2026/3), [reg. 2(14)(b)](https://www.legislation.gov.uk/uksi/2026/3/regulation/2/14/b)
[^key-9bc81cf96dd45dc5779e926db8f53541]: Word in [s. 193(7)](https://www.legislation.gov.uk/ukpga/1992/52/section/193/7) substituted (6.1.2026 for specified purposes) by [Employment Rights Act 2025 (c. 36)](https://www.legislation.gov.uk/ukpga/2025/36), [ss. 29(3)(h)](https://www.legislation.gov.uk/ukpga/2025/36/section/29/3/h), [159(3)](https://www.legislation.gov.uk/ukpga/2025/36/section/159/3); [S.I. 2026/3](https://www.legislation.gov.uk/uksi/2026/3), [reg. 2(14)(b)](https://www.legislation.gov.uk/uksi/2026/3/regulation/2/14/b)
[^key-835f8389b499b229c0ad57e4bfc1204b]: Words in s. 193A(1)(a) omitted (6.1.2026 for specified purposes) by virtue of [Employment Rights Act 2025 (c. 36)](https://www.legislation.gov.uk/ukpga/2025/36), [ss. 29(4)(a)](https://www.legislation.gov.uk/ukpga/2025/36/section/29/4/a), [159(3)](https://www.legislation.gov.uk/ukpga/2025/36/section/159/3); [S.I. 2026/3](https://www.legislation.gov.uk/uksi/2026/3), [reg. 2(14)(b)](https://www.legislation.gov.uk/uksi/2026/3/regulation/2/14/b)
[^key-0b3ae7153da473e7514185be6fae953a]: Words in s. 193A(2) substituted (6.1.2026 for specified purposes) by [Employment Rights Act 2025 (c. 36)](https://www.legislation.gov.uk/ukpga/2025/36), [ss. 29(4)(b)](https://www.legislation.gov.uk/ukpga/2025/36/section/29/4/b), [159(3)](https://www.legislation.gov.uk/ukpga/2025/36/section/159/3); [S.I. 2026/3](https://www.legislation.gov.uk/uksi/2026/3), [reg. 2(14)(b)](https://www.legislation.gov.uk/uksi/2026/3/regulation/2/14/b)
[^key-f1b4856b18b1edf0094ec08394d63463]: Word in [s. 197(1)(b)](https://www.legislation.gov.uk/ukpga/1992/52/section/197/1/b) substituted (6.1.2026) by [Employment Rights Act 2025 (c. 36)](https://www.legislation.gov.uk/ukpga/2025/36), [ss. 30(3)](https://www.legislation.gov.uk/ukpga/2025/36/section/30/3), [159(3)](https://www.legislation.gov.uk/ukpga/2025/36/section/159/3); [S.I. 2026/3](https://www.legislation.gov.uk/uksi/2026/3), [reg. 2(15)(b)](https://www.legislation.gov.uk/uksi/2026/3/regulation/2/15/b)
[^key-ebb033bbfd83a870b44a24dbbc5bee25]: Words in [s. 199(1)](https://www.legislation.gov.uk/ukpga/1992/52/section/199/1) inserted (6.1.2026 for specified purposes) by [Employment Rights Act 2025 (c. 36)](https://www.legislation.gov.uk/ukpga/2025/36), [ss. 65(8)](https://www.legislation.gov.uk/ukpga/2025/36/section/65/8), [159(3)](https://www.legislation.gov.uk/ukpga/2025/36/section/159/3); [S.I. 2026/3](https://www.legislation.gov.uk/uksi/2026/3), [reg. 2(22)](https://www.legislation.gov.uk/uksi/2026/3/regulation/2/22)
[^key-620ee86437502358e57627c0dd535830]: Words in [s. 199(2)(a)](https://www.legislation.gov.uk/ukpga/1992/52/section/199/2/a) inserted (6.1.2026 for specified purposes) by [Employment Rights Act 2025 (c. 36)](https://www.legislation.gov.uk/ukpga/2025/36), [ss. 64(5)](https://www.legislation.gov.uk/ukpga/2025/36/section/64/5), [159(3)](https://www.legislation.gov.uk/ukpga/2025/36/section/159/3); [S.I. 2026/3](https://www.legislation.gov.uk/uksi/2026/3), [reg. 2(21)](https://www.legislation.gov.uk/uksi/2026/3/regulation/2/21)
[^key-d066b51306ed72b09185d4fbfacfd96d]: Words in [s. 200(3)(a)](https://www.legislation.gov.uk/ukpga/1992/52/section/200/3/a) inserted (6.1.2026 for specified purposes) by [Employment Rights Act 2025 (c. 36)](https://www.legislation.gov.uk/ukpga/2025/36), [ss. 64(6)](https://www.legislation.gov.uk/ukpga/2025/36/section/64/6), [159(3)](https://www.legislation.gov.uk/ukpga/2025/36/section/159/3); [S.I. 2026/3](https://www.legislation.gov.uk/uksi/2026/3), [reg. 2(21)](https://www.legislation.gov.uk/uksi/2026/3/regulation/2/21)
[^key-0900bc359a8caf96337e4edb9c169178]: Word in [s. 200(3)(b)](https://www.legislation.gov.uk/ukpga/1992/52/section/200/3/b) omitted (6.1.2026 for specified purposes) by virtue of [Employment Rights Act 2025 (c. 36)](https://www.legislation.gov.uk/ukpga/2025/36), [ss. 65(9)(a)](https://www.legislation.gov.uk/ukpga/2025/36/section/65/9/a), [159(3)](https://www.legislation.gov.uk/ukpga/2025/36/section/159/3); [S.I. 2026/3](https://www.legislation.gov.uk/uksi/2026/3), [reg. 2(22)](https://www.legislation.gov.uk/uksi/2026/3/regulation/2/22)
[^key-ca98833487cf487449837aa562effd89]: [S. 200(3)(ba)](https://www.legislation.gov.uk/ukpga/1992/52/section/200/3/ba)[(bb)](https://www.legislation.gov.uk/ukpga/1992/52/section/200/3/bb) inserted (6.1.2026 for specified purposes) by [Employment Rights Act 2025 (c. 36)](https://www.legislation.gov.uk/ukpga/2025/36), [ss. 65(9)(b)](https://www.legislation.gov.uk/ukpga/2025/36/section/65/9/b), [159(3)](https://www.legislation.gov.uk/ukpga/2025/36/section/159/3); [S.I. 2026/3](https://www.legislation.gov.uk/uksi/2026/3), [reg. 2(22)](https://www.legislation.gov.uk/uksi/2026/3/regulation/2/22)
[^key-ef42515e59b77ef938c69a599172f3b5]: Words in [s. 203(1)(b)](https://www.legislation.gov.uk/ukpga/1992/52/section/203/1/b) inserted (6.1.2026 for specified purposes) by [Employment Rights Act 2025 (c. 36)](https://www.legislation.gov.uk/ukpga/2025/36), [ss. 65(10)](https://www.legislation.gov.uk/ukpga/2025/36/section/65/10), [159(3)](https://www.legislation.gov.uk/ukpga/2025/36/section/159/3); [S.I. 2026/3](https://www.legislation.gov.uk/uksi/2026/3), [reg. 2(22)](https://www.legislation.gov.uk/uksi/2026/3/regulation/2/22)
[^key-4867db0fed4bfc0d1ccb24e2470d4e2c]: Words in [s. 286](https://www.legislation.gov.uk/ukpga/1992/52/section/286) inserted (6.1.2026 for specified purposes) by [Employment Rights Act 2025 (c. 36)](https://www.legislation.gov.uk/ukpga/2025/36), [ss. 58(5)](https://www.legislation.gov.uk/ukpga/2025/36/section/58/5), [159(3)](https://www.legislation.gov.uk/ukpga/2025/36/section/159/3); [S.I. 2026/3](https://www.legislation.gov.uk/uksi/2026/3), [reg. 2(18)(c)](https://www.legislation.gov.uk/uksi/2026/3/regulation/2/18/c)
[^key-6b4650436a66d71e80c6cff137211cbf]: [S. 236A-236D](https://www.legislation.gov.uk/ukpga/1992/52/section/236A) and cross-heading inserted (6.1.2026 for specified purposes, 18.2.2026 in so far as not already in force) by [Employment Rights Act 2025 (c. 36)](https://www.legislation.gov.uk/ukpga/2025/36), [ss. 76(2)](https://www.legislation.gov.uk/ukpga/2025/36/section/76/2), [159(3)](https://www.legislation.gov.uk/ukpga/2025/36/section/159/3); [S.I. 2026/3](https://www.legislation.gov.uk/uksi/2026/3), [regs. 2(23)(b)](https://www.legislation.gov.uk/uksi/2026/3/regulation/2/23/b), [3(7)](https://www.legislation.gov.uk/uksi/2026/3/regulation/3/7)
[^key-ea14f5ff375200f34f06d3a1c23af06e]: S. 116B and cross-heading omitted (18.2.2026) by virtue of [Employment Rights Act 2025 (c. 36)](https://www.legislation.gov.uk/ukpga/2025/36), [ss. 63(1)(a)](https://www.legislation.gov.uk/ukpga/2025/36/section/63/1/a), [159(2)(c)](https://www.legislation.gov.uk/ukpga/2025/36/section/159/2/c) (with transitional provisions and savings in [S.I. 2026/3](https://www.legislation.gov.uk/uksi/2026/3), [Sch. 2 para. 5](https://www.legislation.gov.uk/uksi/2026/3/schedule/2/paragraph/5))
[^key-8dc7150d4bc50187029c79eecfbef633]: Words in s. 55 heading substituted (18.2.2026) by [Employment Rights Act 2025 (c. 36)](https://www.legislation.gov.uk/ukpga/2025/36), [ss. 83(4)(a)](https://www.legislation.gov.uk/ukpga/2025/36/section/83/4/a), [159(2)(o)](https://www.legislation.gov.uk/ukpga/2025/36/section/159/2/o) (with transitional provisions and savings in [S.I. 2026/3](https://www.legislation.gov.uk/uksi/2026/3), [Sch. 2 para. 16](https://www.legislation.gov.uk/uksi/2026/3/schedule/2/paragraph/16))
[^key-b62575908f60d0da363b3ea4df71d0ea]: Words in s. 80 heading substituted (18.2.2026) by [Employment Rights Act 2025 (c. 36)](https://www.legislation.gov.uk/ukpga/2025/36), [ss. 83(7)(a)](https://www.legislation.gov.uk/ukpga/2025/36/section/83/7/a), [159(2)(o)](https://www.legislation.gov.uk/ukpga/2025/36/section/159/2/o) (with transitional provisions and savings in [S.I. 2026/3](https://www.legislation.gov.uk/uksi/2026/3), [Sch. 2 para. 16](https://www.legislation.gov.uk/uksi/2026/3/schedule/2/paragraph/16))
[^key-94c242e6a2e6acc848257a3ee4f81750]: Words in s. 103 heading substituted (18.2.2026) by [Employment Rights Act 2025 (c. 36)](https://www.legislation.gov.uk/ukpga/2025/36), [ss. 83(9)(a)](https://www.legislation.gov.uk/ukpga/2025/36/section/83/9/a), [159(2)(o)](https://www.legislation.gov.uk/ukpga/2025/36/section/159/2/o) (with transitional provisions and savings in [S.I. 2026/3](https://www.legislation.gov.uk/uksi/2026/3), [Sch. 2 para. 16](https://www.legislation.gov.uk/uksi/2026/3/schedule/2/paragraph/16))
[^key-e1da9903495758e1efdeb6579b1887d5]: S. 193A heading substituted (18.2.2026) by [Employment Rights Act 2025 (c. 36)](https://www.legislation.gov.uk/ukpga/2025/36), [ss. 31(2)](https://www.legislation.gov.uk/ukpga/2025/36/section/31/2), [159(3)](https://www.legislation.gov.uk/ukpga/2025/36/section/159/3); [S.I. 2026/3](https://www.legislation.gov.uk/uksi/2026/3), [reg. 3(5)](https://www.legislation.gov.uk/uksi/2026/3/regulation/3/5)
[^key-2dff023770003c6124b07f979a229db0]: [Sch. A3](https://www.legislation.gov.uk/ukpga/1992/52/schedule/A3) omitted (18.2.2026) by virtue of [Employment Rights Act 2025 (c. 36)](https://www.legislation.gov.uk/ukpga/2025/36), [ss. 82(6)](https://www.legislation.gov.uk/ukpga/2025/36/section/82/6), [159(2)(n)](https://www.legislation.gov.uk/ukpga/2025/36/section/159/2/n) (with transitional provisions and savings in [S.I. 2026/3](https://www.legislation.gov.uk/uksi/2026/3), [Sch. 2 para. 15](https://www.legislation.gov.uk/uksi/2026/3/schedule/2/paragraph/15))
[^key-00068bebce848526d8b7cd9524847c96]: [Sch. A4](https://www.legislation.gov.uk/ukpga/1992/52/schedule/A4) omitted (18.2.2026) by virtue of [Employment Rights Act 2025 (c. 36)](https://www.legislation.gov.uk/ukpga/2025/36), [ss. 84(3)](https://www.legislation.gov.uk/ukpga/2025/36/section/84/3), [159(2)(p)](https://www.legislation.gov.uk/ukpga/2025/36/section/159/2/p) (with transitional provisions and savings in [S.I. 2026/3](https://www.legislation.gov.uk/uksi/2026/3), [Sch. 2 para. 17](https://www.legislation.gov.uk/uksi/2026/3/schedule/2/paragraph/17))
[^key-e8df2e318e7e6f4c1666eb5e266b0354]: S. 25(6A) omitted (18.2.2026) by virtue of [Employment Rights Act 2025 (c. 36)](https://www.legislation.gov.uk/ukpga/2025/36), [ss. 82(2)](https://www.legislation.gov.uk/ukpga/2025/36/section/82/2), [159(2)(n)](https://www.legislation.gov.uk/ukpga/2025/36/section/159/2/n) (with transitional provisions and savings in [S.I. 2026/3](https://www.legislation.gov.uk/uksi/2026/3), [Sch. 2 para. 15](https://www.legislation.gov.uk/uksi/2026/3/schedule/2/paragraph/15))
[^key-4be59a5a2af72172d697a8d2beda0b44]: S. 32ZA omitted (18.2.2026) by virtue of [Employment Rights Act 2025 (c. 36)](https://www.legislation.gov.uk/ukpga/2025/36), [ss. 79(1)](https://www.legislation.gov.uk/ukpga/2025/36/section/79/1), [159(3)](https://www.legislation.gov.uk/ukpga/2025/36/section/159/3); [S.I. 2026/3](https://www.legislation.gov.uk/uksi/2026/3), [reg. 3(9)](https://www.legislation.gov.uk/uksi/2026/3/regulation/3/9)
[^key-507d353d487866f8262b9d9eefeeb414]: S. 32ZB omitted (18.2.2026) by virtue of [Employment Rights Act 2025 (c. 36)](https://www.legislation.gov.uk/ukpga/2025/36), [ss. 80(2)](https://www.legislation.gov.uk/ukpga/2025/36/section/80/2), [159(2)(m)](https://www.legislation.gov.uk/ukpga/2025/36/section/159/2/m) (with transitional provisions and savings in [S.I. 2026/3](https://www.legislation.gov.uk/uksi/2026/3), [Sch. 2 para. 13](https://www.legislation.gov.uk/uksi/2026/3/schedule/2/paragraph/13))
[^key-3c082490e74588a2b85c5abee9bdfc25]: S. 32ZC omitted (18.2.2026) by virtue of [Employment Rights Act 2025 (c. 36)](https://www.legislation.gov.uk/ukpga/2025/36), [ss. 81(2)](https://www.legislation.gov.uk/ukpga/2025/36/section/81/2), [159(3)](https://www.legislation.gov.uk/ukpga/2025/36/section/159/3); [S.I. 2026/3](https://www.legislation.gov.uk/uksi/2026/3), [reg. 3(10)](https://www.legislation.gov.uk/uksi/2026/3/regulation/3/10) (with [Sch. 2 para. 14](https://www.legislation.gov.uk/uksi/2026/3/schedule/2/paragraph/14))
[^key-a3ef6f2cd41b4838f5efd3507fada343]: Words in s. 45(1) substituted (18.2.2026) by [Employment Rights Act 2025 (c. 36)](https://www.legislation.gov.uk/ukpga/2025/36), [ss. 81(3)](https://www.legislation.gov.uk/ukpga/2025/36/section/81/3), [159(3)](https://www.legislation.gov.uk/ukpga/2025/36/section/159/3); [S.I. 2026/3](https://www.legislation.gov.uk/uksi/2026/3), [reg. 3(10)](https://www.legislation.gov.uk/uksi/2026/3/regulation/3/10) (with [Sch. 2 para. 14](https://www.legislation.gov.uk/uksi/2026/3/schedule/2/paragraph/14))
[^key-da51c873c435e3b72cf1d58bc2138f7f]: Words in s. 45C(1) omitted (18.2.2026) by virtue of [Employment Rights Act 2025 (c. 36)](https://www.legislation.gov.uk/ukpga/2025/36), [ss. 83(2)(a)](https://www.legislation.gov.uk/ukpga/2025/36/section/83/2/a), [159(2)(o)](https://www.legislation.gov.uk/ukpga/2025/36/section/159/2/o) (with transitional provisions and savings in [S.I. 2026/3](https://www.legislation.gov.uk/uksi/2026/3), [Sch. 2 para. 16](https://www.legislation.gov.uk/uksi/2026/3/schedule/2/paragraph/16))
[^key-2866b8ec5bbfbd56b24203a31103b2e1]: Words in s. 45C(2A)(b) omitted (18.2.2026) by virtue of [Employment Rights Act 2025 (c. 36)](https://www.legislation.gov.uk/ukpga/2025/36), [ss. 83(2)(b)(i)](https://www.legislation.gov.uk/ukpga/2025/36/section/83/2/b/i), [159(2)(o)](https://www.legislation.gov.uk/ukpga/2025/36/section/159/2/o) (with transitional provisions and savings in [S.I. 2026/3](https://www.legislation.gov.uk/uksi/2026/3), [Sch. 2 para. 16](https://www.legislation.gov.uk/uksi/2026/3/schedule/2/paragraph/16))
[^key-7c5c69f3b41d44e14090ff023817200d]: Words in s. 45C(2A)(c) omitted (18.2.2026) by virtue of [Employment Rights Act 2025 (c. 36)](https://www.legislation.gov.uk/ukpga/2025/36), [ss. 83(2)(b)(ii)](https://www.legislation.gov.uk/ukpga/2025/36/section/83/2/b/ii), [159(2)(o)](https://www.legislation.gov.uk/ukpga/2025/36/section/159/2/o) (with transitional provisions and savings in [S.I. 2026/3](https://www.legislation.gov.uk/uksi/2026/3), [Sch. 2 para. 16](https://www.legislation.gov.uk/uksi/2026/3/schedule/2/paragraph/16))
[^key-dd648a9d30d46c8b451119844d9c659d]: Word in s. 45D omitted (18.2.2026) by virtue of [Employment Rights Act 2025 (c. 36)](https://www.legislation.gov.uk/ukpga/2025/36), [ss. 81(4)](https://www.legislation.gov.uk/ukpga/2025/36/section/81/4), [159(3)](https://www.legislation.gov.uk/ukpga/2025/36/section/159/3); [S.I. 2026/3](https://www.legislation.gov.uk/uksi/2026/3), [reg. 3(10)](https://www.legislation.gov.uk/uksi/2026/3/regulation/3/10) (with [Sch. 2 para. 14](https://www.legislation.gov.uk/uksi/2026/3/schedule/2/paragraph/14))
[^key-be09ab09dd39b00d37dea7506f96af03]: Words in s. 45D omitted (18.2.2026) by virtue of [Employment Rights Act 2025 (c. 36)](https://www.legislation.gov.uk/ukpga/2025/36), [ss. 82(3)](https://www.legislation.gov.uk/ukpga/2025/36/section/82/3), [159(2)(n)](https://www.legislation.gov.uk/ukpga/2025/36/section/159/2/n) (with transitional provisions and savings in [S.I. 2026/3](https://www.legislation.gov.uk/uksi/2026/3), [Sch. 2 para. 15](https://www.legislation.gov.uk/uksi/2026/3/schedule/2/paragraph/15))
[^key-436edf40e122328b76a434b4dba547ac]: Words in s. 45D inserted (18.2.2026) by [Employment Rights Act 2025 (c. 36)](https://www.legislation.gov.uk/ukpga/2025/36), [ss. 86(2)](https://www.legislation.gov.uk/ukpga/2025/36/section/86/2), [159(2)(q)](https://www.legislation.gov.uk/ukpga/2025/36/section/159/2/q) (with transitional provisions and savings in [S.I. 2026/3](https://www.legislation.gov.uk/uksi/2026/3), [Sch. 2 para. 18](https://www.legislation.gov.uk/uksi/2026/3/schedule/2/paragraph/18))
[^key-74bd928b99de137e1a1bd29730c0911d]: Words in s. 54(1) omitted (18.2.2026) by virtue of [Employment Rights Act 2025 (c. 36)](https://www.legislation.gov.uk/ukpga/2025/36), [ss. 83(3)](https://www.legislation.gov.uk/ukpga/2025/36/section/83/3), [159(2)(o)](https://www.legislation.gov.uk/ukpga/2025/36/section/159/2/o) (with transitional provisions and savings in [S.I. 2026/3](https://www.legislation.gov.uk/uksi/2026/3), [Sch. 2 para. 16](https://www.legislation.gov.uk/uksi/2026/3/schedule/2/paragraph/16))
[^key-5e821c27be624a9239d429b29d81a81b]: Word in s. 55(1) omitted (18.2.2026) by virtue of [Employment Rights Act 2025 (c. 36)](https://www.legislation.gov.uk/ukpga/2025/36), [ss. 83(4)(b)(i)](https://www.legislation.gov.uk/ukpga/2025/36/section/83/4/b/i), [159(2)(o)](https://www.legislation.gov.uk/ukpga/2025/36/section/159/2/o) (with transitional provisions and savings in [S.I. 2026/3](https://www.legislation.gov.uk/uksi/2026/3), [Sch. 2 para. 16](https://www.legislation.gov.uk/uksi/2026/3/schedule/2/paragraph/16))
[^key-c506ada5dd7587df463a84b2e0e98869]: Words in s. 55(2)(b) omitted (18.2.2026) by virtue of [Employment Rights Act 2025 (c. 36)](https://www.legislation.gov.uk/ukpga/2025/36), [ss. 83(4)(c)(i)](https://www.legislation.gov.uk/ukpga/2025/36/section/83/4/c/i), [159(2)(o)](https://www.legislation.gov.uk/ukpga/2025/36/section/159/2/o) (with transitional provisions and savings in [S.I. 2026/3](https://www.legislation.gov.uk/uksi/2026/3), [Sch. 2 para. 16](https://www.legislation.gov.uk/uksi/2026/3/schedule/2/paragraph/16))
[^key-6758e2bb8817d2454245108092851f7f]: S. 55(1)(b) and word omitted (18.2.2026) by virtue of [Employment Rights Act 2025 (c. 36)](https://www.legislation.gov.uk/ukpga/2025/36), [ss. 83(4)(b)(ii)](https://www.legislation.gov.uk/ukpga/2025/36/section/83/4/b/ii), [159(2)(o)](https://www.legislation.gov.uk/ukpga/2025/36/section/159/2/o) (with transitional provisions and savings in [S.I. 2026/3](https://www.legislation.gov.uk/uksi/2026/3), [Sch. 2 para. 16](https://www.legislation.gov.uk/uksi/2026/3/schedule/2/paragraph/16))
[^key-9d2b6b7b7466266bf66688fa1d5d8833]: Words in s. 55(2)(c) omitted (18.2.2026) by virtue of [Employment Rights Act 2025 (c. 36)](https://www.legislation.gov.uk/ukpga/2025/36), [ss. 83(4)(c)(ii)](https://www.legislation.gov.uk/ukpga/2025/36/section/83/4/c/ii), [159(2)(o)](https://www.legislation.gov.uk/ukpga/2025/36/section/159/2/o) (with transitional provisions and savings in [S.I. 2026/3](https://www.legislation.gov.uk/uksi/2026/3), [Sch. 2 para. 16](https://www.legislation.gov.uk/uksi/2026/3/schedule/2/paragraph/16))
[^key-8590ffe8d6f1a6994c8de031bef53161]: Words in s. 56A inserted (18.2.2026) by [Employment Rights Act 2025 (c. 36)](https://www.legislation.gov.uk/ukpga/2025/36), [ss. 86(3)](https://www.legislation.gov.uk/ukpga/2025/36/section/86/3), [159(2)(q)](https://www.legislation.gov.uk/ukpga/2025/36/section/159/2/q) (with transitional provisions and savings in [S.I. 2026/3](https://www.legislation.gov.uk/uksi/2026/3), [Sch. 2 para. 18](https://www.legislation.gov.uk/uksi/2026/3/schedule/2/paragraph/18))
[^key-323a5ee7a787d6d9de700a001dd17900]: Words in s. 72A(1) omitted (18.2.2026) by virtue of [Employment Rights Act 2025 (c. 36)](https://www.legislation.gov.uk/ukpga/2025/36), [ss. 83(5)(a)](https://www.legislation.gov.uk/ukpga/2025/36/section/83/5/a), [159(2)(o)](https://www.legislation.gov.uk/ukpga/2025/36/section/159/2/o) (with transitional provisions and savings in [S.I. 2026/3](https://www.legislation.gov.uk/uksi/2026/3), [Sch. 2 para. 16](https://www.legislation.gov.uk/uksi/2026/3/schedule/2/paragraph/16))
[^key-65287f18ef12c7192e01c9ed229946c6]: Words in s. 72A(2A)(b) omitted (18.2.2026) by virtue of [Employment Rights Act 2025 (c. 36)](https://www.legislation.gov.uk/ukpga/2025/36), [ss. 83(5)(b)(i)](https://www.legislation.gov.uk/ukpga/2025/36/section/83/5/b/i), [159(2)(o)](https://www.legislation.gov.uk/ukpga/2025/36/section/159/2/o) (with transitional provisions and savings in [S.I. 2026/3](https://www.legislation.gov.uk/uksi/2026/3), [Sch. 2 para. 16](https://www.legislation.gov.uk/uksi/2026/3/schedule/2/paragraph/16))
[^key-ad2f83ca291177a3c4898e71d65bb25c]: Words in s. 72A(2A)(c) omitted (18.2.2026) by virtue of [Employment Rights Act 2025 (c. 36)](https://www.legislation.gov.uk/ukpga/2025/36), [ss. 83(5)(b)(ii)](https://www.legislation.gov.uk/ukpga/2025/36/section/83/5/b/ii), [159(2)(o)](https://www.legislation.gov.uk/ukpga/2025/36/section/159/2/o) (with transitional provisions and savings in [S.I. 2026/3](https://www.legislation.gov.uk/uksi/2026/3), [Sch. 2 para. 16](https://www.legislation.gov.uk/uksi/2026/3/schedule/2/paragraph/16))
[^key-a9ad16b7e897152cd06654d19e647e87]: S. 73(3) omitted (18.2.2026) by virtue of [Employment Rights Act 2025 (c. 36)](https://www.legislation.gov.uk/ukpga/2025/36), [ss. 61(a)](https://www.legislation.gov.uk/ukpga/2025/36/section/61/a), [159(2)(a)](https://www.legislation.gov.uk/ukpga/2025/36/section/159/2/a)
[^key-96fa967a31a557c5c9efde0a409078aa]: Words in s. 73(4) substituted (18.2.2026) by [Employment Rights Act 2025 (c. 36)](https://www.legislation.gov.uk/ukpga/2025/36), [ss. 61(b)](https://www.legislation.gov.uk/ukpga/2025/36/section/61/b), [159(2)(a)](https://www.legislation.gov.uk/ukpga/2025/36/section/159/2/a)
[^key-ae01263ee57bbeee5caa4a52394998ad]: Words in s. 79(1) omitted (18.2.2026) by virtue of [Employment Rights Act 2025 (c. 36)](https://www.legislation.gov.uk/ukpga/2025/36), [ss. 83(6)](https://www.legislation.gov.uk/ukpga/2025/36/section/83/6), [159(2)(o)](https://www.legislation.gov.uk/ukpga/2025/36/section/159/2/o) (with transitional provisions and savings in [S.I. 2026/3](https://www.legislation.gov.uk/uksi/2026/3), [Sch. 2 para. 16](https://www.legislation.gov.uk/uksi/2026/3/schedule/2/paragraph/16))
[^key-4da69d6f7c13cd0795f6a15d049421c0]: Word in s. 80(1) omitted (18.2.2026) by virtue of [Employment Rights Act 2025 (c. 36)](https://www.legislation.gov.uk/ukpga/2025/36), [ss. 83(7)(b)(i)](https://www.legislation.gov.uk/ukpga/2025/36/section/83/7/b/i), [159(2)(o)](https://www.legislation.gov.uk/ukpga/2025/36/section/159/2/o) (with transitional provisions and savings in [S.I. 2026/3](https://www.legislation.gov.uk/uksi/2026/3), [Sch. 2 para. 16](https://www.legislation.gov.uk/uksi/2026/3/schedule/2/paragraph/16))
[^key-635514cd7256c99dfc3a5199cd104e5a]: Words in s. 80(1) omitted (18.2.2026) by virtue of [Employment Rights Act 2025 (c. 36)](https://www.legislation.gov.uk/ukpga/2025/36), [ss. 83(7)(b)(ii)](https://www.legislation.gov.uk/ukpga/2025/36/section/83/7/b/ii), [159(2)(o)](https://www.legislation.gov.uk/ukpga/2025/36/section/159/2/o) (with transitional provisions and savings in [S.I. 2026/3](https://www.legislation.gov.uk/uksi/2026/3), [Sch. 2 para. 16](https://www.legislation.gov.uk/uksi/2026/3/schedule/2/paragraph/16))
[^key-a9a79acfbaae9244f9ed649f34d66977]: Words in s. 80(2)(b) omitted (18.2.2026) by virtue of [Employment Rights Act 2025 (c. 36)](https://www.legislation.gov.uk/ukpga/2025/36), [ss. 83(7)(c)(i)](https://www.legislation.gov.uk/ukpga/2025/36/section/83/7/c/i), [159(2)(o)](https://www.legislation.gov.uk/ukpga/2025/36/section/159/2/o) (with transitional provisions and savings in [S.I. 2026/3](https://www.legislation.gov.uk/uksi/2026/3), [Sch. 2 para. 16](https://www.legislation.gov.uk/uksi/2026/3/schedule/2/paragraph/16))
[^key-7db1b4fa777872cd58c51505880c0fa2]: Words in s. 80(2)(c) omitted (18.2.2026) by virtue of [Employment Rights Act 2025 (c. 36)](https://www.legislation.gov.uk/ukpga/2025/36), [ss. 83(7)(c)(ii)](https://www.legislation.gov.uk/ukpga/2025/36/section/83/7/c/ii), [159(2)(o)](https://www.legislation.gov.uk/ukpga/2025/36/section/159/2/o) (with transitional provisions and savings in [S.I. 2026/3](https://www.legislation.gov.uk/uksi/2026/3), [Sch. 2 para. 16](https://www.legislation.gov.uk/uksi/2026/3/schedule/2/paragraph/16))
[^key-33af636e1b6c21cb89f80dfdfe811b80]: Words in s. 82(2) omitted (18.2.2026) by virtue of [Employment Rights Act 2025 (c. 36)](https://www.legislation.gov.uk/ukpga/2025/36), [ss. 83(8)(a)](https://www.legislation.gov.uk/ukpga/2025/36/section/83/8/a), [159(2)(o)](https://www.legislation.gov.uk/ukpga/2025/36/section/159/2/o) (with transitional provisions and savings in [S.I. 2026/3](https://www.legislation.gov.uk/uksi/2026/3), [Sch. 2 para. 16](https://www.legislation.gov.uk/uksi/2026/3/schedule/2/paragraph/16))
[^key-fec198e426377039884238d925168860]: Words in s. 82(1)(ca)(i) substituted (18.2.2026) by [Employment Rights Act 2025 (c. 36)](https://www.legislation.gov.uk/ukpga/2025/36), [ss. 62(2)](https://www.legislation.gov.uk/ukpga/2025/36/section/62/2), [159(2)(b)](https://www.legislation.gov.uk/ukpga/2025/36/section/159/2/b)
[^key-0f4d9ef7a747c0eaa320e3eabb3c786e]: Words in s. 82(3)(b) omitted (18.2.2026) by virtue of [Employment Rights Act 2025 (c. 36)](https://www.legislation.gov.uk/ukpga/2025/36), [ss. 83(8)(b)(i)](https://www.legislation.gov.uk/ukpga/2025/36/section/83/8/b/i), [159(2)(o)](https://www.legislation.gov.uk/ukpga/2025/36/section/159/2/o) (with transitional provisions and savings in [S.I. 2026/3](https://www.legislation.gov.uk/uksi/2026/3), [Sch. 2 para. 16](https://www.legislation.gov.uk/uksi/2026/3/schedule/2/paragraph/16))
[^key-a3ea62f765d5339d24967b25ee62b0fd]: Words in s. 82(3)(c) omitted (18.2.2026) by virtue of [Employment Rights Act 2025 (c. 36)](https://www.legislation.gov.uk/ukpga/2025/36), [ss. 83(8)(b)(ii)](https://www.legislation.gov.uk/ukpga/2025/36/section/83/8/b/ii), [159(2)(o)](https://www.legislation.gov.uk/ukpga/2025/36/section/159/2/o) (with transitional provisions and savings in [S.I. 2026/3](https://www.legislation.gov.uk/uksi/2026/3), [Sch. 2 para. 16](https://www.legislation.gov.uk/uksi/2026/3/schedule/2/paragraph/16))
[^key-1541561a3b52e6858bb5534e1e04984d]: S. 84 substituted (18.2.2026) by [Employment Rights Act 2025 (c. 36)](https://www.legislation.gov.uk/ukpga/2025/36), [ss. 62(3)](https://www.legislation.gov.uk/ukpga/2025/36/section/62/3), [159(2)(b)](https://www.legislation.gov.uk/ukpga/2025/36/section/159/2/b) (with transitional provisions and savings in [S.I. 2026/3](https://www.legislation.gov.uk/uksi/2026/3), [Sch. 2 paras. 2-4](https://www.legislation.gov.uk/uksi/2026/3/schedule/2/paragraph/2))
[^key-8267184b0c5d2d5ff2b84ea99a661f84]: Words in s. 86(1) substituted (18.2.2026) by [Employment Rights Act 2025 (c. 36)](https://www.legislation.gov.uk/ukpga/2025/36), [ss. 62(4)](https://www.legislation.gov.uk/ukpga/2025/36/section/62/4), [159(2)(b)](https://www.legislation.gov.uk/ukpga/2025/36/section/159/2/b)
[^M_F_b11c198a-49fb-4c34-9810-cb091677c4ad]: S. 84A substituted (18.2.2026) by [Employment Rights Act 2025 (c. 36)](https://www.legislation.gov.uk/ukpga/2025/36), [ss. 62(3)](https://www.legislation.gov.uk/ukpga/2025/36/section/62/3), [159(2)(b)](https://www.legislation.gov.uk/ukpga/2025/36/section/159/2/b) (with transitional provisions and savings in [S.I. 2026/3](https://www.legislation.gov.uk/uksi/2026/3), [Sch. 2 paras. 2-4](https://www.legislation.gov.uk/uksi/2026/3/schedule/2/paragraph/2))
[^key-acf57193ea765d0880d169b6d3f1a166]: S. 94(1)(b) and word inserted (18.2.2026) by [Employment Rights Act 2025 (c. 36)](https://www.legislation.gov.uk/ukpga/2025/36), [ss. 62(5)(a)](https://www.legislation.gov.uk/ukpga/2025/36/section/62/5/a), [159(2)(b)](https://www.legislation.gov.uk/ukpga/2025/36/section/159/2/b)
[^key-83d042be18afb4078a1fbd0f2a48839f]: Words in s. 94(2) inserted (18.2.2026) by [Employment Rights Act 2025 (c. 36)](https://www.legislation.gov.uk/ukpga/2025/36), [ss. 62(5)(b)](https://www.legislation.gov.uk/ukpga/2025/36/section/62/5/b), [159(2)(b)](https://www.legislation.gov.uk/ukpga/2025/36/section/159/2/b)
[^key-6ecc6ddb252f6401015a870734b74035]: Words in s. 95 inserted (18.2.2026) by [Employment Rights Act 2025 (c. 36)](https://www.legislation.gov.uk/ukpga/2025/36), [ss. 86(4)](https://www.legislation.gov.uk/ukpga/2025/36/section/86/4), [159(2)(q)](https://www.legislation.gov.uk/ukpga/2025/36/section/159/2/q) (with transitional provisions and savings in [S.I. 2026/3](https://www.legislation.gov.uk/uksi/2026/3), [Sch. 2 para. 18](https://www.legislation.gov.uk/uksi/2026/3/schedule/2/paragraph/18))
[^key-ff0663d6068b920649caa8d324dbc790]: Words in s. 103(1) omitted (18.2.2026) by virtue of [Employment Rights Act 2025 (c. 36)](https://www.legislation.gov.uk/ukpga/2025/36), [ss. 83(9)(b)](https://www.legislation.gov.uk/ukpga/2025/36/section/83/9/b), [159(2)(o)](https://www.legislation.gov.uk/ukpga/2025/36/section/159/2/o) (with transitional provisions and savings in [S.I. 2026/3](https://www.legislation.gov.uk/uksi/2026/3), [Sch. 2 para. 16](https://www.legislation.gov.uk/uksi/2026/3/schedule/2/paragraph/16))
[^key-59309fc95f84c22674e4cb887686ff2c]: Words in s. 103(3A)(b) omitted (18.2.2026) by virtue of [Employment Rights Act 2025 (c. 36)](https://www.legislation.gov.uk/ukpga/2025/36), [ss. 83(9)(c)(i)](https://www.legislation.gov.uk/ukpga/2025/36/section/83/9/c/i), [159(2)(o)](https://www.legislation.gov.uk/ukpga/2025/36/section/159/2/o) (with transitional provisions and savings in [S.I. 2026/3](https://www.legislation.gov.uk/uksi/2026/3), [Sch. 2 para. 16](https://www.legislation.gov.uk/uksi/2026/3/schedule/2/paragraph/16))
[^key-4536b8979a049baadfc78b262133f16d]: Words in s. 103(3A)(c) omitted (18.2.2026) by virtue of [Employment Rights Act 2025 (c. 36)](https://www.legislation.gov.uk/ukpga/2025/36), [ss. 83(9)(c)(ii)](https://www.legislation.gov.uk/ukpga/2025/36/section/83/9/c/ii), [159(2)(o)](https://www.legislation.gov.uk/ukpga/2025/36/section/159/2/o) (with transitional provisions and savings in [S.I. 2026/3](https://www.legislation.gov.uk/uksi/2026/3), [Sch. 2 para. 16](https://www.legislation.gov.uk/uksi/2026/3/schedule/2/paragraph/16))
[^key-1c0f0c94210e0db8efdf4e2ce0f10667]: Words in s. 104 inserted (18.2.2026) by [Employment Rights Act 2025 (c. 36)](https://www.legislation.gov.uk/ukpga/2025/36), [ss. 86(5)](https://www.legislation.gov.uk/ukpga/2025/36/section/86/5), [159(2)(q)](https://www.legislation.gov.uk/ukpga/2025/36/section/159/2/q) (with transitional provisions and savings in [S.I. 2026/3](https://www.legislation.gov.uk/uksi/2026/3), [Sch. 2 para. 18](https://www.legislation.gov.uk/uksi/2026/3/schedule/2/paragraph/18))
[^key-6f566e214e31525da2778c66c2ccde33]: Words in s. 108C inserted (18.2.2026) by [Employment Rights Act 2025 (c. 36)](https://www.legislation.gov.uk/ukpga/2025/36), [ss. 86(6)](https://www.legislation.gov.uk/ukpga/2025/36/section/86/6), [159(2)(q)](https://www.legislation.gov.uk/ukpga/2025/36/section/159/2/q) (with transitional provisions and savings in [S.I. 2026/3](https://www.legislation.gov.uk/uksi/2026/3), [Sch. 2 para. 18](https://www.legislation.gov.uk/uksi/2026/3/schedule/2/paragraph/18))
[^key-e045e8576bd3ec8b396debdade4f09c0]: Words in s. 131(1) omitted (18.2.2026) by virtue of [Employment Rights Act 2025 (c. 36)](https://www.legislation.gov.uk/ukpga/2025/36), [ss. 80(5)](https://www.legislation.gov.uk/ukpga/2025/36/section/80/5), [159(2)(m)](https://www.legislation.gov.uk/ukpga/2025/36/section/159/2/m) (with transitional provisions and savings in [S.I. 2026/3](https://www.legislation.gov.uk/uksi/2026/3), [Sch. 2 para. 13](https://www.legislation.gov.uk/uksi/2026/3/schedule/2/paragraph/13))
[^key-51b2b07587ebde03c49cccac38d163fe]: Words in s. 135(3) omitted (18.2.2026) by virtue of [Employment Rights Act 2025 (c. 36)](https://www.legislation.gov.uk/ukpga/2025/36), [ss. 80(6)](https://www.legislation.gov.uk/ukpga/2025/36/section/80/6), [159(2)(m)](https://www.legislation.gov.uk/ukpga/2025/36/section/159/2/m) (with transitional provisions and savings in [S.I. 2026/3](https://www.legislation.gov.uk/uksi/2026/3), [Sch. 2 para. 13](https://www.legislation.gov.uk/uksi/2026/3/schedule/2/paragraph/13))
[^key-1459c52f75b0fc5412aedf33ab4165b0]: S. 172A omitted (18.2.2026) by virtue of [Employment Rights Act 2025 (c. 36)](https://www.legislation.gov.uk/ukpga/2025/36), [ss. 66(1)(a)](https://www.legislation.gov.uk/ukpga/2025/36/section/66/1/a), [159(2)(d)](https://www.legislation.gov.uk/ukpga/2025/36/section/159/2/d) (with transitional provisions and savings in [S.I. 2026/3](https://www.legislation.gov.uk/uksi/2026/3), [Sch. 2 para. 6](https://www.legislation.gov.uk/uksi/2026/3/schedule/2/paragraph/6))
[^key-8ed424e397063ceaf8da4e07f1ef1eab]: S. 172B omitted (18.2.2026) by virtue of [Employment Rights Act 2025 (c. 36)](https://www.legislation.gov.uk/ukpga/2025/36), [ss. 66(1)(b)](https://www.legislation.gov.uk/ukpga/2025/36/section/66/1/b), [159(2)(d)](https://www.legislation.gov.uk/ukpga/2025/36/section/159/2/d)
[^key-2aff7148960752f9590c20026ca94750]: S. 193A(3)(4) inserted (18.2.2026) by [Employment Rights Act 2025 (c. 36)](https://www.legislation.gov.uk/ukpga/2025/36), [ss. 31(5)](https://www.legislation.gov.uk/ukpga/2025/36/section/31/5), [159(3)](https://www.legislation.gov.uk/ukpga/2025/36/section/159/3); [S.I. 2026/3](https://www.legislation.gov.uk/uksi/2026/3), [reg. 3(5)](https://www.legislation.gov.uk/uksi/2026/3/regulation/3/5)
[^key-83f03da75ff8f5e08ab533c138bd6c81]: Words in s. 193A(1) substituted (18.2.2026) by [Employment Rights Act 2025 (c. 36)](https://www.legislation.gov.uk/ukpga/2025/36), [ss. 31(3)(a)](https://www.legislation.gov.uk/ukpga/2025/36/section/31/3/a), [159(3)](https://www.legislation.gov.uk/ukpga/2025/36/section/159/3); [S.I. 2026/3](https://www.legislation.gov.uk/uksi/2026/3), [reg. 3(5)](https://www.legislation.gov.uk/uksi/2026/3/regulation/3/5)
[^key-192b56396e8f9d98c20b726aa0fe0227]: Words in s. 193A(2) inserted (18.2.2026) by [Employment Rights Act 2025 (c. 36)](https://www.legislation.gov.uk/ukpga/2025/36), [ss. 31(4)(a)](https://www.legislation.gov.uk/ukpga/2025/36/section/31/4/a), [159(3)](https://www.legislation.gov.uk/ukpga/2025/36/section/159/3); [S.I. 2026/3](https://www.legislation.gov.uk/uksi/2026/3), [reg. 3(5)](https://www.legislation.gov.uk/uksi/2026/3/regulation/3/5)
[^key-6e4c6a187fe250ae82ca7c4c75bf8166]: Word in s. 193A(2) substituted (18.2.2026) by [Employment Rights Act 2025 (c. 36)](https://www.legislation.gov.uk/ukpga/2025/36), [ss. 31(4)(b)](https://www.legislation.gov.uk/ukpga/2025/36/section/31/4/b), [159(3)](https://www.legislation.gov.uk/ukpga/2025/36/section/159/3); [S.I. 2026/3](https://www.legislation.gov.uk/uksi/2026/3), [reg. 3(5)](https://www.legislation.gov.uk/uksi/2026/3/regulation/3/5)
[^key-2195c2450aa6bc30da6931e5179303d8]: Words in s. 193A(2) substituted (18.2.2026) by [Employment Rights Act 2025 (c. 36)](https://www.legislation.gov.uk/ukpga/2025/36), [ss. 31(4)(c)](https://www.legislation.gov.uk/ukpga/2025/36/section/31/4/c), [159(3)](https://www.legislation.gov.uk/ukpga/2025/36/section/159/3); [S.I. 2026/3](https://www.legislation.gov.uk/uksi/2026/3), [reg. 3(5)](https://www.legislation.gov.uk/uksi/2026/3/regulation/3/5)
[^key-0fa233feba8c9a3a08c1d9c4de5e4140]: Words in s. 193A(1)(b) inserted (18.2.2026) by [Employment Rights Act 2025 (c. 36)](https://www.legislation.gov.uk/ukpga/2025/36), [ss. 31(3)(b)(i)](https://www.legislation.gov.uk/ukpga/2025/36/section/31/3/b/i), [159(3)](https://www.legislation.gov.uk/ukpga/2025/36/section/159/3); [S.I. 2026/3](https://www.legislation.gov.uk/uksi/2026/3), [reg. 3(5)](https://www.legislation.gov.uk/uksi/2026/3/regulation/3/5)
[^key-216ae98155e587bd7665ef4187a73085]: Word in s. 193A(1)(b) substituted (18.2.2026) by [Employment Rights Act 2025 (c. 36)](https://www.legislation.gov.uk/ukpga/2025/36), [ss. 31(3)(b)(ii)](https://www.legislation.gov.uk/ukpga/2025/36/section/31/3/b/ii), [159(3)](https://www.legislation.gov.uk/ukpga/2025/36/section/159/3); [S.I. 2026/3](https://www.legislation.gov.uk/uksi/2026/3), [reg. 3(5)](https://www.legislation.gov.uk/uksi/2026/3/regulation/3/5)
[^key-cca25a44421f6dc59ac3b92a280d57e2]: Words in s. 219(3) substituted (18.2.2026) by [Employment Rights Act 2025 (c. 36)](https://www.legislation.gov.uk/ukpga/2025/36), [ss. 75(1)(a)](https://www.legislation.gov.uk/ukpga/2025/36/section/75/1/a), [159(2)(l)](https://www.legislation.gov.uk/ukpga/2025/36/section/159/2/l)
[^key-0e667ac54f992e422e074ec102984896]: S. 220A omitted (18.2.2026) by virtue of [Employment Rights Act 2025 (c. 36)](https://www.legislation.gov.uk/ukpga/2025/36), [ss. 75(1)(b)](https://www.legislation.gov.uk/ukpga/2025/36/section/75/1/b), [159(2)(l)](https://www.legislation.gov.uk/ukpga/2025/36/section/159/2/l)
[^key-48bc50295c780fb2078da8455fb4e30b]: Words in s. 226(2)(a)(iii) substituted (18.2.2026) by [Employment Rights Act 2025 (c. 36)](https://www.legislation.gov.uk/ukpga/2025/36), [ss. 69(2)(a)](https://www.legislation.gov.uk/ukpga/2025/36/section/69/2/a), [159(2)(f)](https://www.legislation.gov.uk/ukpga/2025/36/section/159/2/f) (with transitional provisions and savings in [S.I. 2026/3](https://www.legislation.gov.uk/uksi/2026/3), [Sch. 2 para. 7](https://www.legislation.gov.uk/uksi/2026/3/schedule/2/paragraph/7))
[^key-8027f091c4cda59b2b5b5a21e421c77e]: S. 226(2A)-(2F) omitted (18.2.2026) by virtue of [Employment Rights Act 2025 (c. 36)](https://www.legislation.gov.uk/ukpga/2025/36), [ss. 69(2)(b)](https://www.legislation.gov.uk/ukpga/2025/36/section/69/2/b), [159(2)(f)](https://www.legislation.gov.uk/ukpga/2025/36/section/159/2/f) (with transitional provisions and savings in [S.I. 2026/3](https://www.legislation.gov.uk/uksi/2026/3), [Sch. 2 para. 7](https://www.legislation.gov.uk/uksi/2026/3/schedule/2/paragraph/7))
[^key-625fe0a030ba328939a0f916fa9eb1dd]: Words in s. 226A(2)(c)(ii) substituted (18.2.2026) by [Employment Rights Act 2025 (c. 36)](https://www.legislation.gov.uk/ukpga/2025/36), [ss. 70(a)(ii)](https://www.legislation.gov.uk/ukpga/2025/36/section/70/a/ii), [159(2)(g)](https://www.legislation.gov.uk/ukpga/2025/36/section/159/2/g)
[^key-592d917130d1c54d83fccf9b66dce5ac]: S. 226A(2B) substituted (18.2.2026) by [Employment Rights Act 2025 (c. 36)](https://www.legislation.gov.uk/ukpga/2025/36), [ss. 70(b)](https://www.legislation.gov.uk/ukpga/2025/36/section/70/b), [159(2)(g)](https://www.legislation.gov.uk/ukpga/2025/36/section/159/2/g)
[^key-9a24cfc6d799638e60da810b966ccc95]: Words in s. 226A(2C)(b) omitted (18.2.2026) by virtue of [Employment Rights Act 2025 (c. 36)](https://www.legislation.gov.uk/ukpga/2025/36), [ss. 70(c)(i)](https://www.legislation.gov.uk/ukpga/2025/36/section/70/c/i), [159(2)(g)](https://www.legislation.gov.uk/ukpga/2025/36/section/159/2/g)
[^key-de455006f9246a38e0d9d3179de8b5d3]: Words in s. 226A(2C)(c) omitted (18.2.2026) by virtue of [Employment Rights Act 2025 (c. 36)](https://www.legislation.gov.uk/ukpga/2025/36), [ss. 70(c)(ii)](https://www.legislation.gov.uk/ukpga/2025/36/section/70/c/ii), [159(2)(g)](https://www.legislation.gov.uk/ukpga/2025/36/section/159/2/g)
[^key-dc9f7dcddec22a09c26943fcad47d014]: Words in s. 226A(2D) substituted (18.2.2026) by [Employment Rights Act 2025 (c. 36)](https://www.legislation.gov.uk/ukpga/2025/36), [ss. 70(d)](https://www.legislation.gov.uk/ukpga/2025/36/section/70/d), [159(2)(g)](https://www.legislation.gov.uk/ukpga/2025/36/section/159/2/g)
[^key-bcb40932e17ef7c6c6c4e22eba68adc9]: Words in s. 226A(2)(c)(i) substituted (18.2.2026) by [Employment Rights Act 2025 (c. 36)](https://www.legislation.gov.uk/ukpga/2025/36), [ss. 70(a)(i)](https://www.legislation.gov.uk/ukpga/2025/36/section/70/a/i), [159(2)(g)](https://www.legislation.gov.uk/ukpga/2025/36/section/159/2/g)
[^key-c38abbf26c6442640d84544d31d0bb09]: S. 229(2B)-(2D) omitted (18.2.2026) by virtue of [Employment Rights Act 2025 (c. 36)](https://www.legislation.gov.uk/ukpga/2025/36), [ss. 71(1)](https://www.legislation.gov.uk/ukpga/2025/36/section/71/1), [159(2)(h)](https://www.legislation.gov.uk/ukpga/2025/36/section/159/2/h) (with transitional provisions and savings in [S.I. 2026/3](https://www.legislation.gov.uk/uksi/2026/3), [Sch. 2 para. 8](https://www.legislation.gov.uk/uksi/2026/3/schedule/2/paragraph/8))
[^key-9317032555f4f5ce888888e623308442]: Words in [s. 229(4)](https://www.legislation.gov.uk/ukpga/1992/52/section/229/4) omitted (18.2.2026) by virtue of [Employment Rights Act 2025 (c. 36)](https://www.legislation.gov.uk/ukpga/2025/36), [ss. 77(2)](https://www.legislation.gov.uk/ukpga/2025/36/section/77/2), [159(3)](https://www.legislation.gov.uk/ukpga/2025/36/section/159/3); [S.I. 2026/3](https://www.legislation.gov.uk/uksi/2026/3), [reg. 3(8)](https://www.legislation.gov.uk/uksi/2026/3/regulation/3/8) (with transitional provisions and savings in [Sch. 2 para. 11](https://www.legislation.gov.uk/uksi/2026/3/schedule/2/paragraph/11))
[^key-6e81366356694500ce4c86f3d17c1e49]: Word in s. 231(e) inserted (18.2.2026) by [Employment Rights Act 2025 (c. 36)](https://www.legislation.gov.uk/ukpga/2025/36), [ss. 69(3)(a)](https://www.legislation.gov.uk/ukpga/2025/36/section/69/3/a), [159(2)(f)](https://www.legislation.gov.uk/ukpga/2025/36/section/159/2/f) (with transitional provisions and savings in [S.I. 2026/3](https://www.legislation.gov.uk/uksi/2026/3), [Sch. 2 para. 7](https://www.legislation.gov.uk/uksi/2026/3/schedule/2/paragraph/7))
[^key-381231c6495c91ef4d68d299ae70a151]: S. 231(g) and word omitted (18.2.2026) by virtue of [Employment Rights Act 2025 (c. 36)](https://www.legislation.gov.uk/ukpga/2025/36), [ss. 69(3)(b)](https://www.legislation.gov.uk/ukpga/2025/36/section/69/3/b), [159(2)(f)](https://www.legislation.gov.uk/ukpga/2025/36/section/159/2/f) (with transitional provisions and savings in [S.I. 2026/3](https://www.legislation.gov.uk/uksi/2026/3), [Sch. 2 para. 7](https://www.legislation.gov.uk/uksi/2026/3/schedule/2/paragraph/7))
[^key-c1db2c67cec2f812d99ddc39ab562536]: Words in s. 234(1) substituted (18.2.2026) by [Employment Rights Act 2025 (c. 36)](https://www.legislation.gov.uk/ukpga/2025/36), [ss. 72](https://www.legislation.gov.uk/ukpga/2025/36/section/72), [159(2)(i)](https://www.legislation.gov.uk/ukpga/2025/36/section/159/2/i) (with transitional provisions and savings in [S.I. 2026/3](https://www.legislation.gov.uk/uksi/2026/3), [Sch. 2 para. 9](https://www.legislation.gov.uk/uksi/2026/3/schedule/2/paragraph/9))
[^key-21d9d2cec4e60d2b8a2e47dcd4628190]: S. 234A(3B)(b) omitted (18.2.2026) by virtue of [Employment Rights Act 2025 (c. 36)](https://www.legislation.gov.uk/ukpga/2025/36), [ss. 74(1)(a)](https://www.legislation.gov.uk/ukpga/2025/36/section/74/1/a), [159(2)(k)](https://www.legislation.gov.uk/ukpga/2025/36/section/159/2/k) (with transitional provisions and savings in [S.I. 2026/3](https://www.legislation.gov.uk/uksi/2026/3), [Sch. 2 para. 10](https://www.legislation.gov.uk/uksi/2026/3/schedule/2/paragraph/10))
[^key-d98a03667c91bf9bd9db76e2f24ed48f]: Words in s. 234A(3C)(b) omitted (18.2.2026) by virtue of [Employment Rights Act 2025 (c. 36)](https://www.legislation.gov.uk/ukpga/2025/36), [ss. 74(1)(b)](https://www.legislation.gov.uk/ukpga/2025/36/section/74/1/b), [159(2)(k)](https://www.legislation.gov.uk/ukpga/2025/36/section/159/2/k) (with transitional provisions and savings in [S.I. 2026/3](https://www.legislation.gov.uk/uksi/2026/3), [Sch. 2 para. 10](https://www.legislation.gov.uk/uksi/2026/3/schedule/2/paragraph/10))
[^key-8db6f02a1c001ace2f13d10afbbe5170]: S. 234A(4)(b) substituted (18.2.2026) by [Employment Rights Act 2025 (c. 36)](https://www.legislation.gov.uk/ukpga/2025/36), [ss. 74(1)(c)](https://www.legislation.gov.uk/ukpga/2025/36/section/74/1/c), [159(2)(k)](https://www.legislation.gov.uk/ukpga/2025/36/section/159/2/k) (with transitional provisions and savings in [S.I. 2026/3](https://www.legislation.gov.uk/uksi/2026/3), [Sch. 2 para. 10](https://www.legislation.gov.uk/uksi/2026/3/schedule/2/paragraph/10))
[^key-4986427061bbecf709f11054963afa4a]: S. 238A(9) omitted (18.2.2026) by virtue of [Employment Rights Act 2025 (c. 36)](https://www.legislation.gov.uk/ukpga/2025/36), [ss. 77(3)(c)](https://www.legislation.gov.uk/ukpga/2025/36/section/77/3/c), [159(3)](https://www.legislation.gov.uk/ukpga/2025/36/section/159/3); [S.I. 2026/3](https://www.legislation.gov.uk/uksi/2026/3), [reg. 3(8)](https://www.legislation.gov.uk/uksi/2026/3/regulation/3/8) (with [Sch. 2 para. 11](https://www.legislation.gov.uk/uksi/2026/3/schedule/2/paragraph/11))
[^key-1b41276e28e95bd61f1341f5994e443f]: S. 238A(2)(b) and word omitted (18.2.2026) by virtue of [Employment Rights Act 2025 (c. 36)](https://www.legislation.gov.uk/ukpga/2025/36), [ss. 77(3)(a)](https://www.legislation.gov.uk/ukpga/2025/36/section/77/3/a), [159(3)](https://www.legislation.gov.uk/ukpga/2025/36/section/159/3); [S.I. 2026/3](https://www.legislation.gov.uk/uksi/2026/3), [reg. 3(8)](https://www.legislation.gov.uk/uksi/2026/3/regulation/3/8) (with [Sch. 2 para. 11](https://www.legislation.gov.uk/uksi/2026/3/schedule/2/paragraph/11))
[^key-d968abed2f24fdec0d8705966f2bc0fb]: S. 238A(3)-(7D) omitted (18.2.2026) by virtue of [Employment Rights Act 2025 (c. 36)](https://www.legislation.gov.uk/ukpga/2025/36), [ss. 77(3)(b)](https://www.legislation.gov.uk/ukpga/2025/36/section/77/3/b), [159(3)](https://www.legislation.gov.uk/ukpga/2025/36/section/159/3); [S.I. 2026/3](https://www.legislation.gov.uk/uksi/2026/3), [reg. 3(8)](https://www.legislation.gov.uk/uksi/2026/3/regulation/3/8) (with [Sch. 2 para. 11](https://www.legislation.gov.uk/uksi/2026/3/schedule/2/paragraph/11))
[^key-583584ecc3ed7efa8f25e120d94ebf01]: S. 238B omitted (18.2.2026) by virtue of [Employment Rights Act 2025 (c. 36)](https://www.legislation.gov.uk/ukpga/2025/36), [ss. 77(4)](https://www.legislation.gov.uk/ukpga/2025/36/section/77/4), [159(3)](https://www.legislation.gov.uk/ukpga/2025/36/section/159/3); [S.I. 2026/3](https://www.legislation.gov.uk/uksi/2026/3), [reg. 3(8)](https://www.legislation.gov.uk/uksi/2026/3/regulation/3/8) (with [Sch. 2 para. 11](https://www.legislation.gov.uk/uksi/2026/3/schedule/2/paragraph/11))
[^key-69ec12c5e22e71978c26f9f2f0167718]: S. 256C omitted (18.2.2026) by virtue of [Employment Rights Act 2025 (c. 36)](https://www.legislation.gov.uk/ukpga/2025/36), [ss. 82(5)](https://www.legislation.gov.uk/ukpga/2025/36/section/82/5), [159(2)(n)](https://www.legislation.gov.uk/ukpga/2025/36/section/159/2/n) (with transitional provisions and savings in [S.I. 2026/3](https://www.legislation.gov.uk/uksi/2026/3), [Sch. 2 para. 15](https://www.legislation.gov.uk/uksi/2026/3/schedule/2/paragraph/15))
[^key-18c3b596de2a7ab6593595978ac23b2e]: S. 256D omitted (18.2.2026) by virtue of [Employment Rights Act 2025 (c. 36)](https://www.legislation.gov.uk/ukpga/2025/36), [ss. 84(2)](https://www.legislation.gov.uk/ukpga/2025/36/section/84/2), [159(2)(p)](https://www.legislation.gov.uk/ukpga/2025/36/section/159/2/p) (with transitional provisions and savings in [S.I. 2026/3](https://www.legislation.gov.uk/uksi/2026/3), [Sch. 2 para. 17](https://www.legislation.gov.uk/uksi/2026/3/schedule/2/paragraph/17))
[^key-c672cdf4a89299498d2f157faa887c13]: S. 285(3)-(7) inserted (18.2.2026) by [Employment Rights Act 2025 (c. 36)](https://www.legislation.gov.uk/ukpga/2025/36), [ss. 31(6)(b)](https://www.legislation.gov.uk/ukpga/2025/36/section/31/6/b), [159(3)](https://www.legislation.gov.uk/ukpga/2025/36/section/159/3); [S.I. 2026/3](https://www.legislation.gov.uk/uksi/2026/3), [reg. 3(5)](https://www.legislation.gov.uk/uksi/2026/3/regulation/3/5)
[^key-dca9167dcf23de9d8a1c1cf93c9844ae]: Word in s. 285(1) inserted (18.2.2026) by [Employment Rights Act 2025 (c. 36)](https://www.legislation.gov.uk/ukpga/2025/36), [ss. 87(a)](https://www.legislation.gov.uk/ukpga/2025/36/section/87/a), [159(2)(r)](https://www.legislation.gov.uk/ukpga/2025/36/section/159/2/r)
[^key-ab419e4ea0130f8fd8d4967eca029e47]: Word in s. 285(1A) inserted (18.2.2026) by [Employment Rights Act 2025 (c. 36)](https://www.legislation.gov.uk/ukpga/2025/36), [ss. 87(b)](https://www.legislation.gov.uk/ukpga/2025/36/section/87/b), [159(2)(r)](https://www.legislation.gov.uk/ukpga/2025/36/section/159/2/r)
[^key-721d7a6b14f8abfcaed6ee807c6a0bc0]: Words in s. 285(1B) inserted (18.2.2026) by [Employment Rights Act 2025 (c. 36)](https://www.legislation.gov.uk/ukpga/2025/36), [ss. 31(6)(a)](https://www.legislation.gov.uk/ukpga/2025/36/section/31/6/a), [159(3)](https://www.legislation.gov.uk/ukpga/2025/36/section/159/3); [S.I. 2026/3](https://www.legislation.gov.uk/uksi/2026/3), [reg. 3(5)](https://www.legislation.gov.uk/uksi/2026/3/regulation/3/5)
[^key-10c6411c91bf2597a878e7e67d630c51]: Word in s. 296(3) omitted (18.2.2026) by virtue of [Employment Rights Act 2025 (c. 36)](https://www.legislation.gov.uk/ukpga/2025/36), [ss. 63(1)(b)](https://www.legislation.gov.uk/ukpga/2025/36/section/63/1/b), [159(2)(c)](https://www.legislation.gov.uk/ukpga/2025/36/section/159/2/c) (with transitional provisions and savings in [S.I. 2026/3](https://www.legislation.gov.uk/uksi/2026/3), [Sch. 2 para. 5](https://www.legislation.gov.uk/uksi/2026/3/schedule/2/paragraph/5))
[^key-428dd1c67fc23ef8d353365ae93cc08f]: Words in s. 296(3) substituted (18.2.2026) by [Employment Rights Act 2025 (c. 36)](https://www.legislation.gov.uk/ukpga/2025/36), [ss. 76(3)](https://www.legislation.gov.uk/ukpga/2025/36/section/76/3), [159(3)](https://www.legislation.gov.uk/ukpga/2025/36/section/159/3); [S.I. 2026/3](https://www.legislation.gov.uk/uksi/2026/3), [reg. 3(7)](https://www.legislation.gov.uk/uksi/2026/3/regulation/3/7)
[^key-abf772785d4c93b51cdad15ee1bf9601]: S. 297B omitted (18.2.2026) by virtue of [Employment Rights Act 2025 (c. 36)](https://www.legislation.gov.uk/ukpga/2025/36), [ss. 89(a)(i)](https://www.legislation.gov.uk/ukpga/2025/36/section/89/a/i), [159(2)(s)](https://www.legislation.gov.uk/ukpga/2025/36/section/159/2/s)
[^key-41f3e1ebe1778f9db09534baf6f8b609]: Word in s. 299 substituted (18.2.2026) by [Employment Rights Act 2025 (c. 36)](https://www.legislation.gov.uk/ukpga/2025/36), [ss. 62(6)](https://www.legislation.gov.uk/ukpga/2025/36/section/62/6), [159(2)(b)](https://www.legislation.gov.uk/ukpga/2025/36/section/159/2/b)
[^key-49daf85ab6e3c2ae78d1dd659da1b566]: Words in s. 299 omitted (18.2.2026) by virtue of [Employment Rights Act 2025 (c. 36)](https://www.legislation.gov.uk/ukpga/2025/36), [ss. 89(a)(ii)](https://www.legislation.gov.uk/ukpga/2025/36/section/89/a/ii), [159(2)(s)](https://www.legislation.gov.uk/ukpga/2025/36/section/159/2/s)
[^key-4feed7402d8b0d633a2ce81aa3445bac]: Word in s. 256(1)(c) omitted (18.2.2026) by virtue of [Employment Rights Act 2025 (c. 36)](https://www.legislation.gov.uk/ukpga/2025/36), [ss. 81(5)](https://www.legislation.gov.uk/ukpga/2025/36/section/81/5), [159(3)](https://www.legislation.gov.uk/ukpga/2025/36/section/159/3); [S.I. 2026/3](https://www.legislation.gov.uk/uksi/2026/3), [reg. 3(10)](https://www.legislation.gov.uk/uksi/2026/3/regulation/3/10) (with [Sch. 2 para. 14](https://www.legislation.gov.uk/uksi/2026/3/schedule/2/paragraph/14))
[^key-5f626e96f188de5512d6a2c94c984656]: Words in s. 256(1)(c) omitted (18.2.2026) by virtue of [Employment Rights Act 2025 (c. 36)](https://www.legislation.gov.uk/ukpga/2025/36), [ss. 82(4)](https://www.legislation.gov.uk/ukpga/2025/36/section/82/4), [159(2)(n)](https://www.legislation.gov.uk/ukpga/2025/36/section/159/2/n) (with transitional provisions and savings in [S.I. 2026/3](https://www.legislation.gov.uk/uksi/2026/3), [Sch. 2 para. 15](https://www.legislation.gov.uk/uksi/2026/3/schedule/2/paragraph/15))
#### Scrutineer’s report.
#### Listing and certification after amalgamation
#### Election addresses.
#### Scrutineer’s report.
#### Registration of instrument of amalgamation or transfer.
#### Candidates.
#### Change of name of employers’ association.
#### Declarations and orders.
#### Northern Ireland unions.
#### Right to apply to Certification Officer.
#### Expressions relating to trade unions.
#### Time limit for proceedings.
#### Time limit for proceedings
#### Inducements relating to collective bargaining
##### 251B
@@ -16015,11 +16281,11 @@
#### Exclusion of power of arbiter to state case to Court of Session.
#### Remedies.
#### Appointment of scrutineer.
#### Scrutineer’s report.
#### Time limit for proceedings.
#### Notice of ballot and sample voting paper for employers.
#### Employers to be informed of ballot result.
##### 198A
@@ -16140,18 +16406,18 @@
- (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.
#### Construction of references to contract of employment in sections 226 to 234A.
#### Work notices: disclosure of information
#### Property to be vested in trustees.
#### Dismissal procedures agreements.
#### Exclusion of power of arbiter to state case to Court of Session.
#### Dismissals in connection with other industrial action.
#### 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.
@@ -16174,948 +16440,2064 @@
- (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.
#### Participation in official industrial action.
##### 24ZH
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
##### 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
- (c) may give the union an opportunity to make oral representations.
- (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;
- (c) may give the union and the member making the complaint an opportunity to make oral 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
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
##### 172A
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
##### 220A
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### ACAS.
#### House of Commons staff.
#### Repeals, consequential amendments, transitional provisions and savings.
#### 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.
##### 24ZH
##### 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
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
##### 24ZI
##### 256C
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
##### 24ZJ
##### 256D
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
##### 24ZK
##### 257A
- (1) The Secretary of State may by regulations make provision for the Certification Officer to require trade unions and employers' associations (“relevant organisations”) to pay a levy to the Officer.
- (2) The regulations must require the Certification Officer, in determining the amounts to be levied, to aim to ensure that the total amount levied over any period of three years does not exceed the total amount of the Officers's expenses over that period that are referable to specified functions of the Officer.
- (3) The regulations may make provision for determining what things count as expenses of the Certification Officer for the purposes of provision made by virtue of subsection (2), and may in particular provide for the expenses to be treated as including—
- (a) expenses incurred by ACAS in providing staff, accommodation, equipment and other facilities under section 254(5), or
- (b) expenses in respect of which payments are made under section 255(1) or (2).
- (4) The regulations may provide for the Certification Officer to determine the amount of levy payable by a relevant organisation by reference to specified criteria, which may include—
- (a) the number of members or the amount of income that the organisation has;
- (b) whether the organisation is—
- (i) a federated trade union,
- (ii) a trade union that is not a federated trade union,
- (iii) a federated employers' association, or
- (iv) an employers' association that is not a federated employers' association;
- (c) the different proportions of the Officer's expenses that are referable to—
- (i) functions in relation to federated trade unions,
- (ii) functions in relation to trade unions that are not federated trade unions,
- (iii) functions in relation to federated employers' associations, and
- (iv) functions in relation to employers' associations that are not federated employers' associations.
- (5) The regulations may provide—
- (a) for the levy not to be payable, or for a reduced amount to be payable, in specified cases or in cases determined by the Certification Officer in accordance with the regulations;
- (b) for the intervals at which the levy is to be paid;
- (c) for interest to be payable where a payment is not made by the required date;
- (d) for an amount levied to be recoverable by the Certification Officer as a debt.
- (6) The regulations may contain such incidental, supplementary or transitional provisions as appear to the Secretary of State to be necessary or expedient.
- (7) In this section—
- “federated employers' association” has the same meaning as in section 135;
- “*federated trade union*” has the same meaning as in section 118;
- “*specified*” means specified in the regulations.
- (8) Before making regulations under this section the Secretary of State must consult relevant organisations and ACAS.
- (9) No regulations under this section shall be made unless a draft of them has been laid before Parliament and approved by a resolution of each House of Parliament.
- (10) The Certification Officer shall pay into the Consolidated Fund amounts received by virtue of this section.
## SCHEDULE A3
### Introduction
##### 1
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
##### 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
- (c) may give the union an opportunity to make oral representations.
- (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
### Power of Certification Officer to require production of documents etc
##### 2
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Vexatious litigants.
#### Health service practitioners.
##### 32ZA
- (1) If industrial action was taken during any return period in response to any inducement on the part of a trade union, the union's return under section 32 for that period shall set out—
- (a) the nature of the trade dispute to which the industrial action related;
- (b) the nature of the industrial action;
- (c) when the industrial action was taken.
- (2) If a trade union held a ballot during any return period in respect of industrial action, the union's return under section 32 for that period shall contain the information mentioned in section 231 (information as to result of ballot).
- (3) In this section “*return period*” means a period for which a trade union is required to send a return to the Certification Officer under section 32.
##### 32ZB
- (1) This section applies where the expenditure of a trade union paid out of its political fund in any calendar year exceeds £2,000 in total.
- (2) The union's return for that year under section 32 must give the required information (see subsections (3) to (7)) for each category of expenditure paid out of its political fund; and for this purpose—
- (a) expenditure falling within paragraph (a) of section 72(1) is one category of expenditure, expenditure falling within paragraph (b) of section 72(1) is another, and so on;
- (b) expenditure not falling within section 72(1) is a further category of expenditure.
- (3) For expenditure falling within section 72(1)(a), (b) or (e) the required information is—
- (a) the name of each political party in relation to which money was expended;
- (b) the total amount expended in relation to each one.
- (4) For expenditure falling within section 72(1)(c) the required information is—
- (a) each election to a political office in relation to which money was expended;
- (b) in relation to each election—
- (i) the name of each political party to which money was paid, and the total amount paid to each one;
- (ii) the name of each other organisation to which money was paid, and the total amount paid to each one;
- (iii) the name of each candidate in relation to whom money was expended (or, where money was expended in relation to candidates in general of a particular political party, the name of the party), and the total amount expended in relation to each one (excluding expenditure within sub-paragraph (i) or (ii));
- (iv) the total amount of all other expenditure incurred.
- (5) For expenditure falling within section 72(1)(d) the required information is—
- (a) the name of each holder of a political office on whose maintenance money was expended;
- (b) the total amount expended in relation to each one.
- (6) For expenditure falling within section 72(1)(f) the required information is—
- (a) the name of each organisation to which money was paid, and the total amount paid to each one;
- (b) the name of each political party or candidate that people were intended to be persuaded to vote for, or not to vote for, and the total amount expended in relation to each one (excluding expenditure within paragraph (a)).
- (7) For expenditure not falling within section 72(1) the required information is—
- (a) the nature of each cause or campaign for which money was expended, and the total amount expended in relation to each one;
- (b) the name of each organisation to which money was paid (otherwise than for a particular cause or campaign), and the total amount paid to each one;
- (c) the total amount of all other money expended.
- (8) The Secretary of State may by regulations made by statutory instrument amend subsection (1) by substituting a different amount, which may not be less than £2,000, for the amount for the time being specified in that subsection.
- (9) Regulations under subsection (8) that substitute a higher amount shall be subject to annulment in pursuance of a resolution of either House of Parliament.
- (10) No regulations under subsection (8) that substitute a lower amount shall be made unless a draft of them has been laid before Parliament and approved by a resolution of each House of Parliament.
- (11) Where, because of a direction under section 32(4)(a), a trade union is required to send a return for a period other than a calendar year—
- (a) this section has effect as if references to a calendar year were references to that period; and
- (b) if that period is more or less than a year, subsection (1) has effect as if the amount specified in it were proportionately increased or reduced.
- (12) In this section “*candidate*”, “*electors*” and “*political office*” have the same meaning as in section 72.
##### 32ZC
- (1) Where the Certification Officer is satisfied that a trade union has failed to comply with any of the requirements of section 32ZA or 32ZB, 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
- (c) may give the union an opportunity to make oral representations.
- (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 requiring the union to take such steps to remedy the declared failure, within such period, as may be specified in the order.
- (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.
##### 84A
- (1) A trade union shall take all reasonable steps to secure that, not later than the end of the period of eight weeks beginning with the day on which the annual return of the union is sent to the Certification Officer, all the members of the union are notified of their right to give a withdrawal notice under section 84(2).
- (2) The notification may be given —
- (a) by sending individual copies of it to members; or
- (b) by any other means (whether by including the notification in a publication of the union or otherwise) which it is the practice of the union to use when information of general interest to all its members needs to be provided to them;
and, in particular, the notification may be included with the statement required to be given by section 32A.
- (3) A trade union shall send to the Certification Officer a copy of the notification which is provided to its members in pursuance of this section as soon as is reasonably practicable after it is so provided.
- (4) Where the same form of notification is not provided to all the members of a trade union, the union shall send to the Certification Officer in accordance with subsection (3) a copy of each form of notification provided to any of them.
- (5) Where the Certification Officer is satisfied that a trade union has failed to comply with a requirement of this section, the Officer may make such order for remedying the failure as he thinks just under the circumstances.
- (6) Before deciding the matter the Certification Officer—
- (a) may make such enquiries as the Officer thinks fit;
- (b) must give the union, and any member of the union who made a complaint to the Officer regarding the matter, an opportunity to make written representations; and
- (c) may give the union, and any such member as is mentioned in paragraph (b), an opportunity to make oral representations.
### Deduction of trade union subscriptions from wages
### 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;
- (c) be given in the prescribed manner.
- (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;
- (c) be given in the prescribed manner.
- (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;
- (c) it would be reasonable for a union to comply with.
- (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;
- (c) the number of workers employed by the employer, or of a particular description, that are members of the union;
- (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);
- (c) that the person has breached an order under section 70ZH(3)(c).
- (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;
- (c) whether the liable party is of a prescribed description;
- (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;
- (c) dismiss the appeal.
- (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;
- (c) the manner in which the statement must be given.
- (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;
- (c) “*the 1996 Act*” means the Employment Rights Act 1996.
- (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.
#### Employment governed by foreign law.
#### Associated employers.
### 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
- (c) the application is in progress.
- (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,
- (c) the parties have agreed an appropriate bargaining unit or the CAC has decided an appropriate bargaining unit, and
- (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);
- (b) the duty in paragraph 19J(4).
- (2) The powers are—
- (a) the power of ACAS under section 199(1);
- (b) the power of the Secretary of State under section 203(1)(a).
### Unfair practices
##### 19M
- (1) Each of the parties informed by the CAC under paragraph 15(5) that an application under paragraph 11 or 12 is accepted must refrain from using any unfair practice in relation to the application.
- (2) A party uses an unfair practice if, with a view to influencing the outcome of the application, the party does any of the following—
- (a) dismisses, or threatens to dismiss, a worker;
- (b) takes, or threatens to take, disciplinary action against a worker;
- (c) subjects, or threatens to subject, a worker to any other detriment;
- (d) offers to pay money, or give money’s worth, to a relevant worker in return for the worker’s agreement to vote in a particular way, or to abstain from voting, in a relevant ballot;
- (e) makes an outcome-specific offer to a relevant worker;
- (f) coerces, or attempts to coerce, a relevant worker to disclose—
- (i) whether the worker intends to vote, or to abstain from voting, in any relevant ballot, or
- (ii) how the worker intends to vote, or has voted, in any relevant ballot;
- (g) uses, or attempts to use, undue influence on a relevant worker.
- (3) In sub-paragraph (2)—
- (a) “*relevant ballot*” means any ballot that is or may be held in which workers are asked whether they want the union (or unions) to conduct collective bargaining on their behalf, and
- (b) “*relevant worker*” means any worker who is or would be entitled to vote in a relevant ballot.
- (4) For the purposes of sub-paragraph (2)(e) an “outcome-specific offer” is an offer to pay money, or give money’s worth, which—
- (a) is conditional on the issuing by the CAC of a declaration that—
- (i) the union is (or unions are) recognised as entitled to conduct collective bargaining on behalf of a bargaining unit, or
- (ii) the union is (or unions are) not entitled to be so recognised, and
- (b) is not conditional on anything which is done or occurs as a result of the declaration in question.
- (5) The duty imposed by this paragraph does not confer any rights on a worker; but that does not affect any other right which a worker may have.
- (6) Each of the following powers is to be taken to include power to issue Codes of Practice about unfair practices for the purposes of this paragraph—
- (a) the power of ACAS under section 199(1);
- (b) the power of the Secretary of State under section 203(1)(a).
##### 19N
- (1) A party may complain to the CAC that another party has failed to comply with paragraph 19M.
- (2) A complaint under sub-paragraph (1) may not be made after—
- (a) the application under paragraph 11 or 12 is withdrawn;
- (b) the CAC gives notice to the union (or unions) of a decision under paragraph 20 that the application is invalid;
- (c) the CAC notifies the union (or unions) of a declaration issued under paragraph 13B(6), 19F(5), 19K(4) or (5), 19P(4) or (5), 22(2) or 27(2) in relation to the application;
- (d) if the CAC informs the union (or unions) under paragraph 25(9) of a ballot in relation to the application, the fifth working day after—
- (i) the date of the ballot, or
- (ii) if votes may be cast in the ballot on more than one day, the last of those days.
- (3) Within the decision period the CAC must decide whether the complaint is well-founded.
- (4) A complaint is well-founded if the CAC finds that the party complained against used an unfair practice.
- (5) The decision period is—
- (a) the period of 10 working days starting with the day after the day on which the complaint under sub-paragraph (1) was received by the CAC, or
- (b) such longer period (so starting) as the CAC may specify to the parties by a notice containing reasons for the extension.
##### 19O
- (1) This paragraph applies if the CAC decides that a complaint under paragraph 19N is well-founded.
- (2) The CAC must, as soon as is reasonably practicable, issue a declaration to that effect.
- (3) The CAC may order the party concerned to take any action specified in the order within such period as may be so specified.
- (4) Sub-paragraph (5) applies if—
- (a) the parties have agreed an appropriate bargaining unit or the CAC has decided an appropriate bargaining unit, and
- (b) the CAC has at any time informed the union (or unions) under paragraph 25(9) of a ballot in relation to the application (including a ballot that was cancelled or is ineffective).
- (5) The CAC may give notice to the employer and to the union (or unions) that it intends to arrange for the holding of a secret ballot in which the workers constituting the bargaining unit, other than those who joined the bargaining unit after the application day, are asked whether they want the union (or unions) to conduct collective bargaining on their behalf.
- (6) The CAC may make an order under sub-paragraph (3), or give a notice under sub-paragraph (5), either at the same time as it issues the declaration under sub-paragraph (2) or at any other time before any of the following occurs—
- (a) the withdrawal of the application under paragraph 11 or 12;
- (b) the CAC giving notice to the union (or unions) of a decision under paragraph 20 that the application is invalid;
- (c) the CAC notifying 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) if the CAC informs the union (or unions) under paragraph 25(9) of a ballot in relation to the application, the CAC acting under paragraph 29 in relation to the ballot.
- (7) The action specified in an order under sub-paragraph (3) must be such as the CAC considers reasonable in order to mitigate the effect of the failure of the party concerned to comply with the duty imposed by paragraph 19M.
- (8) The CAC may make more than one order under sub-paragraph (3).
##### 19P
- (1) Sub-paragraphs (4) to (6) apply if—
- (a) the CAC issues a declaration under paragraph 19O(2) that a complaint that a party has failed to comply with paragraph 19M is well-founded,
- (b) the application under paragraph 11 or 12 has not been withdrawn,
- (c) the parties have agreed an appropriate bargaining unit or the CAC has decided an appropriate bargaining unit,
- (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,
- (e) the CAC has not notified 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, and
- (f) sub-paragraph (2) or (3) applies.
- (2) This sub-paragraph applies if the declaration states that the unfair practice used consisted of or included—
- (a) the use of violence, or
- (b) the dismissal of a union official.
- (3) This sub-paragraph applies if the CAC has made an order under paragraph 19O(3) and—
- (a) it is satisfied that the party subject to the order has failed to comply with it, or
- (b) it makes another declaration under paragraph 19O(2) in relation to a complaint against that party.
- (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.
- (6) The powers conferred by this paragraph are in addition to those conferred by paragraph 19O.
### Access agreements
##### 81A
- (1) This paragraph applies if—
- (a) the CAC accepts an application under paragraph 66 or 75, 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) The relevant workers are—
- (a) in relation to any time before the CAC decides that a bargaining unit other than the original unit is an appropriate bargaining unit, the workers constituting the original unit, and
- (b) in relation to any time after the CAC decides that a bargaining unit other than the original unit is an appropriate bargaining unit, the workers constituting the new unit (see paragraph 82(4)).
- (4) But, where there is more than one new unit, references to the relevant workers are references to the workers constituting each new unit separately.
- (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 68(5) or 76(5) that the application is accepted.
- (6) For the purposes of this paragraph and paragraphs 81B to 81E, an application under paragraph 66 or 75 is in progress if none of the following has occurred—
- (a) the withdrawal of the application;
- (b) the CAC issuing a declaration under paragraph 69(3), 78(3), 81E(4) or (5) or 81J(4) or (5) in relation to the application;
- (c) the CAC notifying the union (or unions) of its decision under paragraph 77(2) or 77(3);
- (d) in relation to the new unit (or, if there is more than one, all of the new units)—
- (i) the CAC issuing a declaration under paragraph 83(2), 85(2), 86(3) or 87(2), or under paragraph 27(2) (where it applies by virtue of paragraph 89(5)),
- (ii) the union (or unions) notifying the CAC under paragraph 89(1), or
- (iii) the holding of any ballot arising from the application.
##### 81B
- (1) This paragraph applies if—
- (a) the CAC accepts an application under paragraph 66 or 75,
- (b) the union requests (or unions request) access to the relevant workers under paragraph 81A(2) in connection with the application, and
- (c) the application is in progress.
- (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 68(5) or 76(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.
##### 81C
- (1) This paragraph applies if—
- (a) the CAC accepts an application under paragraph 66 or 75,
- (b) the union requests (or unions request) access to the relevant workers under paragraph 81A(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.
##### 81D
- (1) This paragraph applies if—
- (a) an access agreement is entered into, and
- (b) the application under paragraph 66 or 75 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 81B 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 81C,
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) The relevant workers are—
- (a) in relation to any time before the CAC decides that a bargaining unit other than the original unit is an appropriate bargaining unit, the workers constituting the original unit, and
- (b) in relation to any time after the CAC decides that a bargaining unit other than the original unit is an appropriate bargaining unit, the workers constituting the new unit (see paragraph 82(4)).
- (7) But, where there is more than one new unit, references to the relevant workers are references to the workers constituting each new unit separately.
- (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 81E 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 other than a person appointed to conduct a ballot under paragraph 25 (where it applies by virtue of paragraph 89(4)) is of no effect for the purposes of this Part of this Schedule.
- (11) “*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.
##### 81E
- (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 81D, and
- (b) the application under paragraph 66 or 75 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 66 or 75 is in progress, and
- (c) the CAC has given notice under paragraph 70 or 79 of a decision as to the bargaining unit which is (or units which are) appropriate (each, a “new unit”).
- (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 new unit or units.
- (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.
##### 81F
- (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 81A(2), including (among other things)—
- (a) what access is reasonable for the purposes of paragraph 81C(4);
- (b) the duty in paragraph 81D(4).
- (2) The powers are—
- (a) the power of ACAS under section 199(1);
- (b) the power of the Secretary of State under section 203(1)(a).
### Unfair practices
##### 81G
- (1) Each of the parties informed by the CAC under paragraph 68(5) or 76(5) that an application under paragraph 66 or 75 is accepted must refrain from using any unfair practice in relation to the application.
- (2) A party uses an unfair practice if, with a view to influencing the outcome of the application, the party does any of the following—
- (a) dismisses, or threatens to dismiss, a worker;
- (b) takes, or threatens to take, disciplinary action against a worker;
- (c) subjects, or threatens to subject, a worker to any other detriment;
- (d) offers to pay money, or give money’s worth, to a relevant worker in return for the worker’s agreement to vote in a particular way, or to abstain from voting, in a relevant ballot;
- (e) makes an outcome-specific offer to a relevant worker;
- (f) coerces, or attempts to coerce, a relevant worker to disclose—
- (i) whether the worker intends to vote, or to abstain from voting, in any relevant ballot, or
- (ii) how the worker intends to vote, or has voted, in any relevant ballot;
- (g) uses, or attempts to use, undue influence on a relevant worker.
- (3) In sub-paragraph (2)—
- (a) “*relevant ballot*” means any ballot that is or may be held in which workers are asked whether they want the union (or unions) to conduct collective bargaining on their behalf, and
- (b) “*relevant worker*” means any worker who is or would be entitled to vote in a relevant ballot.
- (4) For the purposes of sub-paragraph (2)(e) an “outcome-specific offer” is an offer to pay money, or give money’s worth, which—
- (a) is conditional on the issuing by the CAC of a declaration that—
- (i) the union is (or unions are) recognised as entitled to conduct collective bargaining on behalf of a bargaining unit, or
- (ii) the union is (or unions are) not entitled to be so recognised, and
- (b) is not conditional on anything which is done or occurs as a result of the declaration in question.
- (5) The duty imposed by this paragraph does not confer any rights on a worker; but that does not affect any other right which a worker may have.
- (6) Each of the following powers is to be taken to include power to issue Codes of Practice about unfair practices for the purposes of this paragraph—
- (a) the power of ACAS under section 199(1);
- (b) the power of the Secretary of State under section 203(1)(a).
##### 81H
- (1) A party may complain to the CAC that another party has failed to comply with paragraph 81G.
- (2) A complaint under sub-paragraph (1) may not be made after a conclusion event occurs.
- (3) The following are conclusion events—
- (a) the withdrawal of the application under paragraph 66 or 75;
- (b) the CAC issuing a declaration under paragraph 69(3), 78(3), 81E(4) or (5) or 81J(4) or (5) in relation to the application;
- (c) the CAC notifying the union (or unions) of its decision under paragraph 77(2) or 77(3);
- (d) if the CAC has given notice under paragraph 70 or 79 of a decision as to the bargaining unit which is (or units which are) appropriate (each, a “new unit”), any of the following occurring in relation to the new unit (or, if there is more than one, all of the new units)—
- (i) the CAC issuing a declaration under paragraph 83(2), 85(2), 86(3) or 87(2), or under paragraph 27(2) (where it applies by virtue of paragraph 89(5));
- (ii) the union (or unions) notifying the CAC under paragraph 89(1);
- (iii) the post-ballot complaint period having ended.
- (4) The post-ballot complaint period is, in relation to any ballot held arising from the application, the period of 5 working days after—
- (a) the date of the ballot, or
- (b) if votes may be cast in the ballot on more than one day, the last of those days.
- (5) Within the decision period the CAC must decide whether the complaint is well-founded.
- (6) A complaint is well-founded if the CAC finds that the party complained against used an unfair practice.
- (7) The decision period is—
- (a) the period of 10 working days starting with the day after the day on which the complaint under sub-paragraph (1) was received by the CAC, or
- (b) such longer period (so starting) as the CAC may specify to the parties by a notice containing reasons for the extension.
##### 81I
- (1) This paragraph applies if the CAC decides that a complaint under paragraph 81H is well-founded.
- (2) The CAC must, as soon as is reasonably practicable, issue a declaration to that effect.
- (3) The CAC may order the party concerned to take any action specified in the order within such period as may be so specified.
- (4) Sub-paragraph (5) applies if—
- (a) the CAC has given notice under paragraph 70 or 79 of a decision as to the bargaining unit which is (or units which are) appropriate (each, a “new unit”), and
- (b) the CAC has at any time informed the union (or unions) under paragraph 25(9) (where it applies by virtue of paragraph 89(4)) of a ballot in relation to the application (including a ballot that was cancelled or is ineffective).
- (5) The CAC may give notice to the employer and to the union (or unions) that it intends to arrange for the holding of a secret ballot (or secret ballots) in which the workers constituting the new unit (or each of the new units) are asked whether they want the union (or unions) to conduct collective bargaining on their behalf.
- (6) The CAC may make an order under sub-paragraph (3), or give a notice under sub-paragraph (5), either at the same time as it issues the declaration under sub-paragraph (2) or at any other time before any of the following occurs—
- (a) the withdrawal of the application under paragraph 66 or 75;
- (b) the CAC issuing a declaration under paragraph 69(3), 78(3), 81E(4) or (5) or 81J(4) or (5) in relation to the application;
- (c) the CAC notifying the union (or unions) of its decision under paragraph 77(2) or 77(3);
- (d) in relation to the new unit (or, if there is more than one, all of the new units)—
- (i) the CAC issuing a declaration under paragraph 83(2), 85(2), 86(3) or 87(2), or under paragraph 27(2) (where it applies by virtue of paragraph 89(5)),
- (ii) the union (or unions) notifying the CAC under paragraph 89(1), or
- (iii) if the CAC informs the union (or unions) under paragraph 25(9) (where it applies by virtue of paragraph 89(4)) of any ballot arising from the application, the CAC acting under paragraph 29 (where it applies by virtue of paragraph 89(5)) in relation to the ballot.
- (7) The action specified in an order under sub-paragraph (3) must be such as the CAC considers reasonable in order to mitigate the effect of the failure of the party concerned to comply with the duty imposed by paragraph 81G.
- (8) The CAC may make more than one order under sub-paragraph (3).
##### 81J
- (1) Sub-paragraphs (4) to (6) apply if—
- (a) the CAC issues a declaration under paragraph 81I(2) that a complaint that a party has failed to comply with paragraph 81G is well-founded,
- (b) the application under paragraph 66 or 75 has not been withdrawn,
- (c) the CAC has given notice under paragraph 70 or 79 of a decision as to the bargaining unit which is (or units which are) appropriate (each, a “new unit”),
- (d) the CAC has not issued a declaration under paragraph 69(3), 78(3), 81E(4) or (5) or 81J(4) or (5) in relation to the application,
- (e) the CAC has not notified the union (or unions) of its decision under paragraph 77(2) or 77(3),
- (f) in relation to the new unit (or, if there is more than one, all of the new units), neither of the following has occurred—
- (i) the CAC issuing a declaration under paragraph 83(2), 85(2), 86(3) or 87(2), or under paragraph 27(2) (where it applies by virtue of paragraph 89(5)), or
- (ii) the union (or unions) notifying the CAC under paragraph 89(1), and
- (g) sub-paragraph (2) or (3) applies.
- (2) This sub-paragraph applies if the declaration states that the unfair practice used consisted of or included—
- (a) the use of violence, or
- (b) the dismissal of a union official.
- (3) This sub-paragraph applies if the CAC has made an order under paragraph 81I(3) and—
- (a) it is satisfied that the party subject to the order has failed to comply with it, or
- (b) it makes another declaration under paragraph 81I(2) in relation to a complaint against that party.
- (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 new unit or units.
- (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.
- (6) The powers conferred by this paragraph are in addition to those conferred by paragraph 81I.
### Access agreements
##### 116A
- (1) This paragraph applies if—
- (a) the CAC accepts an application under paragraph 106, 107 or 112, 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 workers constituting the bargaining unit in connection with the application.
- (3) 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 111(5) or 115(5) that the application is accepted.
- (4) For the purposes of this paragraph and paragraphs 116B to 116E, an application under paragraph 106, 107 or 112 is in progress if none of the following has occurred—
- (a) in the case of an application under paragraph 106 or 107, the withdrawal of the application;
- (b) in the case of an application under paragraph 112, an agreement or withdrawal as described in paragraph 116(1);
- (c) the CAC refusing the application under paragraph 116E(4)(a), 116K(4)(a) or (6) or 119(2);
- (d) the CAC notifying the union (or unions) of a declaration issued under paragraph 116E(5) or 116K(5) in relation to the application;
- (e) the holding of any ballot arising from the application.
##### 116B
- (1) A relevant public sector employer may make deductions from its workers' wages in respect of trade union subscriptions only if—
- (a) those workers have the option to pay their trade union subscriptions by other means, and
- (b) arrangements have been made for the union to make reasonable payments to the employer in respect of the making of the deductions.
- (2) Payments are “*reasonable*” for the purposes of subsection (1) if the employer is satisfied that the total amount of the payments is substantially equivalent to the total cost to public funds of making the deductions.
- (3) An employer is a relevant public sector employer if the employer is a public authority specified, or of a description specified, in regulations made by a Minister of the Crown.
- (3A) But regulations under subsection (3) may not specify—
- (a) a devolved Welsh authority, or
- (b) a description of public authority that applies to a devolved Welsh authority.
- (4) A Minister of the Crown may by regulations provide, in relation to a body or other person that is not a public authority but has functions of a public nature and is funded wholly or mainly from public funds, that the body or other person is to be treated as a public authority for the purposes of this section.
- (5) Regulations under this section may make provision specifying the person or other entity that is to be treated for the purposes of this section as the employer of a person who is employed by the Crown.
- (6) The regulations may—
- (a) deem a category of persons holding an office or employment under the Crown (or two or more such categories taken together) to be an entity for the purposes of provision made under subsection (5);
- (b) make different provision under subsection (5) for different categories of persons holding an office or employment under the Crown.
- (7) Regulations under this section may—
- (a) make different provision for different purposes;
- (b) make transitional provision in connection with the coming into force of any provision of the regulations;
- (c) make consequential provision amending or otherwise modifying contracts of employment or collective agreements.
- (8) Regulations under this section are to be made by statutory instrument.
- (9) A statutory instrument containing regulations under this section may not be made unless a draft of the instrument has been laid before and approved by a resolution of each House of Parliament.
- (10) In this section—
- “*trade union subscriptions*” means payments to a trade union in respect of a worker's membership of the union;
- “*wages*” has the same meaning as in Part 2 of the Employment Rights Act 1996 (see section 27);
- “*worker*” has the same meaning as in that Act.
##### 172A
- (1) A Minister of the Crown may by regulations made by statutory instrument require relevant public sector employers to publish any information within subsection (3).
- (2) An employer is a relevant public sector employer if the employer—
- (a) is a public authority specified, or of a description specified, in the regulations, and
- (b) has at least one employee who is a relevant union official.
- (2A) But regulations under subsection (1) may not specify—
- (a) a devolved Welsh authority, or
- (b) a description of public authority that applies to a devolved Welsh authority.
- (3) The information that is within this subsection is information relating to facility time for relevant union officials including, in particular—
- (a) how many of an employer's employees are relevant union officials, or relevant union officials within specified categories;
- (b) the total amount spent by an employer in a specified period on paying relevant union officials for facility time, or for specified categories of facility time;
- (c) the percentage of an employer's total pay bill for a specified period spent on paying relevant union officials for facility time, or for specified categories of facility time;
- (d) the percentage of the aggregate amount of facility time taken by an employer's relevant union officials in a specified period that was attributable to specified categories of duties or activities;
- (e) information relating to facilities provided by an employer for use by relevant union officials in connection with facility time.
- (4) In subsection (3) “*specified*” means specified in the regulations.
- (5) The regulations may make provision—
- (a) as to the times or intervals at which the information is to be published;
- (b) as to the form in which the information is to be published.
- (6) The regulations may make different provision for different employers or different categories of employer.
- (7) In this section a “*relevant union official*” means—
- (a) a trade union official;
- (b) a learning representative of a trade union, within the meaning given by section 168A(11);
- (c) a safety representative appointed under regulations made under section 2(4) of the Health and Safety at Work etc. Act 1974.
- (8) In this section “*facility time*” means time off taken by a relevant union official that is permitted by the official's employer under—
- (a) section 168, section 168A or section 170(1)(b);
- (b) section 10(6) of the Employment Relations Act 1999;
- (c) regulations made under section 2(4) of the Health and Safety at Work etc. Act 1974.
- (9) The regulations may provide, in relation to a body or other person that is not a public authority but has functions of a public nature and is funded wholly or mainly from public funds, that the body or other person is to be treated as a public authority for the purposes of subsection (2).
- (10) The regulations may make provision specifying the person or other entity that is to be treated for the purposes of this section as the employer of a relevant union official who is employed by the Crown.
- (11) The regulations may—
- (a) deem a category of persons holding an office or employment under the Crown (or two or more such categories taken together) to be an entity for the purposes of provision made under subsection (10);
- (b) make different provision under subsection (10) for different categories of persons holding an office or employment under the Crown.
- (12) No regulations containing provision made by virtue of subsection (9) shall be made unless a draft of the statutory instrument containing them has been laid before Parliament and approved by a resolution of each House.
- (13) Regulations under this section to which subsection (12) does not apply shall be subject to annulment in pursuance of a resolution of either House of Parliament.
##### 220A
- (1) Section 220 does not make lawful any picketing that a trade union organises, or encourages its members to take part in, unless the requirements in subsections (2) to (8) are complied with.
- (2) The union must appoint a person to supervise the picketing.
- (3) That person (“the picket supervisor”) must be an official or other member of the union who is familiar with any provisions of a Code of Practice issued under section 203 that deal with picketing.
- (4) The union or picket supervisor must take reasonable steps to tell the police—
- (a) the picket supervisor's name;
- (b) where the picketing will be taking place;
- (c) how to contact the picket supervisor.
- (5) The union must provide the picket supervisor with a letter stating that the picketing is approved by the union.
- (6) If an individual who is, or is acting on behalf of, the employer asks the picket supervisor for sight of the approval letter, the picket supervisor must show it to that individual as soon as reasonably practicable.
- (7) While the picketing is taking place, the picket supervisor must—
- (a) be present where it is taking place, or
- (b) be readily contactable by the union and the police, and able to attend at short notice.
- (8) While present where the picketing is taking place, the picket supervisor must wear something that readily identifies the picket supervisor as such.
- (9) In this section—
- “*approval letter*” means the letter referred to in subsection (5);
- “*employer*” means the employer to which the trade dispute relates;
- “*picketing*” means attendance at or near a place of work, in contemplation or furtherance of a trade dispute, for the purpose of—obtaining or communicating information, orpersuading any person to work or abstain from working.
- (10) In relation to picketing that two or more unions organise or encourage members to take part in—
- (a) in subsection (2) “*the union*” means any one of those unions, and
- (b) other references in this section to “the union” are to that union.
#### Conciliation and mediation: supplementary provisions
#### The Council of ACAS.
#### . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### 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
Duty of employer to notify competent authority of a vessel’s flag State of certain redundancies
- (1) Section 193 has effect subject to this section if—
- (a) the duty under section 193(1) or 193(2) applies to a proposal to dismiss employees as redundant, and
- (b) the employees concerned are members of the crew of a seagoing vessel which is registered at a port outside Great Britain.
- (2) The employer shall give the notification required by section 193(1) or (2) to the competent authority of the state where the vessel is registered (instead of to the Secretary of State).
##### 297B
For the purposes of this Act a “*devolved Welsh authority*” has the same meaning as in section 157A of the Government of Wales Act 2006 (c.32).
##### 256C
Schedule A3 (Certification Officer: investigatory powers) shall have effect.
##### 256D
Schedule A4 (Certification Officer: power to impose financial penalties) shall have effect.
##### 257A
- (1) The Secretary of State may by regulations make provision for the Certification Officer to require trade unions and employers' associations (“relevant organisations”) to pay a levy to the Officer.
- (2) The regulations must require the Certification Officer, in determining the amounts to be levied, to aim to ensure that the total amount levied over any period of three years does not exceed the total amount of the Officers's expenses over that period that are referable to specified functions of the Officer.
- (3) The regulations may make provision for determining what things count as expenses of the Certification Officer for the purposes of provision made by virtue of subsection (2), and may in particular provide for the expenses to be treated as including—
- (a) expenses incurred by ACAS in providing staff, accommodation, equipment and other facilities under section 254(5), or
- (b) expenses in respect of which payments are made under section 255(1) or (2).
- (4) The regulations may provide for the Certification Officer to determine the amount of levy payable by a relevant organisation by reference to specified criteria, which may include—
- (a) the number of members or the amount of income that the organisation has;
- (b) whether the organisation is—
- (i) a federated trade union,
- (ii) a trade union that is not a federated trade union,
- (iii) a federated employers' association, or
- (iv) an employers' association that is not a federated employers' association;
- (c) the different proportions of the Officer's expenses that are referable to—
- (i) functions in relation to federated trade unions,
- (ii) functions in relation to trade unions that are not federated trade unions,
- (iii) functions in relation to federated employers' associations, and
- (iv) functions in relation to employers' associations that are not federated employers' associations.
- (5) The regulations may provide—
- (a) for the levy not to be payable, or for a reduced amount to be payable, in specified cases or in cases determined by the Certification Officer in accordance with the regulations;
- (b) for the intervals at which the levy is to be paid;
- (c) for interest to be payable where a payment is not made by the required date;
- (d) for an amount levied to be recoverable by the Certification Officer as a debt.
- (6) The regulations may contain such incidental, supplementary or transitional provisions as appear to the Secretary of State to be necessary or expedient.
- (7) In this section—
- “federated employers' association” has the same meaning as in section 135;
- “*federated trade union*” has the same meaning as in section 118;
- “*specified*” means specified in the regulations.
- (8) Before making regulations under this section the Secretary of State must consult relevant organisations and ACAS.
- (9) No regulations under this section shall be made unless a draft of them has been laid before Parliament and approved by a resolution of each House of Parliament.
- (10) The Certification Officer shall pay into the Consolidated Fund amounts received by virtue of this section.
## SCHEDULE A3
### Introduction
##### 1
- (1) The following are “*relevant obligations*” for the purposes of this Schedule—
- (a) any of the requirements of section 24(1) (duties regarding the register of members);
- (b) the requirement of section 45B (duty to secure positions not held by certain offenders);
- (c) any of the requirements of Chapter 4 of Part 1 (elections for certain positions);
- (d) the restriction in section 71 on the application of a trade union's funds in the furtherance of political objects;
- (e) any of the requirements of Chapter 6 of Part 1 about compliance with rules as to ballots on political resolutions;
- (f) any of the requirements of a trade union's rules made in pursuance of section 82 (rules as to political fund);
- (g) any of the requirements of sections 99 to 100E (ballots on amalgamations or transfers);
- (h) any requirement of a conditional penalty order made under Schedule A4.
- (2) In relation to the relevant obligations listed in sub-paragraph (1)(d) to (g) as they apply to unincorporated employers' associations by virtue of section 132 or 133, this Schedule applies to an unincorporated employers' association as in relation to a trade union.
- (3) In its application to an unincorporated employers' association, this Schedule has effect—
- (a) with any necessary modifications, and
- (b) with such modifications as may be prescribed.
### Power of Certification Officer to require production of documents etc
##### 2
- (1) If the Certification Officer thinks there is good reason to do so, the Officer—
- (a) may give directions to a trade union, or a branch or section of a trade union, requiring it to produce such relevant documents as are specified in the directions;
- (b) may authorise a member of the Officer's staff or any other person (“an authorised person”), on producing (if so required) evidence of that authority, to require a trade union, or a branch or section of a trade union, to produce immediately to the authorised person such relevant documents as that person specifies.
- (2) “*Relevant documents*”, in relation to a trade union or a branch or section of a trade union, means documents that in the opinion of the Certification Officer or authorised person may be relevant to whether the trade union has failed to comply with a relevant obligation.
Such documents may in particular include, in the case of a requirement of section 24(1), the register of the names and addresses of the union's members.
- (3) Directions under sub-paragraph (1)(a) must specify the time and place at which the documents are to be produced.
- (4) Where the Certification Officer, or an authorised person, has power to require the production of documents by virtue of sub-paragraph (1), the Officer or authorised person has the like power to require production of those documents from any person who appears to the Officer or authorised person to be in possession of them.
- (5) The power under this paragraph to require the production of documents includes the power—
- (a) if the documents are produced—
- (i) to take copies of them or extracts from them;
- (ii) to require the person by whom they are produced to provide an explanation of any of them;
- (iii) to require any person who is or has been an official or agent of the trade union to provide an explanation of any of them;
- (b) if the documents are not produced, to require the person who was required to produce them to state, to the best of the person's knowledge and belief, where they are.
- (6) For the purposes of sub-paragraph (5)(a)(iii), “*agent*” includes an assurer appointed by the trade union under section 24ZB.
- (7) For supplementary provision, see paragraph 6.
### Investigation by inspectors
##### 3
- (1) If the Certification Officer has reasonable grounds to suspect that a trade union has failed to comply with a relevant obligation, the Officer may appoint one or more members of the Officer's staff or other persons as an inspector or inspectors—
- (a) to investigate whether the union has failed to comply with such an obligation, and
- (b) to report to the Officer in such manner as the Officer may direct.
- (2) Where any person appears to the inspector or inspectors to be in possession of information relating to a matter considered by the inspector or inspectors to be relevant to the investigation, the inspector or inspectors may require the person—
- (a) to produce to the inspector or inspectors any relevant documents relating to that matter,
- (b) to attend before the inspector or inspectors, and
- (c) otherwise to give the inspector or inspectors all assistance in connection with the investigation which the person is reasonably able to give.
- (3) “*Relevant documents*” means documents that in the opinion of the inspector or inspectors may be relevant to whether the trade union has failed to comply with a relevant obligation.
- (4) Where a person who is not a member of the Certification Officer's staff is appointed as an inspector under this paragraph, there is incorporated in the appointment the duty of confidentiality as respects the register of the names and addresses of the trade union's members.
- (5) The duty of confidentiality as respects that register is a duty which the inspector owes to the Certification Officer—
- (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.
- (6) 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 the inspector or any other inspector appointed by the Officer,
- (d) where it is required for the purposes of the discharge of any of the functions of an assurer appointed under section 24ZB, or
- (e) where it is required for the purposes of the investigation of crime or criminal proceedings.
- (7) For supplementary provision, see paragraph 6.
### Inspectors' reports etc
##### 4
- (1) An inspector or inspectors appointed under paragraph 3—
- (a) may make interim reports to the Certification Officer,
- (b) must make such reports if so directed by the Officer, and
- (c) on the conclusion of the investigation, must make a final report to the Officer.
- (2) A report under sub-paragraph (1) must be in writing.
- (3) An inspector or inspectors—
- (a) may at any time inform the Certification Officer of any matters coming to their knowledge as a result of the investigation, and
- (b) must do so if the Officer so directs.
- (4) The Certification Officer may direct an inspector or inspectors—
- (a) to take no further steps in the investigation, or
- (b) to take only such further steps as are specified in the direction.
- (5) Where such a direction is made, the inspector or inspectors are not required under sub-paragraph (1)(c) to make a final report to the Certification Officer unless the Officer so directs.
### Enforcement of paragraphs 2 and 3 by Certification Officer
##### 5
- (1) Where the Certification Officer is satisfied that a trade union or any other person has failed to comply with any requirement imposed under paragraph 2 or 3, the Officer may make an order requiring the trade union or person to comply with the requirement.
- (2) Before making such an order, the Certification Officer must give the trade union or person an opportunity to be heard.
- (3) In the case of a failure to comply with a requirement imposed under paragraph 2 or 3 to produce a document, the Certification Officer may make an order only if the Officer is satisfied that—
- (a) the document is in the possession of the union or person, and
- (b) it is reasonably practicable for the union or person to comply with the requirement.
- (4) In the case of a failure to comply with any other requirement imposed under paragraph 2 or 3, the Certification Officer may make an order only if the Officer is satisfied that it is reasonably practicable for the union or person to comply with the requirement.
- (5) The order must specify—
- (a) the requirement with which the trade union or person has failed to comply, and
- (b) the date by which the trade union or person must comply.
- (6) An order made by the Certification Officer under this paragraph may be enforced by the Officer in the same way as an order of the High Court or the Court of Session.
### Supplementary
##### 6
- (1) Nothing in this Schedule requires or authorises anyone to require—
- (a) the disclosure by a person of information which the person would in an action in the High Court or the Court of Session be entitled to refuse to disclose on grounds of legal professional privilege, or
- (b) the production by a person of a document which the person would in such an action be entitled to refuse to produce on such grounds.
- (2) But a lawyer may be required under paragraph 2 or 3 to disclose the name and address of the lawyer's client if that information may be relevant to whether a trade union has failed to comply with a requirement of section 24(1).
- (3) A person is not excused from providing an explanation or making a statement in compliance with a requirement imposed under paragraph 2(5) or 3(2) on the ground that to do so would tend to expose the person to proceedings for an offence.
- (4) But an explanation so provided or a statement so made may be used in evidence against the person by whom it is provided or made on a prosecution for an offence only where, in giving evidence, the person makes a statement inconsistent with it.
- (5) In this Schedule—
- (a) references to documents include information recorded in any form;
- (b) in relation to information recorded otherwise than in legible form, references to its production are to the production of a copy of the information in legible form.
## SCHEDULE A4
### Introduction
##### 1
- (1) In this Schedule “*enforcement order*” means an order made by the Certification Officer under any of the following provisions of this Act—
- (a) section 24B(6) or 25(5A) (order on failure by union to comply with duties regarding the register of members);
- (b) section 31(2B) (order on failure by union to comply with member's request for access to accounting records);
- (c) section 32ZC(6) (order on failure by union to provide details of industrial action etc, or political expenditure, in annual return);
- (d) section 45C(5A) (order on failure by union to comply with duty to secure positions not held by certain offenders);
- (e) section 55(5A) (order on failure by union to comply with requirements about elections for certain positions);
- (f) section 72A(5) (order on failure by union to comply with restriction on applying union's funds in the furtherance of political objects);
- (g) section 80(5A) (order on failure by union to comply with rules as to ballots on political resolutions);
- (h) section 82(2A) (order on failure by union to comply with rules as to political fund);
- (i) section 84A(5) (order on failure by union to provide required information to members about contributing to political fund);
- (j) section 108B(3) (order on breach or threatened breach by union of rules on certain matters);
- (k) paragraph 5(1) of Schedule A3 (order on failure by union or other person to comply with investigatory requirements).
- (2) In this Schedule “*the person in default*” means the trade union against which, or other person against whom, an enforcement order is or could be made.
- (3) A reference in this Schedule to taking steps includes a reference to abstaining from acts.
### Power to impose financial penalties
##### 2
- (1) Where the Certification Officer—
- (a) makes an enforcement order, or
- (b) has power to make an enforcement order but does not do so,
the Officer may make a penalty order or a conditional penalty order against the person in default.
- (2) A “penalty order” is an order requiring the person in default to pay a penalty of a specified amount to the Certification Officer by a specified date.
- (3) A “conditional penalty order” is an order requiring the person in default to pay a penalty of a specified amount to the Certification Officer by a specified date unless the person takes specified steps by a specified date or within a specified period.
- (4) Where the Certification Office makes both an enforcement order and a conditional penalty order, the steps specified in the conditional penalty order may, but need not, be the same as those that the enforcement order requires the person in default to take.
- (5) In this paragraph “*specified*” means specified in the penalty order or conditional penalty order.
### Enforcement of conditional penalty order
##### 3
- (1) This paragraph applies where the Certification Officer has made a conditional penalty order.
- (2) If the Certification Officer is satisfied that the steps specified in the order have been taken by the date or within the period specified, the Officer must notify the person in default that the penalty is not payable.
- (3) If the Certification Officer is not so satisfied, and the penalty has not been paid by the required date, the Officer must make a further order requiring payment of—
- (a) the amount originally ordered, or
- (b) where sub-paragraph (4) applies, a lesser amount specified in the further order.
- (4) This sub-paragraph applies where it appears to the Certification Officer that—
- (a) steps specified in the conditional penalty order have to some extent been taken, or have been taken (to any extent) but not by the date or within the period specified, and
- (b) it would be just to reduce the amount of the penalty for that reason.
- (5) An order under this paragraph may require payment immediately or by a specified date.
### Representations
##### 4
Before making a penalty order or a conditional penalty order, or an order under paragraph 3, the Certification Officer—
- (a) must inform the person in default of the grounds on which the Officer proposes to make the order,
- (b) must give that person an opportunity to make written representations, and
- (c) may give that person an opportunity to make oral representations.
### Appeals
##### 5
A person in default may appeal to the Employment Appeal Tribunal against a decision of the Certification Officer under this Schedule on the ground that—
- (a) it was based on an error of fact,
- (b) it was wrong in law, or
- (c) it was unreasonable,
or on such other grounds as may be prescribed.
### Amount of penalty
##### 6
- (1) The amount specified in a penalty order or a conditional penalty order—
- (a) may not be less than the minimum amount set by regulations, and
- (b) may not be more than the maximum amount set by regulations.
- (2) Different amounts may be set by regulations—
- (a) in relation to different enforcement orders,
- (b) by reference to whether the person in default is an individual or an organisation, and
- (c) in the case of an organisation, by reference to the number of members that it has.
- (3) But—
- (a) no minimum amount set by regulations may be less than £200, and
- (b) no maximum amount set by regulations may be more than £20,000.
- (4) Regulations may amend sub-paragraph (3)(a) or (b) by substitut-ing a different amount.
### Early or late payment, and enforcement
##### 7
- (1) In relation to orders under this Schedule requiring payment of penalties, regulations may make provision for—
- (a) early payment discounts;
- (b) the payment of interest or other financial penalties for late payment;
- (c) enforcement.
- (2) Provision made by virtue of sub-paragraph (1)(b) must secure that the interest or other financial penalties for late payment do not in total exceed the amount of the penalty itself.
- (3) Provision made by virtue of sub-paragraph (1)(c) may include—
- (a) provision for the Certification Officer to recover the penalty, and any interest or other financial penalty for late payment, as a debt;
- (b) provision for the penalty, and any interest or other financial penalty for late payment, to be recoverable, on the order of a court, as if payable under a court order.
### Regulations
##### 8
- (1) Regulations may make provision that is incidental or supplementary to that made by this Schedule.
- (2) Regulations under this Schedule may include transitional or consequential provision.
- (3) Regulations under this Schedule shall be made by the Secretary of State by statutory instrument.
- (4) No regulations under paragraph 6 or 7 or this paragraph shall be made unless a draft of them has been laid before Parliament and approved by a resolution of each House of Parliament.
### Payment of penalties etc into Consolidated Fund
##### 9
The Certification Officer shall pay into the Consolidated Fund amounts received—
- (a) under penalty orders and conditional penalty orders (including orders under paragraph 3), and
- (b) by way of interest and other financial penalties for late payment in relation to such orders.
##### 172B
- (1) After the end of the period of three years beginning with the day on which the first regulations under section 172A come into force, a Minister of the Crown may exercise the reserve powers (see subsection (3)) if the Minister considers it appropriate to do so having regard to—
- (a) information published by employers in accordance with publication requirements;
- (b) the cost to public funds of facility time in relation to each of those employers;
- (c) the nature of the various undertakings carried on by those employers;
- (d) any particular features of those undertakings that are relevant to the reasonableness of the amount of facility time;
- (e) any other matters that the Minister thinks relevant.
- (2) The reserve powers may not be exercised so as to apply to any particular employer unless—
- (a) a Minister of the Crown has given notice in writing to the employer—
- (i) setting out the Minister's concerns about the amount of facility time in the employer's case, and
- (ii) informing the employer that the Minister is considering exercising the reserve powers in relation to that employer;
- (b) the employer has had a reasonable opportunity to respond to the notice under paragraph (a) and to take any action that may be appropriate in view of the concerns set out in it;
and the powers may not be exercised until after the end of the period of 12 months beginning with the day on which the notice under paragraph (a) was given.
- (3) The reserve powers are powers to make regulations—
- (a) applying to relevant public sector employers on whom the publication requirements were imposed, and
- (b) containing any provision that the Minister considers appropriate for the purpose of ensuring that, in each period specified by the regulations, the percentage of an employer's total pay bill spent on paying relevant union officials for facility time does not exceed a percentage that is so specified.
- (4) The regulations may, in particular, make provision restricting rights of relevant union officials to facility time by amending or otherwise modifying any of the following—
- (a) section 168 or 168A;
- (b) section 10 of the Employment Relations Act 1999;
- (c) regulations made under section 2(4) of the Health and Safety at Work etc. Act 1974.
- (5) The regulations may make provision as to the calculation of working time, of paid facility time, or of an employer's total pay bill.
- (6) The regulations may impose requirements on employers in relation to whom the reserve powers are exercised to publish any further information that the Minister considers appropriate.
- (7) Where requirements are imposed under subsection (6) the regulations may make provision—
- (a) as to the times or intervals at which the further information is to be published;
- (b) as to the form in which the further information is to be published.
- (8) The regulations may provide that some or all of their provisions do not apply—
- (a) in cases specified by the regulations, or
- (b) if a person specified in the regulations is satisfied that conditions that are so specified are met.
- (9) The regulations may confer power on a Minister of the Crown, by notice in writing to a particular employer, to suspend the application of the regulations to that employer for such period and to such extent as the Minister may specify in the notice.
- (10) The regulations may—
- (a) make provision in relation to any or all of the employers in relation to which the reserve powers are exercisable;
- (b) make different provision for different employers or different categories of employer;
- (c) make transitional provision in connection with the coming into force of any provision of the regulations;
- (d) make consequential provision amending or otherwise modifying section 170, contracts of employment or collective agreements.
- (11) In this section—
- (a) “*publication requirements*” means requirements imposed under section 172A or subsection (6);
- (b) “*relevant public sector employer*” has the same meaning as in section 172A, read with any regulations made under subsection (9) of that section;
- (c) “*relevant union official*” and “*facility time*” have the same meaning as in section 172A.
- (12) Subsections (10) and (11) of section 172A apply for the purposes of this section as they apply for the purposes of that section.
- (13) Regulations under this section shall be made by statutory instrument.
- (14) No regulations under this section shall be made unless a draft of them has been laid before Parliament and approved by a resolution of each House of Parliament.
### ...
#### 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”
- (1) This paragraph applies if—
- (a) the CAC accepts an application under paragraph 106, 107 or 112,
- (b) the union requests (or unions request) access to the workers constituting the bargaining unit under paragraph 116A(2) in connection with the application, and
- (c) the application is in progress.
- (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 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 111(5) or 115(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 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.
##### 116C
- (1) This paragraph applies if—
- (a) the CAC accepts an application under paragraph 106, 107 or 112,
- (b) the union requests (or unions request) access to the workers constituting the bargaining unit under paragraph 116A(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 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 workers, or
- (b) decide that the union is (or unions are) not to have access to the 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 workers constituting the bargaining unit 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.
##### 116D
- (1) This paragraph applies if—
- (a) an access agreement is entered into, and
- (b) the application under paragraph 106, 107 or 112 is in progress.
- (2) “*Access agreement*” means—
- (a) terms on which the union is (or unions are) to have access to the workers constituting the bargaining unit and which are agreed between the parties under paragraph 116B during the negotiation period, or
- (b) terms on which the union is (or unions are) to have access to the workers constituting the bargaining unit and which are decided by the CAC under paragraph 116C,
and such an agreement is to be treated as “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 workers constituting the bargaining unit 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 workers constituting the bargaining unit, 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 workers constituting the bargaining unit, or
- (b) indicated an intention to attend or take part in such a meeting.
- (6) 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 116E 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.
- (7) 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.
- (8) Any provision of an access agreement that would require personal data relating to any of the relevant workers to be disclosed to a person other than a person appointed under paragraph 117 to conduct a ballot is of no effect for the purposes of this Part of this Schedule.
- (9) “*Personal data*” has the same meaning as in the Data Protection Act 2018 (see section 3 of that Act).
- (10) 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.
##### 116E
- (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 116D, and
- (b) the application under paragraph 106, 107 or 112 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), and
- (b) the application under paragraph 106, 107 or 112 is in progress.
- (4) If the party that has failed to comply is the employer, the CAC may—
- (a) refuse the employer’s application under paragraph 106 or 107;
- (b) order the employer to refrain from any campaigning in relation to an application under paragraph 112.
- (5) If the party that has failed to comply is a union, the CAC may issue a declaration that the bargaining arrangements are to cease to have effect; and the bargaining arrangements cease to have effect accordingly.
##### 116F
- (1) This paragraph applies if the CAC has made an order under paragraph 116E(4)(b) in relation to an application under paragraph 112.
- (2) The worker making the application (or each of the workers making the application) and the union (or each of the unions) are entitled to enforce obedience to the order.
- (3) The order may be enforced—
- (a) in England and Wales, in the same way as an order of the county court;
- (b) in Scotland, in the same way as an order of the sheriff.
##### 116G
- (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 116A(2), including (among other things)—
- (a) what access is reasonable for the purposes of paragraph 116C(4);
- (b) the duty in paragraph 116D(4).
- (2) The powers are—
- (a) the power of ACAS under section 199(1);
- (b) the power of the Secretary of State under section 203(1)(a).
### Unfair practices
##### 116H
- (1) Each of the parties informed by the CAC under paragraph 111(5) or 115(5) that an application under paragraph 106, 107 or 112 is accepted must refrain from using any unfair practice in relation to the application.
- (2) A party uses an unfair practice if, with a view to influencing the outcome of the application, the party does any of the following—
- (a) dismisses, or threatens to dismiss, a worker;
- (b) takes, or threatens to take, disciplinary action against a worker;
- (c) subjects, or threatens to subject, a worker to any other detriment;
- (d) offers to pay money, or give money’s worth, to a relevant worker in return for the worker’s agreement to vote in a particular way, or to abstain from voting, in a relevant ballot;
- (e) makes an outcome-specific offer to a relevant worker;
- (f) coerces, or attempts to coerce, a relevant worker to disclose—
- (i) whether the worker intends to vote, or to abstain from voting, in any relevant ballot, or
- (ii) how the worker intends to vote, or has voted, in any relevant ballot;
- (g) uses, or attempts to use, undue influence on a relevant worker.
- (3) In sub-paragraph (2)—
- (a) “*relevant ballot*” means any ballot that is or may be held in which workers are asked whether the bargaining arrangements should be ended, and
- (b) “*relevant worker*” means any worker who is or would be entitled to vote in a relevant ballot.
- (4) For the purposes of sub-paragraph (2)(e) an “outcome-specific offer” is an offer to pay money, or give money’s worth, which—
- (a) is conditional on—
- (i) the issuing by the CAC of a declaration that the bargaining arrangements are to cease to have effect, or
- (ii) the refusal by the CAC of an application under paragraph 106, 107 or 112, and
- (b) is not conditional on anything which is done or occurs as a result of that declaration, or, as the case may be, of that refusal.
- (5) For the purposes of this paragraph and paragraphs 116I to 116K as they apply in relation to an application under paragraph 112, references to a party are to be read as including references to the worker or workers making the application.
- (6) The duty imposed by this paragraph does not confer any rights on a worker; but that does not affect any other right which a worker may have.
- (7) Each of the following powers is to be taken to include power to issue Codes of Practice about unfair practices for the purposes of this paragraph—
- (a) the power of ACAS under section 199(1);
- (b) the power of the Secretary of State under section 203(1)(a).
##### 116I
- (1) A party may complain to the CAC that another party has failed to comply with paragraph 116H.
- (2) A complaint under sub-paragraph (1) may not be made after—
- (a) in the case of an application under paragraph 106 or 107, the application is withdrawn;
- (b) in the case of an application under paragraph 112, an agreement or withdrawal as described in paragraph 116(1);
- (c) the CAC refuses the application under paragraph 116E(4)(a), 116K(4)(a) or (6) or 119(2);
- (d) the CAC notifies the union (or unions) of a declaration issued under paragraph 116E(5) or 116K(5) in relation to the application;
- (e) if the CAC informs the union (or unions) under paragraph 117(11) of a ballot, the fifth working day after—
- (i) the date of the ballot, or
- (ii) if votes may be cast in the ballot on more than one day, the last of those days.
- (3) Within the decision period the CAC must decide whether the complaint is well-founded.
- (4) A complaint is well-founded if the CAC finds that the party complained against used an unfair practice.
- (5) The decision period is—
- (a) the period of 10 working days starting with the day after the day on which the complaint under sub-paragraph (1) was received by the CAC, or
- (b) such longer period (so starting) as the CAC may specify to the parties by a notice containing reasons for the extension.
##### 116J
- (1) This paragraph applies if the CAC decides that a complaint under paragraph 116I is well-founded.
- (2) The CAC must, as soon as is reasonably practicable, issue a declaration to that effect.
- (3) The CAC may order the party concerned to take any action specified in the order within such period as may be so specified.
- (4) Sub-paragraph (5) applies if the CAC has at any time informed the union (or unions) under paragraph 117(11) of a ballot in relation to the application (including a ballot that was cancelled or is ineffective).
- (5) The CAC may make arrangements for the holding of a secret ballot in which the workers constituting the bargaining unit are asked whether the bargaining arrangements should be ended.
- (6) The CAC may make an order under sub-paragraph (3), or make arrangements under sub-paragraph (5), either at the same time as it issues the declaration under sub-paragraph (2) or at any other time before any of the following occurs—
- (a) in the case of an application under paragraph 106 or 107, the withdrawal of the application;
- (b) in the case of an application under paragraph 112, an agreement or withdrawal as described in paragraph 116(1);
- (c) the CAC refusing the application under paragraph 116E(4)(a), 116K(4)(a) or (6) or 119(2);
- (d) the CAC notifying the union (or unions) of a declaration issued under paragraph 116E(5) or 116K(5) in relation to the application;
- (e) if the CAC informs the union (or unions) under paragraph 117(11) of a ballot, the CAC acting under paragraph 121 in relation to the ballot.
- (7) The action specified in an order under sub-paragraph (3) must be such as the CAC considers reasonable in order to mitigate the effect of the failure of the party concerned to comply with the duty imposed by paragraph 116H.
- (8) The CAC may make more than one order under sub-paragraph (3).
##### 116K
- (1) Sub-paragraphs (4) to (7) apply if—
- (a) the CAC issues a declaration under paragraph 116J(2) that a complaint that a party has failed to comply with paragraph 116H is well-founded,
- (b) the application under paragraph 106, 107 or 112 has not been withdrawn or, in the case of an application under paragraph 112, there has been no agreement as described in paragraph 116(1),
- (c) the CAC has not refused the application under paragraph 116E(4)(a), 116K(4)(a) or (6) or 119(2),
- (d) the CAC has not notified the union (or unions) of a declaration issued under paragraph 116E(5) or 116K(5) in relation to the application, and
- (e) sub-paragraph (2) or (3) applies.
- (2) This sub-paragraph applies if the declaration states that the unfair practice used consisted of or included—
- (a) the use of violence, or
- (b) the dismissal of a union official.
- (3) This sub-paragraph applies if the CAC has made an order under paragraph 116J(3) and—
- (a) it is satisfied that the party subject to the order has failed to comply with it, or
- (b) it makes another declaration under paragraph 116J(2) in relation to a complaint against that party.
- (4) If the party that has failed to comply is the employer, the CAC may—
- (a) refuse the employer’s application under paragraph 106 or 107;
- (b) order the employer to refrain from any campaigning in relation to an application under paragraph 112.
- (5) If the party that has failed to comply is a union, the CAC may issue a declaration that the bargaining arrangements are to cease to have effect on a date specified by the CAC in the declaration; and the bargaining arrangements cease to have effect accordingly.
- (6) If the party that has failed to comply is the worker making an application under paragraph 112 (or any of the workers making an application under paragraph 112), the CAC may refuse the application.
- (7) The powers conferred by this paragraph are in addition to those conferred by paragraph 116J.
##### 116L
- (1) This paragraph applies if the CAC has made an order against the employer under paragraph 116J(3) or 116K(4)(b) in relation to an application under paragraph 112.
- (2) The worker making the application (or each of the workers making the application) and the union (or each of the unions) are entitled to enforce obedience to the order.
- (3) The order may be enforced—
- (a) in England and Wales, in the same way as an order of the county court;
- (b) in Scotland, in the same way as an order of the sheriff.
### Access agreements
##### 132A
Paragraphs 116A to 116E apply if the CAC accepts an application under paragraph 128 (as well as in the cases mentioned in paragraph 116A(1)), as if—
- (a) the references in paragraphs 116A(1) and (4), 116B(1)(a), 116C(1)(a), 116D(1)(b) and 116E(1)(b) and (3)(b) to paragraph 106, 107 or 112 were to paragraph 106, 107, 112 or 128;
- (b) the references in paragraphs 116A(3) and 116B(3)(a) to paragraph 111(5) or 115(5) were to paragraph 111(5), 115(5) or 132(5);
- (c) the references in paragraphs 116A(4)(a) and 116E(4)(a) to paragraph 106 or 107 were to paragraph 106, 107 or 128.
### Unfair practices
##### 132B
Paragraphs 116H to 116K apply if the CAC accepts an application under paragraph 128 (as well as in the cases mentioned in paragraph 116H), as if—
- (a) the references in paragraphs 116H(1) and (4)(a)(ii) and 116K(1)(b) to paragraph 106, 107 or 112 were to paragraph 106, 107, 112 or 128;
- (b) the reference in paragraph 116H(1) to paragraph 111(5) or 115(5) were to paragraph 111(5), 115(5) or 132(5);
- (c) the references in paragraphs 116I(2)(a), 116J(6)(a) and 116K(4)(a) to paragraph 106 or 107 were to paragraph 106, 107 or 128.
### Access agreements
##### 146A
Paragraphs 116A to 116F apply if the CAC accepts an application under paragraph 137 (as well as in the cases mentioned in paragraph 116A(1)), as if—
- (a) the references in paragraphs 116A(1) and (4), 116B(1)(a), 116C(1)(a), 116D(1)(b) and 116E(1)(b) and (3)(b) to paragraph 106, 107 or 112 were to paragraph 106, 107, 112 or 137;
- (b) the references in paragraphs 116A(4)(b), 116E(4)(b) and 116F(1) to paragraph 112 were to paragraph 112 or 137;
- (c) the references in paragraphs 116A(3) and 116B(3)(a) to paragraph 111(5) or 115(5) were to paragraph 111(5), 115(5) or 141(5);
- (d) the reference in paragraph 116A(4)(b) to paragraph 116(1) were to paragraph 116(1), 142(1) or 145(3).
### Unfair practices
##### 146B
Paragraphs 116H to 116L apply if the CAC accepts an application under paragraph 137 (as well as in the cases mentioned in paragraph 116H), as if—
- (a) the references in paragraphs 116H(1) and (4)(a)(ii) and 116K(1)(b) to paragraph 106, 107 or 112 were to paragraph 106, 107, 112 or 137;
- (b) the reference in paragraph 116H(1) to paragraph 111(5) or 115(5) were to paragraph 111(5), 115(5) or 141(5);
- (c) the references in paragraphs 116H(5), 116I(2)(b), 116J(6)(b), 116K(1)(b), (4)(b) and (6) and 116L(1) to paragraph 112 were to paragraph 112 or 137;
- (d) the references in paragraphs 116I(2)(b) and 116J(6)(b) to paragraph 116(1) were to paragraph 116(1), 142(1) or 145(3).
2025-12-18
Trade Union and Labour Relations (Consolidation) Act 1992
2025-05-01
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2014-12-16
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1992-07-16
Trade Union and Labour Relations (Consolidation) Act 1992 — versión
original version
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