Employment Rights Act 2025

• (1) In the Trade Union and Labour Relations (Consolidation) Act 1992, section 193A is amended in accordance with subsections (2) to (5).

• (2) For the heading substitute “Application of section 193 in certain cases involving redundancies of ships’ crew”.

• (3) In subsection (1)—

• (a) in the words before paragraph (a), for “has effect subject to this section” substitute “applies with the modifications set out in subsections (2) and (3)”;

• (b) in paragraph (b)—

• (i) at the beginning insert “some or all of”;

• (ii) for “vessel” substitute “ship”.

• (4) In subsection (2)—

• (a) before “to the competent authority” insert “, so far as relating to the members of crew of a ship within subsection (1)(b),”;

• (b) for “vessel” substitute “ship”;

• (c) for “instead of” substitute “as well as”.

• (5) After subsection (2) insert—

(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.

• (6) In section 285 of the Trade Union and Labour Relations (Consolidation) Act 1992 (employment outside Great Britain)—

• (a) in subsection (1B), after “United Kingdom” insert “or a GB-linked ship”;

• (b) after subsection (2) insert—

(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).

Public sector outsourcing: protection of workers

Public sector outsourcing: protection of workers

32

• (1) The Procurement Act 2023 is amended as follows.

• (2) After Part 5 insert—

(83A) (1) This Part provides for a Minister of the Crown, the Scottish Ministers and the Welsh Ministers to make provision for the protection of workers in relation to relevant outsourcing contracts (see section 83B). (2) Accordingly, in this Part, “appropriate authority”— (a) means— (i) a Minister of the Crown, (ii) the Scottish Ministers, or (iii) the Welsh Ministers, and (b) does not include a Northern Ireland department. (3) In addition to the restrictions in section 113, a Minister of the Crown— (a) may exercise a power under this Part for the purpose of regulating devolved Scottish authorities only in relation to joint or centralised procurement under a reserved procurement arrangement; (b) may not exercise a power under this Part for the purpose of regulating joint or centralised procurement under a devolved Scottish procurement arrangement. (4) The Scottish Ministers— (a) may only exercise a power under this Part for the purpose of regulating— (i) devolved Scottish authorities, or (ii) procurement under a devolved Scottish procurement arrangement; (b) may not exercise a power under this Part for the purpose of regulating— (i) joint or centralised procurement under a reserved procurement arrangement, or (ii) joint or centralised procurement under a devolved Welsh procurement arrangement. (5) In addition to the restrictions in section 111, the Welsh Ministers— (a) may exercise a power under this Part for the purpose of regulating devolved Scottish authorities only in relation to joint or centralised procurement under a devolved Welsh procurement arrangement; (b) may not exercise a power under this Part for the purpose of regulating joint or centralised procurement under a devolved Scottish procurement arrangement. (6) This Part does not apply in relation to— (a) a private utility; (b) a person referred to in regulation 4(1)(b) of the Utilities Contracts (Scotland) Regulations 2016 (S.S.I. 2016/49); (c) a devolved Welsh authority listed in Schedule 1 of the Social Partnership and Public Procurement (Wales) Act 2023 (asc 1); (d) procurement under a transferred Northern Ireland procurement arrangement, except to the extent that the procurement— (i) is carried out by a devolved Scottish authority, and (ii) is not joint or centralised; (e) a transferred Northern Ireland authority, except in relation to— (i) procurement under a reserved procurement arrangement, (ii) procurement under a devolved Scottish procurement arrangement, or (iii) procurement under a devolved Welsh procurement arrangement. (7) For the purposes of this section, procurement under a procurement arrangement is “joint or centralised” if as part of that procurement arrangement a contract is to be awarded following a procedure or other selection process carried out— (a) jointly by a devolved Scottish authority and another contracting authority which is not a devolved Scottish authority, or (b) by a centralised procurement authority or equivalent body. (83B) (1) In this Part, “relevant outsourcing contract” means a contract in relation to which conditions A to C are met. (2) Condition A is met where the contract— (a) is a public contract under this Act, or (b) is a contract regulated by Scottish procurement legislation. (3) Condition B is met where the contract— (a) is a contract for the supply of services that include the performance of functions that are or have previously been performed by the contracting authority, or (b) is— (i) in the case of a public contract, a framework for the future award of a contract referred to in paragraph (a), or (ii) in the case of a contract regulated by Scottish procurement legislation, a framework agreement the purpose of which is to establish the terms governing a contract referred to in paragraph (a). (4) Condition C is met where the functions referred to in subsection (3)(a) are, or are expected to be, performed by individuals (“transferring workers”) who— (a) in performing the functions, are employed by the supplier or a sub-contractor under a worker’s contract, and (b) were employed by the contracting authority under a worker’s contract in performing functions of the same kind. (5) For the purposes of this Part— (a) “contract regulated by Scottish procurement legislation” means a contract the procurement of which by a devolved Scottish authority is regulated by Scottish procurement legislation; (b) in relation to a contract regulated by Scottish procurement legislation— (i) “contracting authority” means a devolved Scottish authority that is a contracting authority within the meaning of the relevant Scottish procurement legislation; (ii) “framework agreement” has the same meaning as in the relevant Scottish procurement legislation; (iii) “supplier” means an economic operator within the meaning of the relevant Scottish procurement legislation; (iv) “the relevant Scottish procurement legislation” means the Scottish procurement legislation regulating the procurement of the contract. (83C) (1) An appropriate authority may by regulations specify provision to be included in a relevant outsourcing contract for the purpose of ensuring that— (a) transferring workers of a specified description are treated no less favourably as workers of the supplier or a sub-contractor than they were as workers of the contracting authority, and (b) workers of the supplier or a sub-contractor who are not transferring workers and are of a specified description are treated no less favourably than those transferring workers. (2) In carrying out the procurement of a relevant outsourcing contract, the contracting authority must— (a) take all reasonable steps to ensure that provision specified under subsection (1) is included in the contract; (b) where provision specified under subsection (1) is included in the contract, take all reasonable steps to secure that such provision is complied with. (3) Subsection (2) does not apply— (a) where the contracting authority or the relevant outsourcing contract is of a specified description, or (b) in specified circumstances. (4) In this section, “specified” means specified in regulations made by an appropriate authority. (83D) (1) An appropriate authority must prepare and publish a code of practice containing guidance to contracting authorities for the purpose of ensuring that, where a contracting authority carries out the procurement of a relevant outsourcing contract— (a) transferring workers of a description specified in the code are treated no less favourably as workers of the supplier or a sub-contractor than they were as workers of the contracting authority, and (b) workers of the supplier or a sub-contractor who are not transferring workers and are of a description specified in the code are treated no less favourably than those transferring workers. (2) An appropriate authority— (a) may amend or replace a code published by it under subsection (1), and (b) must publish any amended or replacement code. (3) A code published under subsection (1) or (2) must— (a) in the case of a code published by a Minister of the Crown, be laid before Parliament; (b) in the case of a code published by the Scottish Ministers, be laid before the Scottish Parliament; (c) in the case of a code published by the Welsh Ministers, be laid before Senedd Cymru. (4) In carrying out the procurement of a relevant outsourcing contract, the contracting authority must have regard to the code of practice for the time being published under subsection (1) or (2). (5) This section does not require an appropriate authority to do anything which the authority does not have power to do (see section 83A and Part 11). (83E) (1) In this Part— - “appropriate authority” has the meaning given in section 83A(2); - “contract regulated by Scottish procurement legislation” has the meaning given in section 83B(5)(a); - “relevant outsourcing contract” has the meaning given in section 83B; - “transferring worker”, in relation to a relevant outsourcing contract, has the meaning given in section 83B(4); - “worker” and “worker’s contract” have the same meaning as in the Employment Rights Act 1996 (see section 230 of that Act). (2) For the purposes of this Part, in relation to a contract regulated by Scottish procurement legislation, “contracting authority”, “framework agreement”, “supplier” and “the relevant Scottish procurement legislation” have the meaning given in section 83B(5)(b). (83F) The Scottish Ministers may by regulations modify section 83A, 83B or 83E in consequence of a modification of Scottish procurement legislation.

• (3) In section 2 (contracting authorities), after subsection (1) insert—

(1A) But see also section 83B(5)(b)(i) (which provides for “contracting authority” to have an extended meaning in relation to certain contracts regulated under Part 5A (outsourcing: protection of workers)).

• (4) In section 122 (regulations)—

• (a) in subsection (4) (regulations of Ministers of the Crown subject to affirmative procedure), after paragraph (i) insert—

(ia) section 83C (provision for inclusion in relevant outsourcing contracts);

;

• (b) in subsection (10) (regulations of Welsh Ministers subject to affirmative procedure), after paragraph (g) insert—

(ga) section 83C (provision for inclusion in relevant outsourcing contracts);

;

• (c) in subsection (14) (regulations of Scottish Ministers subject to affirmative procedure), before paragraph (a) insert—

(za) section 83C (provision to be included in relevant outsourcing contracts); (zb) section 83F (power to amend section 83A, 83B or 83E);

.

• (5) In section 123 (interpretation), in subsection (1), in the definition of “appropriate authority”, at the end insert—

(but see section 83A(2) for a different meaning of “appropriate authority” in Part 5A (outsourcing: protection of workers));

.

• (6) In section 124 (index of defined expressions), for the entry for “appropriate authority” substitute—

appropriate authority (except in Part 5A)	section 123
appropriate authority (in Part 5A)	section 83A

.

• (7) In Schedule 9A (procurement by devolved Scottish authorities), at the appropriate place insert—

Part 5A (outsourcing: protection of workers)

.

Duties of employers relating to equality

Equality action plans

33

• (1) The Equality Act 2010 is amended as follows.

• (2) In Part 5 (work), in Chapter 3 (equality of terms), after section 78 insert—

(78A) (1) Regulations may require employers to— (a) develop and publish a plan (an “equality action plan”) showing the steps that the employers are taking in relation to their employees with regard to prescribed matters related to gender equality, and (b) publish prescribed information relating to the plan. (2) This section does not apply to— (a) an employer with fewer than 250 employees; (b) a public authority, other than— (i) a public authority specified in Part 1 of Schedule 19, or (ii) a public authority specified in Part 4 of Schedule 19 with the letter “D” included after the entry. (3) For the purposes of subsection (1), a matter is related to gender equality if it is related to advancing equality of opportunity between male and female employees. (4) Accordingly, matters related to gender equality include— (a) addressing the gender pay gap, and (b) supporting employees going through the menopause. (5) The regulations may, among other things, make provision about— (a) the content of a plan; (b) the form and manner in which a plan or information is to be published; (c) when and how frequently a plan or information is to be published or revised; (d) requirements for senior approval before a plan or information is published; (e) descriptions of employers; (f) descriptions of employee; (g) descriptions of information. (6) The regulations may not require an employer, after the first publication of information, to publish information more frequently than at intervals of 12 months. (7) The regulations may make provision for a failure to comply with the regulations to be enforced, otherwise than as an offence, by such means as are prescribed. (8) The reference to a failure to comply with the regulations includes a reference to a failure by a person acting on behalf of an employer. (9) A Minister of the Crown must consult— (a) the Commission, before making regulations under this section that apply to a public authority, and (b) the Welsh Ministers, before making regulations under this section that apply to a public authority specified in Part 4 of Schedule 19 with the letter “D” included after the entry.

• (3) In Part 16 (general and miscellaneous), in section 208(5) (regulations subject to affirmative procedure), after paragraph (b) insert—

(ba) regulations under section 78A (equality action plans);

.

Provision of information relating to outsourced workers

34

• (1) The Equality Act 2010 is amended as follows.

• (2) In section 78 (gender pay gap information), after subsection (3) insert—

(3A) Regulations under subsection (3)(d) may, among other things, make provision, in a case where an employer is a principal in relation to an individual who is a contract worker, requiring publication of the identity of the person who has contracted with the principal for the supply of the individual. (3B) In subsection (3A), “principal” and “contract worker” have the meaning that they have in section 41 (see section 41(5) and (7)).

• (3) In section 153 (power to impose specific duties on public authorities), after subsection (1) insert—

(1A) Regulations under subsection (1) may, among other things, make provision, in a case where an employer is a principal in relation to an individual who is a contract worker, requiring publication of the identity of the person who has contracted with the principal for the supply of the individual. (1B) In subsection (1A), “principal” and “contract worker” have the meaning that they have in section 41 (see section 41(5) and (7)).

• (4) In section 154 (power to impose specific duties: cross-border public authorities), after subsection (3) insert—

(3A) Regulations under this section made by a Minister of the Crown may, among other things, make provision, in a case where an employer is a principal in relation to an individual who is a contract worker, requiring publication of the identity of the person who has contracted with the principal for the supply of the individual. (3B) In subsection (3A), “principal” and “contract worker” have the meaning that they have in section 41 (see section 41(5) and (7)).

Annual leave records

Duty to keep records relating to annual leave

35

• (1) The Working Time Regulations 1998 (S.I. 1998/1833) are amended as follows.

• (2) In Part 2 (rights and obligations concerning working time), after regulation 16A insert—

(16B) (1) An employer must— (a) keep records which are adequate to show whether the employer has complied with the entitlements conferred by regulations 13(1), 13A(1), 15B(2) and 16(1) and the requirements in regulations 14(2) and (6) and 15E(2); (b) retain such records for six years from the date on which they were made. (2) The records referred to in paragraph (1)(a) may be created, maintained and kept in such manner and format as the employer reasonably thinks fit.

• (3) In regulation 29 (offences), in paragraph (1), after “the relevant requirements” insert “or with regulation 16B(1)”.

• (4) In regulation 29C (restriction on institution of proceedings in England and Wales)—

• (a) the existing provision becomes paragraph (1);

• (b) after that paragraph insert—

(2) But paragraph (1) does not prevent the Secretary of State from instituting proceedings in England and Wales for an offence under regulation 29(1) in respect of a failure to comply with regulation 16B(1) (duty to keep records).

Employment businesses

Extension of regulation of employment businesses

36

In section 13 of the Employment Agencies Act 1973 (interpretation), for subsection (3) substitute—

(3) For the purposes of this Act “employment business” means the business (whether or not carried on with a view to profit and whether or not carried on in conjunction with any other business) of participating in employment arrangements. (3A) “Employment arrangements” means arrangements under which persons who are, or are intended to be, in the employment of a person are, or are intended to be, supplied to act for, and under the control of, another person in any capacity. (3B) “Participating in” employment arrangements means doing any of the following in connection with the arrangements— (a) being an employer of the persons who are, or are intended to be, supplied under the arrangements; (b) paying for, or receiving or forwarding payment for, the services of those persons, in consideration of directly or indirectly receiving a fee from those persons; (c) supplying those persons (whether or not under the arrangements); (d) taking steps with a view to doing anything mentioned in paragraphs (a) to (c).

Employment of children on heritage railways

Guidance about the employment of children on heritage railways

37

• (1) The Office of Rail and Road and the Health and Safety Executive, acting jointly, must, before the end of the relevant 12-month period, prepare and publish guidance setting out circumstances in which a child carrying out activities for the purposes of a heritage railway in Great Britain is, or is not, to be regarded as employed in an industrial undertaking for the purposes of section 1 of the Employment of Women, Young Persons and Children Act 1920 (restrictions on the employment of children in industrial undertakings).

• (2) The Office of Rail and Road and the Health and Safety Executive, acting jointly—

• (a) may from time to time revise guidance published under this section;

• (b) must publish any revisions of that guidance.

• (3) In this section—

• “heritage railway” means a railway which— is operated for the purposes of— preserving, recreating or simulating railways of the past, or demonstrating or operating historical or special types of motive power or rolling stock, and is exclusively or primarily used for recreational or educational purposes;

• “railway” includes a tramway;

• “the relevant 12-month period” means the period of 12 months beginning with the day on which this Act is passed.

Part 3 — Pay and conditions in particular sectors

Chapter 1 — School support staff

Pay and conditions of school support staff in England

38

Schedule 4 contains provision establishing the School Support Staff Negotiating Body.

Chapter 2 — Social care workers

Social Care Negotiating Bodies

Power to establish Social Care Negotiating Body

39

• (1) For the purposes of this Chapter, the Secretary of State may by regulations provide for there to be a body in England known as the Adult Social Care Negotiating Body for England.

• (2) For the purposes of this Chapter, the Welsh Ministers may, with the agreement of the Secretary of State, by regulations provide for there to be a body in Wales known as the Social Care Negotiating Body for Wales.

• (3) For the purposes of this Chapter, the Scottish Ministers may, with the agreement of the Secretary of State, by regulations provide for there to be a body in Scotland known as the Social Care Negotiating Body for Scotland.

• (4) Any power of the Welsh Ministers or the Scottish Ministers to make regulations under the remaining provisions of this Chapter may not be exercised without the agreement of the Secretary of State.

• (5) In this Chapter—

• “the appropriate authority”— in relation to the Adult Social Care Negotiating Body for England, means the Secretary of State; in relation to the Social Care Negotiating Body for Wales, means the Welsh Ministers; in relation to the Social Care Negotiating Body for Scotland, means the Scottish Ministers;

• “Negotiating Body” means a body established by regulations under this section.

Membership, procedure, etc of Negotiating Body

40

• (1) Where the appropriate authority provides for there to be a Negotiating Body under section 39, the authority may by regulations make further provision about the Negotiating Body.

• (2) The provision that may be made by regulations under this section includes, among other things—

• (a) provision about membership of the Negotiating Body, including (among other things)—

• (i) provision about the appointment of members;

• (ii) provision about the number of members, or the number of members of a specified description, which the Negotiating Body is to have (see also subsection (3));

• (iii) provision about the termination of appointments;

• (b) provision for the appointment of a person to chair the Negotiating Body, including (among other things) provision for that person to be, or not to be, a person of a specified description;

• (c) provision about how the Negotiating Body makes its decisions;

• (d) provision for the Negotiating Body to keep records of a specified description;

• (e) provision for the payment of fees or expenses by the appropriate authority to members of the Negotiating Body;

• (f) provision for staff or facilities to be provided to the Negotiating Body by the appropriate authority;

• (g) provision about reports, including (among other things) provision requiring the Negotiating Body to publish reports at specified times or about specified matters.

• (3) Regulations under this section—

• (a) must provide that the persons appointed as members of the Negotiating Body include—

• (i) officials of one or more trade unions that represent the interests of social care workers;

• (ii) persons representing the interests of employers of social care workers;

• (b) may provide for other descriptions of person to be appointed as members of the Negotiating Body.

• (4) Regulations under this section may provide that the validity of anything done by the Negotiating Body is not affected by a vacancy or a defective appointment.

• (5) Regulations under this section may amend any enactment in consequence of the establishment of the Negotiating Body.

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

Matters within Negotiating Body’s remit

41

• (1) For the purposes of this Chapter, the matters within a Negotiating Body’s remit are matters that relate to any of the following—

• (a) the remuneration of relevant social care workers, or of relevant social care workers of a specified description;

• (b) terms and conditions of employment of relevant social care workers, or of relevant social care workers of a specified description;

• (c) any other specified matters relating to employment as a relevant social care worker, or as a relevant social care worker of a specified description.

• (2) In subsection (1)—

• “relevant social care worker”, in relation to a Negotiating Body, means a social care worker employed in, or in connection with, the provision of social care in the area for which the Negotiating Body is established;

• “specified” means specified in regulations made by the appropriate authority.

Meaning of “social care worker”

42

• (1) In this Chapter “social care worker” means—

• (a) in relation to England, a person who is employed wholly or mainly in, or in connection with, the provision of social care to individuals aged 18 or over;

• (b) in relation to Wales or Scotland, a person who is employed wholly or mainly in, or in connection with, the provision of social care to any individual.

• (2) For the purposes of subsection (1), “social care” includes any form of personal care or other practical assistance provided for individuals who, by reason of age, illness, disability, pregnancy, childbirth, dependence on alcohol or drugs, or any other similar circumstances, are in need of such care or other assistance.

Consideration of matters by Negotiating Body

Consideration of matters by Negotiating Body

43

• (1) The appropriate authority may by regulations make provision about the consideration by a Negotiating Body of matters within its remit.

• (2) The provision that may be made by regulations under this section includes, among other things—

• (a) provision about the circumstances in which the Negotiating Body may, or must, consider a matter within its remit, including (among other things) provision requiring it to consider any matter referred to it by the appropriate authority;

• (b) provision specifying, or enabling the appropriate authority to specify, factors to which the Negotiating Body may, or must, have regard when considering a matter;

• (c) provision specifying, or enabling the appropriate authority to specify, conditions that must be met in relation to any agreement reached by the Negotiating Body about a matter, including (among others) conditions relating to funding;

• (d) provision requiring members of the Negotiating Body to provide the Negotiating Body with information, or information of a specified description, for the purposes of enabling it to consider, or reach an agreement about, a matter;

• (e) provision requiring the Negotiating Body, if it reaches an agreement about a matter, to submit the agreement to the appropriate authority;

• (f) provision requiring the Negotiating Body to take any specified steps before a date notified to it by the appropriate authority.

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

Reconsideration by Negotiating Body

44

• (1) The appropriate authority may by regulations provide that, in a case where a Negotiating Body submits an agreement to the appropriate authority, the authority may refer the agreement back to the Negotiating Body for reconsideration, or may do so in specified circumstances.

• (2) The appropriate authority may by regulations make provision about what happens where an agreement is referred back to a Negotiating Body as mentioned in subsection (1).

• (3) The provision that may be made by regulations under subsection (2) includes, among other things—

• (a) provision requiring the Negotiating Body to reconsider the agreement;

• (b) provision specifying, or enabling the appropriate authority to specify, factors to which the Negotiating Body may, or must, have regard when reconsidering the agreement;

• (c) provision specifying, or enabling the appropriate authority to specify, conditions that must be met in relation to any revised agreement reached by the Negotiating Body about a matter, including (among others) conditions relating to funding;

• (d) provision requiring members of the Negotiating Body to provide the Negotiating Body with information, or information of a specified description, for the purposes of enabling it to reconsider the agreement;

• (e) provision specifying steps which the Negotiating Body may or must take after reconsidering the agreement, including, in particular, submitting the original agreement, or a revised agreement, to the appropriate authority;

• (f) provision requiring the Negotiating Body to take any specified steps before a date notified to it by the appropriate authority.

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

Failure to reach an agreement

45

• (1) The appropriate authority may by regulations make provision about cases where a Negotiating Body is unable to reach an agreement about a matter.

• (2) The provision that may be made by regulations under this section includes, among other things—

• (a) provision for resolving disagreements about any matter;

• (b) provision conferring functions on the appropriate authority or a person specified in the regulations;

• (c) provision requiring the Negotiating Body to act in accordance with a decision of the appropriate authority or a person specified in the regulations.

Giving effect to agreements of Negotiating Body

Power to ratify agreements

46

• (1) This section applies if a Negotiating Body submits an agreement to the appropriate authority in accordance with regulations under section 43 or 44.

• (2) The appropriate authority may make regulations ratifying the agreement—

• (a) in full, or

• (b) to the extent specified in the regulations.

Effect of regulations ratifying agreement

47

• (1) This section applies if the appropriate authority makes regulations under section 46 ratifying (to any extent) an agreement submitted by a Negotiating Body.

• (2) If the agreement relates to a social care worker’s remuneration, the social care worker’s remuneration is to be determined and paid in accordance with the agreement.

• (3) A provision of the agreement that relates to any other term or condition of a social care worker’s employment has effect as a term of the social care worker’s contract.

• (4) A term of that contract has no effect to the extent that it makes provision that is prohibited by, or is otherwise inconsistent with, the agreement.

• (5) Subsections (2) to (4)—

• (a) do not apply in relation to a term or condition of a social care worker’s employment if, and to the extent that, giving effect to the agreement would alter the term or condition to the social care worker’s detriment;

• (b) do not prevent the terms and conditions of a social care worker’s employment from including a term or condition that is more favourable to the social care worker than that which would otherwise have effect by virtue of those subsections.

Power of appropriate authority to deal with matters

Power of appropriate authority to deal with matters

48

• (1) This section applies where—

• (a) a Negotiating Body notifies the appropriate authority that it has been unable to reach an agreement on a matter referred to it, and

• (b) any other specified conditions are met.

In paragraph (b) “specified” means specified in regulations made by the appropriate authority.

• (2) The appropriate authority may by regulations make provision about the matter.

• (3) Regulations under subsection (2) may provide that the regulations are to have effect for determining the terms and conditions of employment of social care workers to whom the regulations apply.

• (4) If the regulations make provision within subsection (3), subsections (5) to (7) apply (but see subsection (8)).

• (5) If the regulations relate to a social care worker’s remuneration, the social care worker’s remuneration is to be determined and paid in accordance with the regulations.

• (6) A provision of the regulations that relates to any other term or condition of a social care worker’s employment has effect as a term of the social care worker’s contract.

• (7) A term of that contract has no effect to the extent that it makes provision that is prohibited by, or is otherwise inconsistent with, the regulations.

• (8) Subsections (5) to (7)—

• (a) do not apply in relation to a term or condition of a social care worker’s employment if, and to the extent that, giving effect to the regulations would alter the term or condition to the social care worker’s detriment;

• (b) do not prevent the terms and conditions of a social care worker’s employment from including a term or condition that is more favourable to the social care worker than that which would otherwise have effect by virtue of those subsections.

Guidance etc

Guidance and codes of practice

49

• (1) The appropriate authority may by regulations make provision about the issuing of guidance or codes of practice by the authority in relation to—

• (a) agreements submitted by a Negotiating Body in accordance with regulations under section 43 or 44;

• (b) regulations made by the authority under section 48.

• (2) Regulations under this section may, among other things—

• (a) impose duties on specified persons, or persons of a specified description, in relation to any provision of guidance or a code of practice;

• (b) make provision about the consequences of a failure to comply with any duty imposed by virtue of paragraph (a).

• (3) The provision that may be made by virtue of subsection (2)(b) includes, among other things, provision for the failure to be taken into account in any proceedings before a court or tribunal, including (among other things) for the purpose of determining the amount of any financial award.

• (4) Regulations under this section that by virtue of subsection (2)(b) make provision about the consequences of a failure to comply with a duty imposed by the regulations in relation to a provision of guidance or a code of practice must provide for the guidance or code to be laid before the appropriate legislature and subject to the procedure specified.

• (5) In this section—

• “the appropriate legislature” means— in the case of regulations of the Secretary of State, Parliament; in the case of regulations of the Welsh Ministers, Senedd Cymru; in the case of regulations of the Scottish Ministers, the Scottish Parliament;

• “specified” means specified in the regulations.

Enforcement

Duty of employers to keep records

50

• (1) For the purposes of this Chapter, the Secretary of State may by regulations make provision requiring employers—

• (a) to keep, in a specified form and manner, records of a specified description;

• (b) to preserve those records for a specified period.

• (2) Regulations under this section may provide for the following provisions of the National Minimum Wage Act 1998 to apply, with or without modifications, in relation to records which an employer is required to keep and preserve by virtue of the regulations—

• (a) section 10 (worker’s right of access to records);

• (b) section 11 (failure of employer to allow access to records);

• (c) section 11A (extension of time limit to facilitate conciliation before institution of proceedings).

• (3) Regulations under this section that provide for any of those provisions of that Act to apply in relation to such records may provide for section 49 of that Act (restrictions on contracting out) to apply, with or without modifications, in relation to the application of those provisions by the regulations.

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

Agency workers

Agency workers who are not otherwise “workers”

51

• (1) This section applies in any case where an individual (the “agency worker”)—

• (a) is supplied by a person (the “agent”) to do work for another (the “principal”) under a contract or other arrangements made between the agent and the principal,

• (b) is not, as respects that work, a worker, because of the absence of a worker’s contract between the individual and the agent or the principal, and

• (c) is not a party to a contract under which the individual undertakes to do the work for another party to the contract whose status is, by virtue of the contract, that of a client or customer of any profession or business undertaking carried on by the individual.

• (2) The provisions of this Chapter (other than this section) have effect as if there were a worker’s contract for the doing of the work by the agency worker made between the agency worker and—

• (a) whichever of the agent and the principal is responsible for paying the agency worker in respect of the work, or

• (b) if neither the agent nor the principal is so responsible, whichever of them pays the agency worker in respect of the work.

• (3) For the purposes of Part 2 of the Employment Rights Act 1996 (protection of wages), as it applies in relation to the entitlements conferred by sections 47(2) and 48(5)—

• (a) if at any time the agency worker and the person who, as a result of this section, is the person’s employer for the purposes of this Chapter would not (apart from this subsection) be regarded as the worker and the employer for the purposes of that Part, they are to be so regarded;

• (b) it is to be assumed that there was a worker’s contract between those persons at that time.

• (4) If there would (in the absence of this section) be no worker’s contract between the agency worker and the person who, as a result of this section, is the person’s employer for the purposes of this Chapter, for the purpose of enforcing any entitlement conferred by section 47(2) or (3) or 48(5) or (6) in civil proceedings on a claim in contract it is to be assumed that there is (or was) such a contract between those persons.

• (5) Any reference in this section to doing work includes a reference to performing services, and “work” is to be read accordingly.

Supplementary and general

Regulations under section 46 or 48: supplementary

52

• (1) Regulations under section 46 or 48 may make provision that has retrospective effect.

• (2) Regulations under section 46 or 48 may make provision by reference to—

• (a) an agreement submitted by a Negotiating Body to the appropriate authority, or

• (b) any other document.

• (3) If regulations under section 46 or 48 make provision by virtue of subsection (2), they must include provision about the publication of the agreement or other document.

Regulations under this Chapter

53

• (1) Regulations under this Chapter may confer a discretion on a person when dealing with any matter.

• (2) Regulations under section 46 are subject to the negative resolution procedure.

• (3) Regulations under any other provision of this Chapter are subject to the affirmative resolution procedure.

Status of agreements, etc

54

The Secretary of State may by regulations provide that—

• (a) nothing done by a Negotiating Body, or by members of a Negotiating Body acting in that capacity, is to be regarded as collective bargaining for the purposes of section 178 of the Trade Union and Labour Relations (Consolidation) Act 1992;

• (b) any reference to a collective agreement within the meaning of that Act does not include an agreement reached by a Negotiating Body.

Interpretation of this Chapter

55

• (1) In this Chapter—

• “the appropriate authority” has the meaning given by section 39(5);

• “contract of employment” means a contract of service or apprenticeship, whether express or implied, and (if it is express) whether oral or in writing;

• “employer”, in relation to a worker, means the person by whom the worker is (or, where the employment has ceased, was) employed;

• “employment” means employment under a worker’s contract; and “employed” is to be read accordingly;

• “enactment” means— an Act of Parliament, a Measure or Act of the National Assembly for Wales or an Act of Senedd Cymru, or an Act of the Scottish Parliament;

• “Negotiating Body” has the meaning given by section 39(5);

• “official”, in relation to a trade union, has the meaning given by section 119 of the Trade Union and Labour Relations (Consolidation) Act 1992;

• “social care worker” has the meaning given by section 42;

• “trade union” has the meaning given by section 1 of the Trade Union and Labour Relations (Consolidation) Act 1992;

• “worker” (except in the phrases “agency worker”, “relevant social care worker” and “social care worker”) means an individual who has entered into or works under (or, where the employment has ceased, worked under)— a contract of employment, or any other contract, whether express or implied and (if it is express) whether oral or in writing, whereby the individual undertakes to do or perform personally any work or services for another party to the contract whose status is not by virtue of the contract that of a client or customer of any profession or business undertaking carried on by the individual; and any reference to a worker’s contract is to be read accordingly.

• (2) Any reference in this Chapter to an agreement that has been ratified is, in a case where the agreement is ratified in part, a reference to so much of the agreement as has been ratified.

Chapter 3 — Seafarers

Seafarers’ wages and working conditions

56

Schedule 5 amends the Seafarers’ Wages Act 2023.

International agreements relating to maritime employment

57

• (1) The Merchant Shipping Act 1995 is amended as follows.

• (2) After section 84 insert—

(84A) (1) The Secretary of State may by regulations make such provision as the Secretary of State considers appropriate for the purpose of giving effect to— (a) the Maritime Labour Convention, adopted on 23 February 2006 by the International Labour Organisation, as it has effect from time to time; (b) the Work in Fishing Convention, adopted on 14 June 2007 by the International Labour Organisation, as it has effect from time to time. (2) The Secretary of State may by regulations make such provision as the Secretary of State considers appropriate for the purpose of giving effect to an international agreement that has been ratified by the United Kingdom, so far as the agreement relates to maritime employment. (3) The power in subsection (2) to give effect to an agreement so far as it relates to maritime employment includes power to give effect to any amendments of the agreement that relate to maritime employment. (4) For the purposes of this section, a provision relates to maritime employment if it relates to the terms and conditions of employment or engagement, or working conditions, of masters or seamen. (5) Section 84B makes further provision with respect to the regulations that may be made under this section. (84B) (1) In subsections (2) to (9) “regulations” means regulations under section 84A. (2) Regulations— (a) may make provision in terms of approvals given by the Secretary of State or another person and in terms of any document which the Secretary of State or that other person considers relevant; (b) may provide for the cancellation of an approval given in pursuance of the regulations and for the alteration of the terms of such an approval; (c) must provide for any approval in pursuance of the regulations to be given in writing and to specify the date on which it takes effect and the conditions (if any) on which it is given. (3) Regulations may make provision for— (a) the granting by the Secretary of State or another person of exemptions from specified provisions of the regulations for classes of case or individual cases, on such terms (if any) as the Secretary of State or that other person may specify, and (b) for the alteration or cancellation of such exemptions. (4) Regulations may make provision in respect of the checking or monitoring of compliance with any provision of the regulations, including (among other things) provision for— (a) the making and keeping of records and the keeping of documents; (b) the issue of certificates; (c) the furnishing of information. (5) Regulations may— (a) provide for the detention of a ship in respect of which a contravention of the regulations is suspected to have occurred; (b) apply section 284 with or without modifications in relation to such detentions. (6) Regulations may provide for the contravention of any provision of the regulations to be a criminal offence, but may not provide— (a) for an offence under the regulations to be punishable on summary conviction with imprisonment; (b) in relation to Scotland or Northern Ireland— (i) for an offence under the regulations that is triable only summarily to be punishable by a fine exceeding level 5 on the standard scale; (ii) for an offence under the regulations that is triable summarily or on indictment to be punishable on summary conviction by a fine exceeding the statutory maximum; (c) for an offence under the regulations to be punishable on conviction on indictment with imprisonment for a term exceeding two years. (7) Regulations may provide that, in specified cases, specified persons each commit an offence created by regulations in reliance on subsection (6). (8) Regulations may— (a) make different provision for different purposes; (b) provide for references in the regulations to any specified document to operate as references to that document as revised or re-issued from time to time; (c) provide for the delegation of functions exercisable by virtue of the regulations. (9) The power to make regulations includes power to make consequential, supplementary, incidental or transitional provision. (10) The powers conferred by section 84A to make provision for the purpose of giving effect to an agreement or an amendment of an agreement include power to provide for the provision to come into force although the agreement or amendment has not come into force. (11) But regulations under section 84A may not provide for provision made for the purpose of giving effect to an agreement, or an amendment of an agreement, to come into force— (a) before the United Kingdom has ratified the agreement, or (b) in a case where— (i) the provision is for the purpose of giving effect to an amendment of an agreement, and (ii) the United Kingdom would not be required to give effect to the amendment until it had been ratified by the United Kingdom, before the United Kingdom has ratified the amendment. (12) Nothing in subsections (2) to (10) of this section is to be construed as restricting the generality of the powers conferred by section 84A. (13) A statutory instrument which contains (whether alone or with other provision) regulations under section 84A(2) may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament.

• (3) In section 306 (regulations etc), in subsection (2A)(a), after “section” insert “84A(2),”.

Part 4 — Trade unions and industrial action, etc

Right to statement of trade union rights

Right to statement of trade union rights

58

• (1) The Trade Union and Labour Relations (Consolidation) Act 1992 is amended in accordance with subsections (2) to (6).

• (2) In Part 3 (rights in relation to trade union membership and activities), before section 137 (and the italic heading before it) insert—

(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.

• (3) In section 284 (exceptions for share fishermen)—

• (a) after “in the case of” insert “section 136A and”;

• (b) before “sections 137 to 143” insert—

• section 136A (right to statement of trade union rights),

.

• (4) In section 285 (exceptions for employment outside Great Britain)—

• (a) in subsection (1), before “sections 137 to 143” insert—

• section 136A (right to statement of trade union rights),

;

• (b) in subsection (1A), for “Sections 145A to 151” substitute “Section 136A, and sections 145A to 151,”.

• (5) In section 286 (power to provide for other exceptions), before “sections 145A to 151” insert “section 136A (right to statement of trade union rights) and”.

• (6) In section 296 (meaning of “worker”), in subsection (3), after “68(4),” insert “136A(5),”.

• (7) In section 38 of the Employment Act 2002 (failure to give statement of employment particulars etc)—

• (a) in subsection (2)(b), after “duty to the worker” insert “under section 136A of the Trade Union and Labour Relations (Consolidation) Act 1992 (duty to give a written statement of trade union rights),”;

• (b) in subsection (3)(b), after “duty to the worker” insert “under section 136A of the Trade Union and Labour Relations (Consolidation) Act 1992,”.

Right of trade unions to access workplaces

Right of trade unions to access workplaces

59

• (1) The Trade Union and Labour Relations (Consolidation) Act 1992 is amended in accordance with subsections (2) to (6).

• (2) In Part 1 (trade unions), before Chapter 5A insert—

(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. (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. (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. (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. (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). (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). (70ZN) Regulations prescribing anything for the purposes of this Chapter (see section 293(1)) may make different provision for different purposes.

• (3) In section 263 (proceedings of the Central Arbitration Committee)—

• (a) in subsection (4), omit “or, in Scotland, an oversman”;

• (b) after subsection (6) insert—

(6A) In relation to the discharge of the Committee’s functions under section 70ZE— (a) section 263ZA and subsection (6) apply, and (b) subsections (1) to (5) do not apply.

;

• (c) in subsection (7), before “Schedule A1” insert “section 70ZH or 70ZI or”;

• (d) after subsection (7) insert—

(8) The reference in subsection (7) to the Committee’s functions under Schedule A1 does not include a reference to its functions under paragraph 166 of that Schedule.

• (4) After section 263 insert—

(263ZA) (1) For the purpose of discharging its functions under section 70ZE in any particular case, the Central Arbitration Committee is to consist of— (a) one member of the Committee, or (b) a panel of three members of the Committee, as the chairman of the Committee may direct. (2) In deciding what direction to make under subsection (1), the chairman of the Committee must have regard to the complexity of the case, with a view to directing that the Committee is to consist of one member only in cases which the chairman considers are less complex. (3) For those purposes, the chairman must in particular— (a) consider whether any terms proposed as terms on which officials of a qualifying trade union are to have access are prescribed under section 70ZF(3), and (b) consider whether, if any of those terms are so prescribed, that fact reduces the complexity of the case, having regard to any other terms so proposed. (4) In subsection (3), “qualifying trade union” and “access” have the same meaning as in Chapter 5ZA of Part 1 (see section 70ZA). (5) The chairman of the Committee may amend a direction under subsection (1) at any time. (6) If a direction under subsection (1) is amended— (a) the amendment does not affect anything done by the Committee before the amendment; (b) anything done by the Committee before the amendment is to be treated as having been done by the Committee as it is constituted after the amendment. (7) If the Committee consists of one member of the Committee— (a) the member is to be appointed by the chairman of the Committee; (b) the member is not required to be the chairman or a deputy chairman of the Committee; (c) the member may at the member’s discretion sit in private where it appears expedient to do so. (8) If the Committee consists of a panel of three members of the Committee— (a) the panel is to be appointed by the chairman of the Committee; (b) the panel is to consist of the following members— (i) the chairman or a deputy chairman of the Committee; (ii) a member of the Committee whose experience is as a representative of employers; (iii) a member of the Committee whose experience is as a representative of workers; (c) the panel is to be chaired by the chairman or the deputy chairman of the Committee; (d) the panel may at the discretion of its chairman sit in private where it appears expedient to do so. (9) If— (a) a panel cannot reach a unanimous decision on a question arising before it, and (b) a majority of the panel have the same opinion, the question is to be decided according to that opinion. (10) If— (a) a panel cannot reach a unanimous decision on a question arising before it, and (b) a majority of the panel do not have the same opinion, the chairman of the panel may decide the question acting with the full powers of an umpire. (11) Subject to the provisions of this section, the Committee may determine its own procedure.

• (5) In section 263A (proceedings of the Central Arbitration Committee under Schedule A1)—

• (a) for the heading substitute “Proceedings of the Committee: other special cases”;

• (b) in subsection (1), for “under Schedule A1” substitute “in relation to which this section applies (see section 263(7))”;

• (c) in subsection (6), omit “or, in Scotland, an oversman”;

• (d) omit subsection (8).

• (6) In section 264 (awards of the Central Arbitration Committee)—

• (a) in the heading, after “Awards” insert “etc”;

• (b) in subsection (1), after “award,” insert “in any determination, declaration, order or other decision of the Committee under Chapter 5ZA of Part 1,”;

• (c) after subsection (2) insert—

(2A) Subsection (2) does not apply in relation to Chapter 5ZA of Part 1.

• (7) In Schedule 1 to the Employment Relations Act 2004 (minor and consequential amendments), omit paragraph 15.

Trade union recognition

Trade union recognition

60

Schedule 6 amends Schedule A1 to the Trade Union and Labour Relations (Consolidation) Act 1992 (collective bargaining: recognition).

Trade union finances

Political funds: requirement to pass political resolution

61

In section 73 of the Trade Union and Labour Relations (Consolidation) Act 1992 (passing and effect of political resolution)—

• (a) omit subsection (3);

• (b) in subsection (4), for “before the end of that period” substitute “a political resolution (“the old resolution”) is in force and”.

Requirement to contribute to political fund

62

• (1) The Trade Union and Labour Relations (Consolidation) Act 1992 is amended in accordance with subsections (2) to (6).

• (2) In section 82 (rules as to political fund), in subsection (1)(ca)(i), for “opt to be” substitute “opt out of being”.

• (3) For sections 84 (contributions to political fund from members of a union) and 84A (information to members about contributing to political fund) substitute—