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Employment Rights Act 2025

Type Public General Act

Publication 2025-12-18

Last updated 2026-04-07

State In force

Department Statute Law Database

Source legislation.gov.uk

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(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

;

(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—

(116H) (1) Each of the parties informed by the CAC under paragraph 111(5) or 115(5) that an application under paragraph 106, 107 or 112 is accepted must refrain from using any unfair practice in relation to the application. (2) A party uses an unfair practice if, with a view to influencing the outcome of the application, the party does any of the following— (a) dismisses, or threatens to dismiss, a worker; (b) takes, or threatens to take, disciplinary action against a worker; (c) subjects, or threatens to subject, a worker to any other detriment; (d) offers to pay money, or give money’s worth, to a relevant worker in return for the worker’s agreement to vote in a particular way, or to abstain from voting, in a relevant ballot; (e) makes an outcome-specific offer to a relevant worker; (f) coerces, or attempts to coerce, a relevant worker to disclose— (i) whether the worker intends to vote, or to abstain from voting, in any relevant ballot, or (ii) how the worker intends to vote, or has voted, in any relevant ballot; (g) uses, or attempts to use, undue influence on a relevant worker. (3) In sub-paragraph (2)— (a) “relevant ballot” means any ballot that is or may be held in which workers are asked whether the bargaining arrangements should be ended, and (b) “relevant worker” means any worker who is or would be entitled to vote in a relevant ballot. (4) For the purposes of sub-paragraph (2)(e) an “outcome-specific offer” is an offer to pay money, or give money’s worth, which— (a) is conditional on— (i) the issuing by the CAC of a declaration that the bargaining arrangements are to cease to have effect, or (ii) the refusal by the CAC of an application under paragraph 106, 107 or 112, and (b) is not conditional on anything which is done or occurs as a result of that declaration, or, as the case may be, of that refusal. (5) For the purposes of this paragraph and paragraphs 116I to 116K as they apply in relation to an application under paragraph 112, references to a party are to be read as including references to the worker or workers making the application. (6) The duty imposed by this paragraph does not confer any rights on a worker; but that does not affect any other right which a worker may have. (7) Each of the following powers is to be taken to include power to issue Codes of Practice about unfair practices for the purposes of this paragraph— (a) the power of ACAS under section 199(1); (b) the power of the Secretary of State under section 203(1)(a). (116I) (1) A party may complain to the CAC that another party has failed to comply with paragraph 116H. (2) A complaint under sub-paragraph (1) may not be made after— (a) in the case of an application under paragraph 106 or 107, the application is withdrawn; (b) in the case of an application under paragraph 112, an agreement or withdrawal as described in paragraph 116(1); (c) the CAC refuses the application under paragraph 116E(4)(a), 116K(4)(a) or (6) or 119(2); (d) the CAC notifies the union (or unions) of a declaration issued under paragraph 116E(5) or 116K(5) in relation to the application; (e) if the CAC informs the union (or unions) under paragraph 117(11) of a ballot, the fifth working day after— (i) the date of the ballot, or (ii) if votes may be cast in the ballot on more than one day, the last of those days. (3) Within the decision period the CAC must decide whether the complaint is well-founded. (4) A complaint is well-founded if the CAC finds that the party complained against used an unfair practice. (5) The decision period is— (a) the period of 10 working days starting with the day after the day on which the complaint under sub-paragraph (1) was received by the CAC, or (b) such longer period (so starting) as the CAC may specify to the parties by a notice containing reasons for the extension. (116J) (1) This paragraph applies if the CAC decides that a complaint under paragraph 116I is well-founded. (2) The CAC must, as soon as is reasonably practicable, issue a declaration to that effect. (3) The CAC may order the party concerned to take any action specified in the order within such period as may be so specified. (4) Sub-paragraph (5) applies if the CAC has at any time informed the union (or unions) under paragraph 117(11) of a ballot in relation to the application (including a ballot that was cancelled or is ineffective). (5) The CAC may make arrangements for the holding of a secret ballot in which the workers constituting the bargaining unit are asked whether the bargaining arrangements should be ended. (6) The CAC may make an order under sub-paragraph (3), or make arrangements under sub-paragraph (5), either at the same time as it issues the declaration under sub-paragraph (2) or at any other time before any of the following occurs— (a) in the case of an application under paragraph 106 or 107, the withdrawal of the application; (b) in the case of an application under paragraph 112, an agreement or withdrawal as described in paragraph 116(1); (c) the CAC refusing the application under paragraph 116E(4)(a), 116K(4)(a) or (6) or 119(2); (d) the CAC notifying the union (or unions) of a declaration issued under paragraph 116E(5) or 116K(5) in relation to the application; (e) if the CAC informs the union (or unions) under paragraph 117(11) of a ballot, the CAC acting under paragraph 121 in relation to the ballot. (7) The action specified in an order under sub-paragraph (3) must be such as the CAC considers reasonable in order to mitigate the effect of the failure of the party concerned to comply with the duty imposed by paragraph 116H. (8) The CAC may make more than one order under sub-paragraph (3). (116K) (1) Sub-paragraphs (4) to (7) apply if— (a) the CAC issues a declaration under paragraph 116J(2) that a complaint that a party has failed to comply with paragraph 116H is well-founded, (b) the application under paragraph 106, 107 or 112 has not been withdrawn or, in the case of an application under paragraph 112, there has been no agreement as described in paragraph 116(1), (c) the CAC has not refused the application under paragraph 116E(4)(a), 116K(4)(a) or (6) or 119(2), (d) the CAC has not notified the union (or unions) of a declaration issued under paragraph 116E(5) or 116K(5) in relation to the application, and (e) sub-paragraph (2) or (3) applies. (2) This sub-paragraph applies if the declaration states that the unfair practice used consisted of or included— (a) the use of violence, or (b) the dismissal of a union official. (3) This sub-paragraph applies if the CAC has made an order under paragraph 116J(3) and— (a) it is satisfied that the party subject to the order has failed to comply with it, or (b) it makes another declaration under paragraph 116J(2) in relation to a complaint against that party. (4) If the party that has failed to comply is the employer, the CAC may— (a) refuse the employer’s application under paragraph 106 or 107; (b) order the employer to refrain from any campaigning in relation to an application under paragraph 112. (5) If the party that has failed to comply is a union, the CAC may issue a declaration that the bargaining arrangements are to cease to have effect on a date specified by the CAC in the declaration; and the bargaining arrangements cease to have effect accordingly. (6) If the party that has failed to comply is the worker making an application under paragraph 112 (or any of the workers making an application under paragraph 112), the CAC may refuse the application. (7) The powers conferred by this paragraph are in addition to those conferred by paragraph 116J. (116L) (1) This paragraph applies if the CAC has made an order against the employer under paragraph 116J(3) or 116K(4)(b) in relation to an application under paragraph 112. (2) The worker making the application (or each of the workers making the application) and the union (or each of the unions) are entitled to enforce obedience to the order. (3) The order may be enforced— (a) in England and Wales, in the same way as an order of the county court; (b) in Scotland, in the same way as an order of the sheriff.

Ballots

49

(1) Paragraph 117 (ballots: general) is amended as follows.

(2) In sub-paragraph (1), for “This paragraph” substitute “Sub-paragraph (3)”.

(3) In sub-paragraph (2), for “This paragraph” substitute “Sub-paragraph (3)”.

(4) In sub-paragraph (4), for “The ballot” substitute “A ballot arranged under sub-paragraph (3), or under paragraph 116J(5),”.

50

(1) Paragraph 118 (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), for “to give” substitute “give”;

(d) in paragraph (c), for “to inform” substitute “inform”.

(6) After sub-paragraph (4) insert—

(4ZA) If the ballot is arranged under paragraph 116J(5), the duty under sub-paragraph (4)(a) is limited to— (a) giving the CAC the names and home addresses of any workers in the bargaining unit which have not previously been given to it in accordance with that duty; (b) giving the CAC the names and home addresses of those workers who have joined the bargaining unit since the employer last gave the CAC information in accordance with that duty; (c) 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; (d) 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), (8) and (9).

51

In paragraph 119 (breach of paragraph 118), after sub-paragraph (4) insert—

(5) If— (a) the ballot has been arranged in consequence of an application under paragraph 112, (b) the CAC has made an order against the employer under sub-paragraph (1), and (c) the ballot has not been held, 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. (6) 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.

52

After paragraph 119 insert—

(119ZA) (1) This paragraph applies if— (a) the union has (or unions have) been informed of a ballot under paragraph 117(11), and (b) the CAC refuses an application or issues a declaration under paragraph 116E. (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. (119ZB) (1) This paragraph applies if— (a) the union has (or unions have) been informed of a ballot under paragraph 117(11), (b) a complaint is made under paragraph 116I, and (c) the ballot did not begin before the beginning of the decision period referred to in paragraph 116I(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. (3) In relation to an application under paragraph 112, “the parties” includes the worker or workers making the application. (119ZC) (1) This paragraph applies if— (a) the union has (or unions have) been informed of a ballot under paragraph 117(11), (b) the CAC issues a declaration that a complaint under paragraph 116I is well-founded, and (c) the CAC— (i) makes arrangements under paragraph 116J(5), (ii) refuses under paragraph 116K(4)(a) or (6) an application under paragraph 106, 107 or 112, or (iii) issues a declaration under paragraph 116K(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. (119ZD) (1) This paragraph applies if— (a) the CAC makes arrangements under paragraph 116J(5), and (b) the CAC has previously given an order under paragraph 119(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 for which arrangements are made under paragraph 116J(5). (3) In relation to an application under paragraph 112, “the parties” includes the worker or workers making the application.

53

Omit paragraphs 119A to 119I (unfair practices during ballot).

54

(1) Paragraph 120 (costs of ballot) is amended as follows.

(2) In sub-paragraph (1), after “paragraph” insert “116J(5) or”.

(3) After sub-paragraph (1) insert—

(1A) If the holding of the ballot is arranged under paragraph 116J(5), the gross costs of the ballot are to be borne by such of the parties and in such proportions as the CAC may determine. (1B) In relation to an application under paragraph 112, “the parties” includes the worker or workers making the application.

(4) In sub-paragraph (2), for “The gross costs” substitute “If the holding of the ballot is arranged under paragraph 117(3), the gross costs”.

(5) 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”.

55

In paragraph 121 (result of ballot), 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 116I, on or before the day on which the CAC decides whether the complaint is well-founded; (b) if the CAC makes arrangements under paragraph 116J(5).

Derecognition where recognition automatic

56

In paragraph 122 (derecognition where recognition automatic on agreed terms), in sub-paragraph (1)(a)—

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

(b) for “, 27(2) or 27D(3)” substitute “or 27(2)”.

57

In paragraph 123 (derecognition where recognition automatic on specified terms), in sub-paragraph (1)(a)—

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

(b) for “, 27(2) or 27D(3)” substitute “or 27(2)”.

58

In paragraph 124 (derecognition where recognition automatic following changes to bargaining unit), in sub-paragraph (1), after “paragraph” insert “81E(4), 81J(4) or”.

59

After paragraph 132 insert—

(132A) Paragraphs 116A to 116E apply if the CAC accepts an application under paragraph 128 (as well as in the cases mentioned in paragraph 116A(1)), as if— (a) the references in paragraphs 116A(1) and (4), 116B(1)(a), 116C(1)(a), 116D(1)(b) and 116E(1)(b) and (3)(b) to paragraph 106, 107 or 112 were to paragraph 106, 107, 112 or 128; (b) the references in paragraphs 116A(3) and 116B(3)(a) to paragraph 111(5) or 115(5) were to paragraph 111(5), 115(5) or 132(5); (c) the references in paragraphs 116A(4)(a) and 116E(4)(a) to paragraph 106 or 107 were to paragraph 106, 107 or 128.

60

After paragraph 132A (inserted by paragraph 59 of this Schedule) insert—

(132B) Paragraphs 116H to 116K apply if the CAC accepts an application under paragraph 128 (as well as in the cases mentioned in paragraph 116H), as if— (a) the references in paragraphs 116H(1) and (4)(a)(ii) and 116K(1)(b) to paragraph 106, 107 or 112 were to paragraph 106, 107, 112 or 128; (b) the reference in paragraph 116H(1) to paragraph 111(5) or 115(5) were to paragraph 111(5), 115(5) or 132(5); (c) the references in paragraphs 116I(2)(a), 116J(6)(a) and 116K(4)(a) to paragraph 106 or 107 were to paragraph 106, 107 or 128.

61

(1) Paragraph 133 (ballot on derecognition) is amended as follows.

(2) In sub-paragraph (1), for “and (2)” substitute “, (2) and (4)”.

(3) In sub-paragraph (2)—

(a) in paragraph (a), for “references in paragraphs 119(2)(a) and 119D(3)” substitute “reference in paragraph 119(2)(a)”;

(b) in paragraph (b), for “119A(3)(a)(ii), 119E(1)(b)” substitute “119ZC(1)(c)(ii)”.

Derecognition where union not independent

62

After paragraph 146 insert—

(146A) Paragraphs 116A to 116F apply if the CAC accepts an application under paragraph 137 (as well as in the cases mentioned in paragraph 116A(1)), as if— (a) the references in paragraphs 116A(1) and (4), 116B(1)(a), 116C(1)(a), 116D(1)(b) and 116E(1)(b) and (3)(b) to paragraph 106, 107 or 112 were to paragraph 106, 107, 112 or 137; (b) the references in paragraphs 116A(4)(b), 116E(4)(b) and 116F(1) to paragraph 112 were to paragraph 112 or 137; (c) the references in paragraphs 116A(3) and 116B(3)(a) to paragraph 111(5) or 115(5) were to paragraph 111(5), 115(5) or 141(5); (d) the reference in paragraph 116A(4)(b) to paragraph 116(1) were to paragraph 116(1), 142(1) or 145(3).

63

After paragraph 146A (inserted by paragraph 62 of this Schedule) insert—

(146B) Paragraphs 116H to 116L apply if the CAC accepts an application under paragraph 137 (as well as in the cases mentioned in paragraph 116H), as if— (a) the references in paragraphs 116H(1) and (4)(a)(ii) and 116K(1)(b) to paragraph 106, 107 or 112 were to paragraph 106, 107, 112 or 137; (b) the reference in paragraph 116H(1) to paragraph 111(5) or 115(5) were to paragraph 111(5), 115(5) or 141(5); (c) the references in paragraphs 116H(5), 116I(2)(b), 116J(6)(b), 116K(1)(b), (4)(b) and (6) and 116L(1) to paragraph 112 were to paragraph 112 or 137; (d) the references in paragraphs 116I(2)(b) and 116J(6)(b) to paragraph 116(1) were to paragraph 116(1), 142(1) or 145(3).

64

(1) Paragraph 147 (ballot on derecognition) is amended as follows.

(2) In sub-paragraph (1), for “and (2)” substitute “, (2) and (4)”.

(3) In sub-paragraph (2)—

(a) in paragraph (a), for “references in paragraphs 119H(1) and 119I(1)(a)” substitute “reference in paragraph 119(5)(a)”;

(b) in paragraph (b), for “119A(3)(a)(ii), 119E(1)(b)” substitute “119ZC(1)(c)(ii)”;

(d) the reference in paragraph 119ZA(1)(b) to the CAC refusing an application included a reference to it being required to give notice under paragraph 146(5).

Part 5 — Meaning of “the required percentage”

65

After paragraph 171A insert—

(171B) (1) In this Schedule, “the required percentage” means 10%. (2) The Secretary of State may by regulations amend this paragraph so that the required percentage is a percentage— (a) not greater than 10%, and (b) not less than 2%. (3) Regulations under sub-paragraph (2)— (a) are to be made by statutory instrument; (b) may include supplementary, incidental, saving or transitional provision, including provision amending this Schedule; (c) may make different provision for different cases. (4) A statutory instrument containing regulations under sub-paragraph (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.

Part 6 — Consequential amendments

66

(1) The Employment Relations Act 2004 is amended as follows.

(2) In section 9—

(a) omit subsections (1) to (4);

(b) in subsection (5), for “that Schedule” substitute “Schedule A1 to the 1992 Act”;

(3) Omit section 10.

(4) Omit section 13.

(5) In paragraph 23 of Schedule 1—

(a) in sub-paragraph (10), omit paragraph (b) (and the “and” before it);

(b) in sub-paragraph (11), omit paragraph (b) (and the “and” before it);

(d) in sub-paragraph (14), omit paragraph (b) (and the “and” before it);

(e) omit sub-paragraph (19);

(f) in sub-paragraph (26), omit paragraph (a) (and the “and” after it);

(g) in sub-paragraph (27), omit paragraph (a) (and the “and” after it).

Schedule 7

Part 1 — Relevant labour market legislation

Employment Agencies Act 1973

1

The Employment Agencies Act 1973 (employment agencies and employment businesses).

2

Regulations under section 5 of that Act (conduct of employment agencies and businesses).

3

Section 151(1) of the Social Security Contributions and Benefits Act 1992 (employer’s liability to pay statutory sick pay).

4

Regulations under section 153(5)(b) of that Act (requirement to provide statement about entitlement).

5

Regulations under section 5 of the Social Security Administration Act 1992 (regulations about claims for and payments of benefit), so far as relating to statutory sick pay.

6

Section 14(3) of that Act (duty of employers to provide certain information to employees in relation to statutory sick pay).

7

Regulations under section 130 of that Act (duties of employers), so far as relating to statutory sick pay.

8

Section 147(1) of the Social Security Contributions and Benefits (Northern Ireland) Act 1992 (employer’s liability to pay statutory sick pay).

9

Regulations under section 149(5)(b) of that Act (requirement to provide statement about entitlement).

10

Regulations under section 5 of the Social Security Administration (Northern Ireland) Act 1992 (regulations about claims for and payments of benefit), so far as relating to statutory sick pay.

11

Section 12(3) of that Act (duty of employers to provide certain information to employees in relation to statutory sick pay).

12

Regulations under section 122 of that Act (duties of employers), so far as relating to statutory sick pay.

Employment Tribunals Act 1996

13

Part 2A of the Employment Tribunals Act 1996 (financial penalties for failure to pay sums ordered to be paid or settlement sums).

National Minimum Wage Act 1998

14

Section 1 of the National Minimum Wage Act 1998 (entitlement to the national minimum wage).

15

Regulations under section 9 of that Act (duty of employers to keep records).

16

Section 10 of that Act (worker’s right of access to records).

17

Regulations under section 12 of that Act (employer to provide worker with national minimum wage statement).

18

Section 17 of that Act (non-compliance: worker entitled to additional remuneration).

19

Section 23 of that Act (right not to suffer detriment).

20

Section 31 of that Act (offences).

Working Time Regulations 1998

21

The following provisions of the Working Time Regulations 1998 (S.I. 1998/1833)—

(a) regulations 13 to 15E (entitlement to annual leave, etc);

(b) regulation 16 (right to payment in respect of periods of leave);

(d) regulation 16B(1) (duty to keep records relating to annual leave entitlement);

(e) regulation 29(1) (offences), so far as relating to regulation 16B(1).

Gangmasters (Licensing) Act 2004

22

Section 6 of the Gangmasters (Licensing) Act 2004 (prohibition of unlicensed activities).

23

Rules under section 8 of that Act (power to make rules in connection with licensing of persons acting as gangmasters).

24

Section 9 of that Act (modification, revocation or transfer of licence).

25

Sections 12 and 13 of that Act (offences).

26

The references in paragraphs 22 and 25 to the Gangmasters (Licensing) Act 2004 are to that Act only so far as it applies in relation to England and Wales and Scotland.

Fraud Act 2006

27

Section 1 of the Fraud Act 2006, so far as relating to an offence which—

(a) is committed under the law of England and Wales by virtue of section 4 of that Act (fraud by abuse of position), and

(b) is committed in relation to a worker.

Modern Slavery Act 2015

28

Section 1 of the Modern Slavery Act 2015 (offence of slavery, servitude and forced or compulsory labour).

29

Sections 2 and 4 of that Act (human trafficking), so far as relating to an offence—

(a) which is committed in relation to a worker, or

(b) which is otherwise committed in circumstances where subsection (2) of section 3 of that Act applies.

30

(1) Part 2 of that Act (prevention orders), so far as relating to—

(a) the making of orders under that Part on the application of the Secretary of State,

(b) offences committed in relation to orders made under that Part on such an application, or

(2) An order is within this sub-paragraph if—

(a) the order was made under section 14 of that Act following—

(i) the conviction of the defendant of a relevant offence, or

(ii) a finding of a kind mentioned in section 14(1)(b) or (c) of that Act in connection with a relevant offence, and

(b) the prosecution resulted from an investigation conducted by or on behalf of the Secretary of State.

(3) In sub-paragraph (2) “relevant offence” means—

(a) an offence under section 1 of the Modern Slavery Act 2015;

(b) an offence under section 2 or 4 of that Act falling within paragraph 29;

Employment Rights Act 2025

31

Section 47(2) of this Act (entitlement of social care workers to be paid in accordance with ratified agreements of Negotiating Body).

32

Section 48(5) (entitlement of social care workers to be paid in accordance with regulations made by Secretary of State, etc).

33

Sections 119 to 129 and 139 (LME undertakings and orders).

34

Sections 140 and 142 (offences relating to Part 5).

Part 2 — Power to amend Part 1

35

(1) The Secretary of State may by regulations amend Part 1 of this Schedule in order to—

(a) add an enactment to the list of legislation in that Part, or

(b) vary a reference to an enactment in that list.

(2) Regulations under this paragraph may add an enactment only if it relates to—

(a) rights or entitlements conferred on employees or workers;

(b) the treatment of employees or workers;

(d) trade unions, employers’ associations, industrial action or labour relations.

(3) Regulations under this paragraph may not add an enactment that deals with a transferred matter, or vary a reference to such an enactment, without the consent of the appropriate Northern Ireland department.

(4) For the purposes of sub-paragraph (3)—

“the appropriate Northern Ireland department”, in relation to an enactment that deals with a transferred matter, means the Northern Ireland department which has responsibility for that matter;

“deals with” is to be read in accordance with section 98(2) and (3) of the Northern Ireland Act 1998;

“transferred matter” has the meaning given by section 4(1) of that Act.

(5) Regulations under this paragraph may amend any of the following provisions in consequence of an amendment of Part 1 of this Schedule—

(a) section 91 (enforcement functions of Secretary of State);

(b) section 92 (delegation of functions);

(d) section 150 (meaning of “non-compliance with relevant labour market legislation”).

(6) Regulations under this paragraph that add an enactment which—

(a) confers a right or entitlement to the payment of any sum to an individual, or

(b) prohibits or restricts the withholding of payment of any sum to an individual,

may provide that a notice of underpayment relating to sums due under or by virtue of the enactment may relate to sums becoming due before the coming into force of the regulations.

(7) Regulations under this paragraph are subject to the affirmative resolution procedure.

Schedule 8

Part 1 — Application of this Schedule

1

This Schedule applies in relation to—

(a) applications for warrants under section 98 or 102, and

(b) warrants issued under section 98 or 102.

Part 2 — Warrants: applications and safeguards

Applications for warrants

2

(1) Where an enforcement officer applies for a warrant, the officer must—

(a) state the ground on which the application is made,

(b) state the provision of this Act under which the warrant would be issued,

(d) identify, so far as is practicable, the purpose for which entry is desired.

(2) An application for a warrant must be made without notice and must be supported by an information in writing or, in Scotland, evidence on oath.

(3) The officer must answer on oath any question that the justice hearing the application asks the officer.

Safeguards in connection with power of entry conferred by warrant

3

A warrant authorises an entry on one occasion only.

4

(1) A warrant must specify—

(a) the name of the person who applies for it,

(b) the date on which it is issued,

(d) the premises to be entered.

(2) A warrant must identify, so far as is practicable, the purpose for which entry is desired.

5

(1) Two copies are to be made of a warrant.

(2) In the case of a warrant issued in electronic form, the copies must be clearly marked as copies.

(3) In the case of a warrant issued otherwise than in electronic form, the copies must be clearly certified as copies.

Part 3 — Execution of warrants

Warrant to be executed within three months

6

Execution of a warrant must be within three months from the date of its issue.

Time of entry

7

Execution of a warrant must be at a reasonable time, unless it appears to the officer executing it that there are grounds for suspecting that the purpose of entering the premises may be frustrated if the officer seeks to enter at a reasonable time.

Evidence of authority etc

8

(1) Where the occupier of premises to be entered under a warrant is present at the time when an enforcement officer seeks to execute the warrant, the following requirements must be satisfied—

(a) the officer must produce to the occupier documentary evidence of the fact that the officer is an enforcement officer;

(b) if the officer is asked for it, the occupier must be told the officer’s name;

(d) the officer must supply the occupier with a copy of the warrant that is marked or certified as a copy in accordance with paragraph 5.

(2) Where—

(a) the occupier of premises to be entered under a warrant is not present when an enforcement officer seeks to execute it, but

(b) some other person who appears to the officer to be in charge of the premises is present,

sub-paragraph (1) has effect as if any reference to the occupier were a reference to that other person.

(3) If there is no person present who appears to the enforcement officer to be in charge of the premises, the officer must leave a copy of the warrant, marked or certified as a copy in accordance with paragraph 5, in a prominent place on the premises.

Securing premises after entry

9

An enforcement officer who enters premises under a warrant must take reasonable steps to ensure that when the officer leaves the premises they are as secure as they were before the officer entered.

Return and retention of warrants

10

(1) A warrant which—

(a) has been executed, or

(b) has not been executed within the time authorised for its execution,

must be returned to the appropriate person.

(2) For the purposes of sub-paragraph (1) the appropriate person is—

(a) in the case of a warrant issued in England and Wales, the designated officer for the local justice area in which the justice was acting when the warrant was issued;

(b) in the case of a warrant issued in Scotland by a justice of the peace, the clerk of the justice of the peace court in the sheriffdom for which the justice of the peace was appointed;

(d) in the case of a warrant issued in Northern Ireland, the clerk of petty sessions.

(3) A warrant that is returned under this paragraph must be retained by the person to whom it is returned for a period of 12 months.

(4) If during that period the occupier of the premises to which the warrant relates asks to inspect it, the occupier must be allowed to do so.

Schedule 9

Authorities with functions in connection with the labour market or the workplace etc

Law enforcement and border security

Local government

Other persons

Schedule 10

Part 1 — Existing powers under relevant labour market legislation

Employment Agencies Act 1973

1

The Employment Agencies Act 1973 is amended as follows.

2

Omit section 8A (appointment of officers).

3

Omit section 9 (inspection).

4

(1) Section 11A (offences: extension of time limit) is amended as follows.

(2) In subsection (1), omit “9(4)(b) or”.

(3) In subsection (3), omit “9(4)(b) or”.

Part 2A of Employment Tribunals Act 1996

5

Part 2A of the Employment Tribunals Act 1996 (financial penalties for failure to pay sums ordered to be paid or settlement sums) is amended as follows.

6

In section 37D (unpaid amount of relevant sum: further provision), in subsection (6), for “an enforcement officer” substitute “the Secretary of State”.

7

(1) Section 37E (warning notice) is amended as follows.

(2) In subsection (1), for “an enforcement officer” substitute “the Secretary of State”.

(3) In subsection (2)—

(a) for “officer” substitute “Secretary of State”;

(b) for “officer’s” substitute “Secretary of State’s”.

(4) In subsection (3), for “officer” substitute “Secretary of State”.

8

(1) Section 37F (penalty notice) is amended as follows.

(2) In subsection (1), for “an enforcement officer” substitute “the Secretary of State”.

(3) In subsection (2), for “officer” substitute “Secretary of State”.

9

In section 37G (appeal against penalty notice), in subsection (3)(b), for “enforcement officer” substitute “Secretary of State”.

10

In section 37I (withdrawal of warning notice), in subsection (1)—

(a) in paragraph (b), for “an enforcement officer” substitute “the Secretary of State”;

(b) in the closing words, for “officer” substitute “Secretary of State”.

11

In section 37J (withdrawal of penalty notice), in subsection (1)—

(a) in paragraph (b), for “an enforcement officer” substitute “the Secretary of State”;

(b) in the closing words, for “officer” substitute “Secretary of State”.

12

In section 37K (replacement penalty notice), in subsection (1)—

(a) for “an enforcement officer” substitute “the Secretary of State”;

(b) for “the officer” substitute “the Secretary of State”.

13

Omit section 37M (enforcement officers).

14

In section 37O (modification in particular cases), in subsection (4)(a), for “enforcement officer” substitute “Secretary of State”.

15

In section 37P (giving of notices), in subsection (1)(a), for “an enforcement officer” substitute “the Secretary of State”.

16

In section 37Q(1) (interpretation), omit the definition of “enforcement officer”.

National Minimum Wage Act 1998

17

The National Minimum Wage Act 1998 is amended as follows.

18

Omit section 13 (appointment of officers) and the italic heading before that section.

19

Omit section 14 (powers of officers).

20

Omit section 15 (information obtained by officers).

21

Omit section 16 (information obtained by agricultural wages officers).

22

In section 16A (disclosure of information by officers), in subsection (5)—

(a) in the definition of “enforcement officer”, omit paragraph (a) (and the “or” after it);

(b) in the definition of “the relevant legislation”, omit paragraph (a) (and the “and” after it).

23

Omit sections 19 to 19H (notices of underpayment).

24

In section 31 (offences), omit subsection (5).

Gangmasters (Licensing) Act 2004

25

The Gangmasters (Licensing) Act 2004 is amended as follows.

26

Omit the italic heading before section 1.

27

Omit section 2 (directions etc to the Gangmasters and Labour Abuse Authority).

28

In section 3 (work to which Act applies), for subsection (6) substitute—

(6) Before making regulations under subsection (5), the Secretary of State must consult the Advisory Board established under section 93 of the Employment Rights Act 2025.

29

(1) Section 7 (grant of licence) is amended as follows.

(2) In subsection (1)—

(a) for “Authority” substitute “Secretary of State”;

(b) for “it” substitute “the Secretary of State”.

(3) In subsection (2), for “Authority” substitute “Secretary of State”.

(4) In subsection (5), for “Authority” substitute “Secretary of State”.

30

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