Employment Rights Act 2025

(4E) (1) In this Part, “seafarer” means a person who works on a ship providing a relevant service. (2) Regulations may specify conditions relating to the working pattern and rest requirements of seafarers who carry out work relating to the provision of a relevant service, including conditions about— (a) their maximum periods of work in a specified period; (b) their minimum periods of rest in a specified period. (3) Regulations may make provision for the purpose of managing and mitigating risks arising from fatigue suffered by seafarers when carrying out their work relating to the provision of a relevant service. (4) Regulations under subsection (3) may, among other things— (a) require the operator of a relevant service to produce a plan to manage and mitigate risks arising from fatigue suffered by seafarers when carrying out their work relating to the provision of the service (a “fatigue management plan”); (b) make provision about the contents of such a plan by reference to a specified document as amended from time to time. (5) Regulations may make provision for and in connection with the training of seafarers who carry out work relating to the provision of a relevant service, for the purpose of ensuring— (a) the safety of the ship on which they work, (b) the safety of things on the ship, or (c) the health or safety of persons on the ship. (6) In this Act, regulations under subsection (2), (3) or (5) are referred to as “safe working regulations”. (7) Safe working regulations may impose requirements on the operator of a relevant service. (8) Safe working regulations may apply to— (a) all relevant services, or (b) one or more relevant services of a specified description. (9) For the purposes of subsection (8)(b), a service may be described by reference to (among other things) the route operated by the service. (4F) (1) Subsection (2) applies where a harbour authority has reasonable grounds to believe that ships providing a service to which safe working regulations apply will enter, or have entered, its harbour on at least— (a) 120 occasions, or (b) if safe working regulations specify a higher number in relation to services of a specified description and the service is of that description, that higher number of occasions, during a relevant year (see section 19 for the meaning of “relevant year”). (2) The harbour authority must, within such period as is determined by regulations under this subsection, request that the operator of the service provide the authority with a safe working declaration in respect of the service for the relevant year. (3) The duty under subsection (2) is subject to any direction given by the Secretary of State under section 16(1)(a). (4) A harbour authority which fails to comply with subsection (2) is guilty of an offence and liable on summary conviction— (a) in England and Wales, to a fine, or (b) in Scotland and Northern Ireland, to a fine not exceeding level 5 on the standard scale. (4G) (1) A safe working declaration in respect of a service for a relevant year is a declaration within any of subsections (2) to (5). (2) A declaration is within this subsection if it is provided before the beginning of the relevant year and it is to the effect that the safe working conditions will be met in relation to the service in the relevant year. (3) A declaration is within this subsection if it is provided during the relevant year and it is to the effect that the safe working conditions will be met in relation to the service in what remains of the relevant year. (4) A declaration is within this subsection if it is provided during the relevant year and it is to the effect that— (a) the safe working conditions have been met in relation to the service in so much of the relevant year as has already occurred, and (b) the safe working conditions will be met in relation to the service in what remains of the relevant year. (5) A declaration is within this subsection if it is provided after the end of the relevant year and it is to the effect that the safe working conditions were met in relation to the service in the relevant year. (6) For the purposes of this section the safe working conditions are met in relation to a service at a particular time if at that time— (a) the service is operated in compliance with regulations under section 4E(2) or (3) that apply to the service, (b) the service is operated in compliance with a fatigue management plan that is required for the service by regulations under section 4E(3) (see section 4E(4)), and (c) the service is operated in compliance with regulations under section 4E(5) that apply to the service. (7) References in subsection (6) to the operation of a service include references to its operation outside the territorial waters of the United Kingdom.

Part 4 of the Act: enforcement of Parts 2 and 3

11

After section 4G (inserted by paragraph 10 of this Schedule) insert—

.

12

In section 5 (offence of operating service inconsistently with declaration)—

• (a) in subsection (1)—

• (i) for “service to which this Act applies” substitute “relevant service”;

• (ii) in paragraph (a), for “an equivalence declaration” substitute “a declaration”;

• (b) in subsections (2), (3) and (4), omit “equivalence”.

13

• (1) Section 6 (imposition of surcharges: failure to provide declaration in time) is amended as follows.

• (2) In subsection (1)(a)—

• (a) for “service to which this Act applies” substitute “relevant service”;

• (b) for “an equivalence declaration” substitute “a declaration”.

• (3) In subsection (1)(b), for “an equivalence declaration” substitute “the requested declaration”.

• (4) In subsection (2)(b)(ii), for “an equivalence declaration” substitute “the requested declaration”.

• (5) In subsection (3)(b)(ii), for “an equivalence declaration” substitute “the requested declaration”.

• (6) In subsection (5)(a), for “an equivalence declaration” substitute “the requested declaration”.

• (7) In subsection (5)(b), for “section 4(4) or (5).” substitute

— (i) section 4(4) or (5), (ii) section 4C(4) or (5), or (iii) section 4G(4) or (5), (whichever applies).

• (8) In subsection (6)—

• (a) for “an equivalence declaration” substitute “a declaration”;

• (b) in the definition of “prescribed period”, for “3(5)(a)” substitute “16A(1)(a)”;

• (c) in the definition of “prescribed form and manner”, for “3(5)(b) and (c)” substitute “16A(1)(b) and (c)”.

14

In section 7 (imposition of surcharges: in-year declaration that is prospective only), in subsection (1)—

• (a) in paragraph (a)—

• (i) for “service to which this Act applies” substitute “relevant service”;

• (ii) for “an equivalence declaration” substitute “a declaration”;

• (b) in paragraph (b), for “3(5)” substitute “16A(1)”;

• (c) in paragraph (c), for the words from “within subsection (3)” to the end substitute

— (i) within subsection (3) of section 4 (and not also within subsection (4) of that section), (ii) within subsection (3) of section 4C (and not also within subsection (4) of that section), or (iii) within subsection (3) of section 4G (and not also within subsection (4) of that section), (whichever applies).

15

• (1) Section 8 (imposition of surcharges: operating inconsistently with declaration) is amended as follows.

• (2) In subsection (1)(a)—

• (a) for “service to which this Act applies” substitute “relevant service”;

• (b) for “an equivalence declaration” substitute “a declaration”.

• (3) In subsection (3), after “equivalence declaration” insert “, remuneration declaration or safe working declaration (as the case may be)”.

• (4) In subsection (4)(a)—

• (a) for “service to which this Act applies” substitute “relevant service”;

• (b) for “an equivalence declaration” substitute “a declaration”.

• (5) In subsection (6), after “equivalence declaration” insert “, remuneration declaration or safe working declaration (as the case may be)”.

16

In section 11 (refusal of harbour access for failure to pay surcharge), in subsection (1), for “service to which this Act applies” substitute “relevant service”.

17

• (1) Section 12 (provision of information by operators) is amended as follows.

• (2) In subsection (1)—

• (a) for “service to which this Act applies” substitute “relevant service”;

• (b) in paragraphs (a) and (b), for “an equivalence declaration” substitute “a declaration”.

• (3) In subsection (2)—

• (a) in paragraph (b), at the beginning insert “for the purposes of Part 2,”;

• (b) after paragraph (b) insert—

(c) for the purposes of Part 3— (i) information relating to the working pattern, working conditions or training of persons working on ships providing the service; (ii) a fatigue management plan produced by the operator of the service (see section 4E(4)(a)).

• (4) In subsection (5), for “service to which this Act applies” substitute “relevant service”.

18

In section 13 (provision of information by harbour authorities), in subsection (2)(b), omit “equivalence”.

19

In section 14 (inspections), in subsection (2)—

• (a) in paragraph (a), for “service to which this Act applies” substitute “relevant service”;

• (b) in paragraphs (a) and (b), for “an equivalence declaration” substitute “a declaration”.

Part 5 of the Act: general and final provisions

20

After section 15 insert—

.

21

After section 16 insert—

(16A) (1) Regulations may make provision— (a) as to the period within which declarations are to be provided; (b) as to the wording of declarations and the form in which they are to be provided; (c) as to the manner in which declarations are to be provided. (2) Regulations under subsection (1)(b) may specify a single form combining different kinds of declarations (but a requirement to provide a declaration in such a form does not require an operator of a service to provide a declaration which a harbour authority has not requested the operator to provide).

22

In section 17 (regulations)—

• (a) in the heading, at the end insert “: general”;

• (b) in subsection (2)(a), for sub-paragraph (i) (but not the “or” after it) substitute—

(i) relevant service,

.

23

• (1) Section 19 (general interpretation) is amended as follows.

• (2) After the definition of “the data protection legislation” insert—

• “declaration” (without more) means— an equivalence declaration, a remuneration declaration, or a safe working declaration;

.

• (3) Omit the definition of “national minimum wage equivalent”.

• (4) In the definition of “operator”, for “service to which this Act applies” substitute “relevant service”.

• (5) After the definition of “operator” insert—

• “relevant service” has the meaning given by section 1;

.

• (6) In the definition of “relevant year”, for “has the meaning given by section 3(6);” substitute

means— 1. the period of 12 months beginning with a date specified in regulations, and 2. each successive period of 12 months;

.

• (7) After the definition of “relevant year” insert—

• “remuneration declaration” has the meaning given by section 4C(1);
• “remuneration regulations” has the meaning given by section 4A(2);
• “safe working declaration” has the meaning given by section 4G(1);
• “safe working regulations” has the meaning given by section 4E(6);

.

• (8) In the definition of “UK work”, for “has the meaning given by section 4(10)” substitute “means work which is carried out in the United Kingdom or its territorial waters”.

Amendment of title of the Act

24

• (1) The Seafarers’ Wages Act 2023 may be cited as the Seafarers (Wages and Working Conditions) Act 2023.

• (2) For the words “Seafarers’ Wages Act 2023” wherever they occur in any enactment substitute “Seafarers (Wages and Working Conditions) Act 2023”.

Schedule 6

Part 1 — Introduction

1

Schedule A1 to the Trade Union and Labour Relations (Consolidation) Act 1992 is amended in accordance with Parts 2 to 5 of this Schedule.

2

Part 6 of this Schedule contains consequential amendments to the Employment Relations Act 2004.

Part 2 — Recognition

Meaning of “the application day”

3

In paragraph 2 (interpretation of Part 1 of Schedule A1), after sub-paragraph (5) insert—

(6) In relation to an application under paragraph 11 or 12, a reference to the application day is to the day on which the CAC receives the application.

Acceptance of applications

4

After paragraph 13 insert—

(13A) (1) This paragraph applies if— (a) the CAC has received an application under paragraph 11 or 12, and (b) it has given notice to the employer under paragraph 13 of receipt of the application. (2) The employer must comply with the following duties (so far as it is reasonable to expect the employer to do so). (3) The duties are— (a) to give to the CAC, within the relevant period, the specified information in relation to each of the relevant workers; (b) if the relevant workers change as a result of an appropriate bargaining unit being agreed by the parties or decided by the CAC, to give to the CAC, within the relevant period, the specified information in relation to each of those who are now the relevant workers; (c) to take reasonable steps to ensure that the information given to the CAC under paragraph (a) or (b) does not include any information relating to an individual who is not a relevant worker; (d) to inform the CAC, as soon as reasonably practicable, of any worker in relation to whom information has been given to the CAC under paragraph (a) or (b) and who ceases to be a relevant worker (otherwise than by reason of a change mentioned in paragraph (b)). (4) The relevant period is— (a) in the case of the duty in sub-paragraph (3)(a)— (i) the period of 5 working days starting with the day after that on which notice was given to the employer of receipt of the application, or (ii) such longer period (so starting) as the CAC may specify to the parties by notice containing reasons for the extension; (b) in the case of the duty in sub-paragraph (3)(b)— (i) the period of 5 working days starting with the day after that on which the bargaining unit is agreed or the CAC’s decision is notified to the employer, or (ii) such longer period (so starting) as the CAC may specify to the parties by notice containing reasons for the extension. (5) The specified information, in relation to a relevant worker, is— (a) the worker’s name; (b) the worker’s date of birth; (c) the category of worker to which the relevant worker belongs. (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, but excluding any worker who joined the bargaining unit after the application day. (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, excluding any worker who joined the bargaining unit after the application day. (13B) (1) Sub-paragraph (2) applies if— (a) the CAC is satisfied that the employer has failed to fulfil a duty mentioned in paragraph 13A(3), and (b) the application under paragraph 11 or 12 is in progress. (2) The CAC may order the employer— (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; and in this paragraph a “remedial order” means an order under this sub-paragraph. (3) If— (a) the CAC is satisfied that the employer has failed to comply with a remedial order, and (b) the application under paragraph 11 or 12 is in progress, the CAC must, as soon as reasonably practicable, notify the employer and the union (or unions) that it is satisfied that the employer has failed to comply. (4) A remedial order and a notice under sub-paragraph (3) must draw the recipient’s attention to the effect of sub-paragraphs (5) and (6). (5) Sub-paragraph (6) applies if— (a) the CAC is satisfied that the employer has failed to comply with a remedial order, (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. (6) The CAC may issue a declaration that the union is (or unions are) recognised as entitled to conduct collective bargaining on behalf of the workers constituting the bargaining unit. (7) For the purposes of this paragraph, 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 of a decision under paragraph 14(7) which precludes it from accepting the application; (c) the CAC giving notice under paragraph 15(4)(a) in relation to the application; (d) the CAC giving notice to the union (or unions) of a decision under paragraph 20 that the application is invalid; (e) 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; (f) the holding of any ballot arising from the application.

5

• (1) Paragraph 14 (acceptance of applications: multiple applications) is amended as follows.

• (2) After sub-paragraph (1) insert—

(1A) For the purposes of sub-paragraph (1)(b), any worker who joined any of the relevant bargaining units after the application day is to be disregarded.

• (3) In sub-paragraph (4), for “10 per cent test” substitute “required percentage test”.

• (4) In sub-paragraph (5)—

• (a) for “10 per cent test” substitute “required percentage test”;

• (b) for “at least 10 per cent” substitute “at least the required percentage (see paragraph 171B)”.

• (5) After sub-paragraph (5) insert—

(5A) For the purposes of sub-paragraph (5), any worker who joined the relevant bargaining unit after the application day is to be disregarded.

• (6) In sub-paragraph (7)—

• (a) in paragraph (a), for “10 per cent test” substitute “required percentage test”;

• (b) in paragraph (b), for “10 per cent test” substitute “required percentage test”.

• (7) In sub-paragraph (8), for “10 per cent test” substitute “required percentage test”.

Withdrawal of application

6

In paragraph 16 (withdrawal of application), in sub-paragraph (1)(a), for “19F(5)” substitute “13B(6), 19F(5), 19K(4) or (5), 19P(4) or (5)”.

Notice to cease consideration of application

7

In paragraph 17 (notice to cease consideration of application), in sub-paragraph (3)(a), for “19F(5)” substitute “13B(6), 19F(5), 19K(4) or (5), 19P(4) or (5)”.

Communication with workers through independent person after application

8

• (1) Paragraph 19C (appointment of independent person to handle communications between union and workers) is amended as follows.

• (2) After sub-paragraph (2) insert—

(2A) An application under sub-paragraph (2) is valid only if it is made before the end of 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 mentioned in sub-paragraph (1) is accepted.

• (3) In sub-paragraph (5)(c), for “19F(5)” substitute “13B(6), 19F(5), 19K(4) or (5), 19P(4) or (5)”.

• (4) In sub-paragraph (7), for “an application” substitute “a valid application”.

Access agreements

9

After paragraph 19F insert—

(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

10

After paragraph 19L (inserted by paragraph 9 of this Schedule) insert—

(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.

Powers of CAC on proceeding with application

11

• (1) Paragraph 22 (powers of CAC where majority of workers are members of union) is amended as follows.

• (2) In sub-paragraph (1)(a), for “19F(5)” substitute “13B(6), 19F(5), 19K(4) or (5) or 19P(4) or (5)”.

• (3) After sub-paragraph (1) insert—

(1A) For the purposes of sub-paragraph (1)(b), any worker who joined the bargaining unit after the application day is to be disregarded.

• (4) In sub-paragraph (3), after “bargaining unit” insert “, other than those who joined the bargaining unit after the application day,”.

• (5) After sub-paragraph (4) insert—

(4A) For the purposes of sub-paragraph (4)(b) and (c), evidence from or relating to a worker who joined the bargaining unit after the application day is to be disregarded.

12

• (1) Paragraph 23 (CAC to order ballot where majority of workers are not members of union) is amended as follows.

• (2) In sub-paragraph (1)(a), for “19F(5)” substitute “13B(6), 19F(5), 19K(4) or (5) or 19P(4) or (5)”.

• (3) After sub-paragraph (1) insert—

(1A) For the purposes of sub-paragraph (1)(b), any worker who joined the bargaining unit after the application day is to be disregarded.

• (4) In sub-paragraph (2), after “bargaining unit” insert “, other than those who joined the bargaining unit after the application day,”.

Ballots

13

• (1) Paragraph 24 (notice of holding of ballot) is amended as follows.

• (2) In sub-paragraph (1), after “paragraph” insert “19O(5),”.

• (3) In sub-paragraph (5)—

• (a) before paragraph (a) insert—

(za) in the case of notice given under paragraph 19O(5), the period of 5 working days starting with the day on which the union (or the last of the unions) receives that notice,

;

• (b) in paragraph (a)—

• (i) at the beginning insert “in the case of notice given under paragraph 22(3) or 23(2),”;

• (ii) for the words from “the CAC’s notice” to the end substitute “that notice”;

• (c) in paragraph (b), for “so starting” substitute “starting with the day mentioned in paragraph (za) or (a) (as the case may be)”.

• (4) In sub-paragraph (6)—

• (a) before paragraph (a) insert—

(za) in the case of notice given under paragraph 19O(5), the period of 5 working days starting with the day on which the union (or the last of the unions) receives that notice,

;

• (b) in paragraph (a)—

• (i) at the beginning insert “in the case of notice given under paragraph 22(3) or 23(2),”;

• (ii) for the words from “the CAC’s notice” to the end substitute “that notice”;

• (c) in paragraph (b), for “so starting” substitute “starting with the day mentioned in paragraph (za) or (a) (as the case may be)”.

14

In paragraph 25 (rules relating to ballot), after sub-paragraph (1) insert—

(1A) A worker who joined the bargaining unit after the application day is not eligible to vote in the ballot.

15

• (1) Paragraph 26 (duties of employer in relation to ballot) is amended as follows.

• (2) In sub-paragraph (1), omit “five”.

• (3) In sub-paragraph (2)—

• (a) for “The first duty is to” substitute “The employer must”;

• (b) for “the second and third duties are not” substitute “no other duty of the employer under this Part of this Schedule is”.

• (4) Omit sub-paragraph (3).

• (5) In sub-paragraph (4)—

• (a) in the words before paragraph (a), for “The third duty is to” substitute “The employer must”;

• (b) in paragraph (a)—

• (i) for “to give” substitute “give”;

• (ii) for “constituting the bargaining unit” substitute “eligible to vote in the ballot”;

• (c) omit paragraph (b);

• (d) in paragraph (c)—

• (i) for “to inform” substitute “inform”;

• (ii) omit “or (b)”.

• (6) After sub-paragraph (4) insert—

(4ZA) If the ballot is being held by virtue of paragraph 19O(5), the duty under sub-paragraph (4)(a) is limited to— (a) giving the CAC the names and home addresses of any workers eligible to vote in the ballot which have not previously been given to it in accordance with that duty; (b) informing the CAC of any change to the name or home address of a worker whose name and home address have previously been given to the CAC in accordance with that duty; (c) informing the CAC of any worker whose name had previously been given to it in accordance with that duty who has ceased to be within the bargaining unit.

• (7) Omit sub-paragraphs (4A) to (4E), (4G), (8) and (9).

16

After paragraph 27 insert—

(27ZA) (1) This paragraph applies if— (a) the union has (or unions have) been informed of a ballot under paragraph 25(9), and (b) the CAC issues a declaration under paragraph 19K. (2) If the ballot has not been held, the CAC must take steps to cancel it. (3) If the ballot is held, it is to have no effect. (27ZB) (1) This paragraph applies if— (a) the union has (or unions have) been informed of a ballot under paragraph 25(9), (b) a complaint is made under paragraph 19N, and (c) the ballot did not begin before the beginning of the decision period referred to in paragraph 19N(5). (2) The CAC may by notice to the parties and the qualified independent person postpone the date on which the ballot is to begin until a date which falls after the end of the decision period. (27ZC) (1) This paragraph applies if— (a) the union has (or unions have) been informed of a ballot under paragraph 25(9), (b) the CAC issues a declaration that a complaint under paragraph 19N is well-founded, and (c) the CAC— (i) gives a notice under paragraph 19O(5), or (ii) issues a declaration under paragraph 19P(4) or (5). (2) If the ballot has not been held, the CAC must take steps to cancel it. (3) If the ballot is held, it is to have no effect. (27ZD) (1) This paragraph applies if— (a) the CAC gives a notice under paragraph 19O(5), and (b) the CAC has previously made an order under paragraph 27(1) in relation to a cancelled or ineffective ballot in connection with the application to which the notice relates. (2) The order has effect, to the extent that the CAC specifies in a notice to the parties, as if it were made for the purposes of the ballot to which the notice under paragraph 19O(5) relates.

17

Omit paragraphs 27A to 27F (unfair practices during ballot).

18

• (1) Paragraph 28 (costs of ballot) is amended as follows.

• (2) After sub-paragraph (1) insert—

(1A) If the ballot is one to which a notice under paragraph 19O(5) relates, the gross costs of the ballot are to be borne by such of the parties and in such proportions as the CAC may determine.

• (3) In sub-paragraph (2), for “The gross costs” substitute “If the ballot is one to which a notice under paragraph 22(3) or 23(2) relates, the gross costs”.

• (4) In sub-paragraph (4), for “the employer and the union (or each of the unions)” substitute “the party or parties required to bear the costs”.

19

• (1) Paragraph 29 (result of ballot) is amended as follows.

• (2) For sub-paragraphs (1) and (1A) substitute—

(1) The CAC must act under this paragraph as soon as reasonably practicable after— (a) the CAC is informed of the result of a ballot by the person conducting it, and (b) the complaint period ends. (1ZA) The complaint period is the period of 5 working days starting with the day 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. (1A) The duty in sub-paragraph (1) does not apply— (a) if a complaint is made under paragraph 19N, on or before the day on which the CAC decides whether the complaint is well-founded; (b) if the CAC gives a notice under paragraph 19O(5).

• (3) For sub-paragraph (3) substitute—

(3) If the result is that the union is (or unions are) supported by a majority of the workers voting, the CAC must issue a declaration that the union is (or unions are) recognised as entitled to conduct collective bargaining on behalf of the bargaining unit.

• (4) Omit sub-paragraphs (5) to (7).

General provisions about admissibility of applications

20

• (1) Paragraph 35 (admissibility of applications: existing collective agreement) is amended as follows.

• (2) After sub-paragraph (1) insert—

(1A) For the purposes of sub-paragraph (1), any worker who joined the relevant bargaining unit after the application day is to be disregarded.

• (3) After sub-paragraph (5) insert—

(5A) In applying sub-paragraph (1) an agreement for recognition (the agreement in question) must be ignored if— (a) the union recognised under the agreement in question does not have (or none of the unions recognised under the agreement in question has) a certificate of independence, (b) the union (or unions) making the application under paragraph 11 or 12 made the application before the end of the period of reflection, and (c) the agreement in question was entered into during the restricted period. (5B) The period of reflection is the period of 20 working days starting with the first day after the end of— (a) the first period referred to in paragraph 10(6), in the case of an application under paragraph 11, or (b) the second period referred to in paragraph 10(7), in the case of an application under paragraph 12. (5C) The restricted period is the period— (a) starting with the day on which the employer receives a valid request for recognition under paragraph 4, and (b) ending with the day on which the CAC makes a decision under paragraph 15.

21

In paragraph 36 (admissibility of applications: minimum support), for sub-paragraph (1) substitute—

(1) An application under paragraph 11 or 12 is not admissible unless the CAC decides that members of the union (or unions) constitute at least the required percentage (see paragraph 171B) of the workers constituting the relevant bargaining unit. (1A) For the purposes of sub-paragraph (1), any worker who joined the relevant bargaining unit after the application day is to be disregarded.

22

• (1) Paragraph 38 (admissibility of applications: overlapping bargaining unit) is amended as follows.

• (2) In sub-paragraph (1)(d)—

• (a) for “19F(5),” substitute “13B(6), 19F(5), 19K(4) or (5), 19P(4) or (5),”;

• (b) omit “27D(3), 27D(4),”.

• (3) After sub-paragraph (2) insert—

(2A) For the purposes of sub-paragraph (2)(a), any worker who joined the relevant bargaining unit or the bargaining unit referred to in sub-paragraph (1) after the application day is to be disregarded.

23

In paragraph 39 (admissibility of applications: same bargaining unit), in sub-paragraph (5), after “40” insert “, 40A”.

24

In paragraph 40 (admissibility of applications: union not entitled to be recognised), in sub-paragraph (1)—

• (a) for “27D(4)” substitute “19K(5), 19P(5)”;

• (b) omit the words from “; and this is so” to the end.

25

After paragraph 40 insert—

(40A) (1) This paragraph applies if the CAC issues a declaration under paragraph 81E(5), 81J(5) or 29(4) (where it applies by virtue of paragraph 89(5)) that a union is (or unions are) not entitled to be recognised as entitled to conduct collective bargaining on behalf of a bargaining unit. (2) An application under paragraph 11 or 12 is not admissible if— (a) the application is made within the period of 3 years starting with the day after the day on which the declaration was issued, (b) the relevant bargaining unit is the same or substantially the same as the bargaining unit mentioned in sub-paragraph (1), and (c) the application is made by the union (or unions) which made the application leading to the declaration. (3) The relevant bargaining unit is— (a) the proposed bargaining unit, where the application is under paragraph 11(2) or 12(2); (b) the agreed bargaining unit, where the application is under paragraph 12(4).

26

In paragraph 41 (admissibility of applications: union required to cease bargaining arrangements), in sub-paragraph (1)—

• (a) for “119D(4), 119H(5)” substitute “116E(5), 116K(5)”;

• (b) for “the ballot concerned is arranged” substitute “the declaration is issued”.

General provisions about validity of applications

27

• (1) Paragraph 44 (validity of applications: existing collective agreement) is amended as follows.

• (2) After sub-paragraph (1) insert—

(1A) For the purposes of sub-paragraph (1), any worker who joined the relevant bargaining unit after the application day is to be disregarded.

• (3) After sub-paragraph (5) insert—

(6) In applying sub-paragraph (1) an agreement for recognition (the agreement in question) must be ignored if— (a) the union recognised under the agreement in question does not have (or none of the unions recognised under the agreement in question has) a certificate of independence, (b) the union (or unions) making the application under paragraph 11 or 12 made the application before the end of the period of reflection, and (c) the agreement in question was entered into during the restricted period. (7) The period of reflection is the period of 20 working days starting with the first day after the end of— (a) the first period referred to in paragraph 10(6), in the case of an application under paragraph 11, or (b) the second period referred to in paragraph 10(7), in the case of an application under paragraph 12. (8) The restricted period is the period— (a) starting with the day on which the employer receives a valid request for recognition under paragraph 4, and (b) ending with the day on which the CAC makes a decision under paragraph 20.

28

For paragraph 45 (validity of applications: minimum support) substitute—

(45) (1) The application in question is invalid unless the CAC decides that members of the union (or unions) constitute at least the required percentage (see paragraph 171B) of the workers constituting the relevant bargaining unit. (2) For the purposes of sub-paragraph (1), any worker who joined the relevant bargaining unit after the application day is to be disregarded.

29

• (1) Paragraph 46 (validity of applications: overlapping bargaining unit) is amended as follows.

• (2) In sub-paragraph (1)(d)—

• (a) for “19F(5),” substitute “13B(6), 19F(5), 19K(4) or (5), 19P(4) or (5),”;

• (b) omit “27D(3), 27D(4),”.

• (3) After sub-paragraph (2) insert—

(3) For the purposes of sub-paragraph (2)(a), any worker who joined the relevant bargaining unit or the bargaining unit referred to in sub-paragraph (1) after the application day is to be disregarded.

30

In paragraph 47 (validity of applications: same bargaining unit), in sub-paragraph (3), after “48” insert “, 48A”.

31

In paragraph 48 (validity of applications: union not entitled to be recognised), in sub-paragraph (1)—

• (a) for “27D(4)” substitute “19K(5), 19P(5)”;

• (b) omit the words from “; and this is so” to the end.

32

After paragraph 48 insert—

(48A) (1) This paragraph applies if the CAC issues a declaration under paragraph 81E(5), 81J(5) or 29(4) (where it applies by virtue of paragraph 89(5)) that a union is (or unions are) not entitled to be recognised as entitled to conduct collective bargaining on behalf of a bargaining unit. (2) The application in question is invalid if— (a) the application is made within the period of 3 years starting with the date of the declaration, (b) the relevant bargaining unit is the same or substantially the same as the bargaining unit mentioned in sub-paragraph (1), and (c) the application is made by the union (or unions) which made the application leading to the declaration.

33

In paragraph 49 (validity of applications: union required to cease bargaining arrangements), in sub-paragraph (1)—

• (a) for “119D(4), 119H(5)” substitute “116E(5), 116K(5)”;

• (b) for “the ballot concerned is arranged” substitute “the declaration is issued”.

Competing applications

34

In paragraph 51 (competing applications), in sub-paragraph (2)(c), for “10 per cent test” substitute “required percentage test”.

Voluntary recognition

35

In paragraph 52 (voluntary recognition), in sub-paragraph (3)(f), for “19F(5)” substitute “13B(6), 19F(5), 19K(4) or (5), 19P(4) or (5)”.

Part 3 — Changes affecting bargaining unit after recognition

Changes relevant to appropriateness of bargaining unit

36

• (1) Paragraph 67 (admissibility of applications: employer or union believes bargaining unit no longer appropriate) is amended as follows.

• (2) In sub-paragraph (2)(c), at the end insert “(but see sub-paragraph (3)).”

• (3) After sub-paragraph (2) insert—

(3) In a case where the application was received by the CAC before the end of the period of 3 years starting with the day on which the declaration referred to in paragraph 64(1)(a) was issued, the CAC must disregard the matter specified in sub-paragraph (2)(c).

37

• (1) Paragraph 70 (determination of bargaining unit by CAC) is amended as follows.

• (2) In sub-paragraph (3)(c), at the end insert “(but see sub-paragraph (3A)).”

• (3) After sub-paragraph (3) insert—

(3A) In a case where the application was received by the CAC before the end of the period of 3 years starting with the day on which the declaration referred to in paragraph 64(1)(a) was issued, the CAC may not take into account the matter specified in sub-paragraph (3)(c).

38

In paragraph 75 (questions for CAC to decide where employer believes bargaining unit has ceased to exist), in sub-paragraph (3)(c), at the end insert “(but see paragraph 77(4A)).”

39

In paragraph 77 (CAC’s decision as to appropriateness of bargaining unit, etc), after sub-paragraph (4) insert—

(4A) In a case where the copy of the notice given to the CAC by the employer under paragraph 74(1) was received by the CAC before the end of the period of 3 years starting with the day on which the declaration referred to in paragraph 64(1)(a) was issued, in deciding whether the original unit is no longer appropriate the CAC must disregard the matter specified in paragraph 75(3)(c).

Access agreements

40

After paragraph 81 insert—

(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).

Transnational Information and Consultation of Employees Regulations 1999

41

After paragraph 81F (inserted by paragraph 40 of this Schedule) insert—

(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.

Powers of CAC where CAC decides new unit appropriate

42

• (1) Paragraph 86 (new bargaining unit: assessment of support) is amended as follows.

• (2) For sub-paragraph (2) substitute—

(2) The CAC must decide whether members of the union (or unions) constitute at least the required percentage (see paragraph 171B) of the workers constituting the new unit.

• (3) In sub-paragraph (3), for “one or both of the questions in the negative” substitute “that members of the union (or unions) do not constitute at least the required percentage of the workers constituting the new unit”.

43

In paragraph 87 (powers of CAC where majority of workers are members of union), for sub-paragraph (1) substitute—

(1) This paragraph applies if, following a decision under paragraph 86(2), the CAC is satisfied that a majority of workers constituting the new unit are members of the union (or unions).

44

In paragraph 88 (powers of CAC where majority of workers are not members of union), for sub-paragraph (1) substitute—

(1) This paragraph applies if— (a) the CAC decides under paragraph 86(2) that members of the union (or unions) constitute at least the required percentage of the workers constituting the new unit, but (b) the CAC is not satisfied that a majority of workers constituting the new unit are members of the union (or unions).

45

• (1) Paragraph 89 (ballots) is amended as follows.

• (2) In sub-paragraph (4), at the end insert “, but as if paragraph 25(1A) were omitted.”

• (3) In sub-paragraph (5)—

• (a) omit the “and” at the end of paragraph (a);

• (b) after paragraph (a) insert—

(aa) references to provisions of paragraphs 19G to 19P were references to the corresponding provisions of paragraphs 81A to 81J, (ab) the duty in paragraph 26(4) included— (i) a duty to give to the CAC, as soon as is reasonably practicable, the name and home address of any worker who joins the bargaining unit after the employer has complied with paragraph 26(4)(a), and (ii) a duty to inform the CAC, as soon as is reasonably practicable, of any worker whose name has been given to the CAC under that duty and who ceases to be within the bargaining unit, and

;

• (c) in paragraph (b), for “26(4F) to (4H)” substitute “26(4F) and (4H)”.

• (4) In sub-paragraph (8), for “or 27D(3)” substitute “, 81E(4) or 81J(4)”.

• (5) In sub-paragraph (9), for “27D(4)” substitute “81E(5) or 81J(5)”.

Withdrawal of application

46

In paragraph 93 (withdrawal of application), in sub-paragraph (1)(a), for “or 78(3)” substitute “, 78(3), 81E(4) or (5) or 81J(4) or (5)”.

Part 4 — Derecognition

Access agreements

47

After paragraph 116 insert—

(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) 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

48

After paragraph 116G (inserted by paragraph 47 of this Schedule) insert—