Change 1 Article Choose an article Title and introductory text 1 Meaning of “trade union". 2 The list of trade unions. 3 Application to have name entered in the list. 4 Removal of name from the list. 5 Meaning of “independent trade union". 6 Application for certificate of independence. 7 Withdrawal or cancellation of certificate. 8 Conclusive effect of Certification Officer’s decision. 9 Appeal against decision of Certification Officer. 10 Quasi-corporate status of trade unions. 11 Exclusion of common law rules as to restraint of trade. 12 Property to be vested in trustees. 13 Vesting of property in new trustees. 14 Transfer of securities held in trust for trade union. 15 Prohibition on use of funds to indemnify unlawful conduct. 16 Remedy against trustees for unlawful use of union property. 17 Nominations by members of trade unions. 18 Payments out of union funds on death of member. 19 Application of certain provisions relating to industrial assurance or friendly societies. 20 Liability of trade union in certain proceedings in tort. 21 Repudiation by union of certain acts. 22 Limit on damages awarded against trade unions in actions in tort. 23 Restriction on enforcement of awards against certain property. 24 Duty to maintain register of members’ names and addresses. 24ZA Duty to provide membership audit certificate 24ZB Duty to appoint an assurer 24ZC Appointment and removal of an assurer 24ZD Requirements of assurer's membership audit certificate 24ZE Rights of assurer 24ZF Duty to inform the Certification Officer 24ZG Duty of confidentiality 24ZI Investigations by inspectors 24ZJ Inspectors' reports etc 24A Securing confidentiality of register during ballots. 24B Enforcement of sections 24 to 24ZC by Certification Officer 24C Enforcement of sections 24ZH and 24ZI by Certification Officer 25 Remedy for failure: application to Certification Officer. 26 Remedy for failure: application to court. 27 Duty to supply copy of rules. 28 Duty to keep accounting records. 29 Duty to keep records available for inspection. 30 Right of access to accounting records. 31 Remedy for failure to comply with request for access. 32 Annual return. 32ZA Details of industrial action etc to be included in annual return 32ZB Details of political expenditure to be included in annual return 32ZC Enforcement of sections 32ZA and 32ZB by Certification Officer 32A Statement to members following annual return. 33 Duty to appoint auditors. 34 Eligibility for appointment as auditor. 35 Appointment and removal of auditors. 36 Auditors’ report. 37 Rights of auditors. 37A Power of Certification Officer to require production of documents etc. 37B Investigations by inspectors. 37C Inspectors’ reports etc. 37D Expenses of investigations. 37E Sections 37A and 37B: supplementary. 38 Members’ superannuation schemes: separate fund to be maintained. 39 Examination of proposals for new scheme. 40 Periodical re-examination of existing schemes. 41 Powers of the Certification Officer. 42 Meaning of “appropriately qualified actuary". 43 Newly-formed trade unions. 44 Discharge of duties in case of union having branches or sections. 45 Offences. 45A Penalties and prosecution time limits. 45B Duty to secure positions not held by certain offenders. 45C Remedies and enforcement. 45D Appeals from Certification Officer. 46 Duty to hold elections for certain positions. 46A Responsible person’s determination of means of voting 47 Candidates. 48 Election addresses. 49 Appointment of independent scrutineer. 50 Entitlement to vote. 51 Voting. 51ZA Counting of votes where multiple votes cast by same person 51ZB Postal voting 51ZC Postal voting: voting paper and method of voting 51A Postal voting: counting of votes etc. by independent person 51B Electronic voting 51C Hybrid voting 52 Scrutineer’s report. 53 Uncontested elections. 53A Small accidental failures in relation to electronic voting to be disregarded 54 Remedy for failure to comply with requirements: general. 55 Application to Certification Officer. 56 Application to court. 56A Appeals from Certification Officer. 57 Exemption of newly-formed trade unions, &c. 58 Exemption of certain persons nearing retirement. 59 Period for giving effect to election. 60 Overseas members. 61 Other supplementary provisions. 62 Right to a ballot before industrial action. 63 Right not to be denied access to the courts. 64 Right not to be unjustifiably disciplined. 65 Meaning of “unjustifiably disciplined". 66 Complaint of infringement of right. 67 Further remedies for infringement of right. 68 Right not to suffer deduction of unauthorised subscriptions 68A Complaint of infringement of rights. 69 Right to terminate membership of union. 70 Membership of constituent or affiliated organisation. 70ZA Access agreements 70ZB Access requests and response notices 70ZC Response period and negotiation period 70ZD Entering into access agreement by negotiation 70ZE Determinations by the Central Arbitration Committee 70ZF Determinations by the Central Arbitration Committee: further provision 70ZG Variation and revocation of access agreements 70ZH Enforcement of access agreements: initial complaint 70ZI Enforcement of access agreements: subsequent complaint 70ZJ Power to make provision about amounts payable under section 70ZI 70ZK Enforcement of access agreements: supplementary provision 70ZL General limitations on access agreements etc 70ZM Appeals to the Employment Appeal Tribunal 70ZN Regulations under this Chapter 70A Recognition of trade unions. 70B Training. 70C Section 70B: complaint to employment tribunal. 71 Restriction on use of funds for political objects. 72 Political objects to which restriction applies. 72A Application of funds in breach of section 71. 72B Application of sections 72C to 72P 72C Passing and effect of political resolution 72D Approval of political ballot rules 72E Responsible person’s determination of means of voting 72F Appointment of independent scrutineer 72G Entitlement to vote 72H Voting 72I Counting of votes where multiple votes cast by same person 72J Postal voting 72K Postal voting (voting paper and method of voting) 72L Postal voting (counting of votes etc. by independent person) 72M Electronic voting 72N Hybrid voting 72O Scrutineer’s report 72P Small accidental failures in relation to electronic voting to be disregarded 72Q Application of sections 73 to 78 73 Passing and effect of political resolution. 74 Approval of political ballot rules. 75 Appointment of independent scrutineer. 76 Entitlement to vote. 77 Voting. 77A Counting of votes etc. by independent person. 78 Scrutineer’s report. 79 Remedy for failure to comply with ballot rules: general. 80 Application to Certification Officer. 81 Application to court. 82 Rules as to political fund. 83 Assets and liabilities of political fund. 84 Contributors to political fund 84A Opt-out information notices 86 Employer not to deduct contributions where member gives certificate 87 Complaint in respect of employer’s failure. 88 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 89 Administration of political fund where no resolution in force. 90 Discontinuance of contributions to political fund. 91 Rules to cease to have effect. 92 Manner of making union rules. 93 Effect of amalgamation. 94 Overseas members of trade union. 95 Appeals from Certification Officer. 96 Meaning of “date of the ballot". 97 Amalgamation or transfer of engagements. 98 Approval of instrument of amalgamation or transfer. 99 Notice to be given to members. 100 Requirement of ballot on resolution. 100ZA Responsible person’s determination of means of voting 100A Appointment of independent scrutineer. 100B Entitlement to vote. 100C Voting. 100CA Counting of votes where multiple votes cast by same person 100CB Postal voting 100CC Postal voting: voting paper and method of voting 100D Postal voting: counting of votes etc. by independent person 100DA Electronic voting 100DB Hybrid voting 100E Scrutineer’s report. 100F Small accidental failures in relation to electronic voting to be disregarded 101 Registration of instrument of amalgamation or transfer. 101A Listing and certification after amalgamation 101B Supply of information by amalgamated union 102 Power to alter rules of transferee union for purposes of transfer. 103 Complaint to Certification Officer as regards passing of resolution. 104 Appeal from decision of Certification Officer. 105 Transfer of property on amalgamation or transfer. 106 Amalgamation or transfer involving Northern Ireland union. 107 Change of name of trade union. 108 General power to make regulations. 108A Right to apply to Certification Officer. 108B Declarations and orders. 108C Appeals from Certification Officer. 109 Proceedings in relation to which assistance may be provided. 110 Application for assistance: its consideration. 111 Provision of assistance. 112 Title of proceedings where assistance provided. 113 Recovery of sums paid in case of fraud. 114 Supplementary provisions. 115 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 116 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 116A Provision of money for union modernisation 116B Restriction on deduction of union subscriptions from wages in public sector 117 Special register bodies. 118 Federated trade unions. 119 Expressions relating to trade unions. 120 Northern Ireland unions. 121 Meaning of “the court". 122 Meaning of “employers’ association". 123 The list of employers’ associations. 124 Application to have name entered in the list. 125 Removal of name from the list. 126 Appeal against decision of Certification Officer. 127 Corporate or quasi-corporate status of employers’ associations. 128 Exclusion of common law rules as to restraint of trade. 129 Property of unincorporated employers’ associations, &c. 130 Restriction on enforcement of awards against certain property. 131 Administrative provisions applying to employers’ associations. 132 Application of funds for political objects. 133 Amalgamations and transfers of engagements. 134 Change of name of employers’ association. 135 Federated employers’ associations. 136 Meaning of “officer" of employers’ association. 136A Right to statement of trade union rights 137 Refusal of employment on grounds related to union membership. 138 Refusal of service of employment agency on grounds related to union membership. 139 Time limit for proceedings. 140 Remedies. 141 Complaint against employer and employment agency. 142 Awards against third parties. 143 Interpretation and other supplementary provisions. 144 Union membership requirement in contract for goods or services void. 145 Refusal to deal on union membership grounds prohibited. 145A Inducements relating to union membership or activities 145B Inducements relating to collective bargaining 145C Time limit for proceedings 145D Consideration of complaint 145E Remedies 145F Interpretation and other supplementary provisions 146 Detriment on grounds related to union membership or activities. 147 Time limit for proceedings. 148 Consideration of complaint. 149 Remedies. 150 Awards against third parties. 151 Interpretation and other supplementary provisions. 152 Dismissal of employee on grounds related to union membership or activities. 153 Selection for redundancy on grounds related to union membership or activities. 154 Disapplication of qualifying period and upper age limit for unfair dismissal 155 Matters to be disregarded in assessing contributory fault. 156 Minimum basic award. 157 . 158 . 159 Power to increase sums by order. 160 Awards against third parties. 161 Application for interim relief. 162 Application to be promptly determined. 163 Procedure on hearing of application and making of order. 164 Order for continuation of contract of employment. 165 Application for variation or revocation of order. 166 Consequences of failure to comply with order. 167 Interpretation and other supplementary provisions. 168 Time off for carrying out trade union duties. 168A Time off for union learning representatives 168B Time off for union equality representatives 169 Payment for time off under sections 168 to 168B. 170 Time off for trade union activities. 171 Time limit for proceedings. 172 Remedies. 172A Publication requirements in relation to facility time 172B Reserve powers in relation to facility time 173 Intepretation and other supplementary provisions. 174 Right not to be excluded or expelled from union. 175 Time limit for proceedings. 176 Remedies. 177 Interpretation and other supplementary provisions. 178 Collective agreements and collective bargaining. 179 Whether agreement intended to be a legally enforceable contract. 180 Effect of provisions restricting right to take industrial action. 181 General duty of employers to disclose information. 182 Restrictions on general duty. 183 Complaint of failure to disclose information. 184 Further complaint of failure to comply with declaration. 185 Determination of claim and award. 186 Recognition requirement in contract for goods or services void. 187 Refusal to deal on grounds of union exclusion prohibited. 188 Duty of employer to consult . . . representatives. 188A 189 Complaint ... and protective award. 190 Entitlement under protective award. 191 Termination of employment during protected period. 192 Complaint by employee to employment tribunal. 193 Duty of employer to notify Secretary of State of certain redundancies. 193A Application of section 193 in certain cases involving redundancies of ships’ crew 194 Offence of failure to notify. 195 Construction of references to dismissal as redundant etc. 195A Construction of references to threshold number of employees 196 Construction of references to representatives. 197 Power to vary provisions. 198 Power to adapt provisions in case of collective agreement. 198A Employees being transferred to the employer from another undertaking 198B Section 198A: supplementary 199 Issue of Codes of Practice by ACAS. 200 Procedure for issue of Code by ACAS. 201 Consequential revision of Code issued by ACAS. 202 Revocation of Code issued by ACAS. 203 Issue of Codes of Practice by the Secretary of State. 204 Procedure for issue of Code by Secretary of State. 205 Consequential revision of Code issued by Secretary of State. 206 Revocation of Code issued by Secretary of State. 207 Effect of failure to comply with Code. 207A Effect of failure to comply with Code: adjustment of awards 208 Provisions of earlier Code superseded by later. 209 General duty to promote improvement of industrial relations. 210 Conciliation. 210A Information required by ACAS for purposes of settling recognition disputes 211 Conciliation officers. 212 Arbitration. 212A Arbitration scheme for unfair dismissal cases etc. 212B Dismissal procedures agreements. 213 Advice. 214 Inquiry. 215 Inquiry and report by court of inquiry. 216 Constitution and proceedings of court of inquiry. 217 Exclusion of power of arbiter to state case to Court of Session. 218 Meaning of “trade dispute" in Part IV. 219 Protection from certain tort liabilities. 220 Peaceful picketing. 220A Union supervision of picketing 221 Restrictions on grant of injunctions and interdicts. 222 Action to enforce trade union membership. 223 Action taken because of dismissal for taking unofficial action. 224 Secondary action. 225 Pressure to impose union recognition requirement. 226 Requirement of ballot before action by trade union. 226ZA Responsible person’s determination of means of voting 226A Notice of ballot and sample voting materials for employers. 226B Appointment of scrutineer. 226C Exclusion for small ballots. 227 Entitlement to vote in ballot. 228 Separate workplace ballots. 228A Separate workplaces: single and aggregate ballots. 228B Conduct of ballot 228C Counting of votes where multiple votes cast by same person 229 Postal voting and workplace voting: voting paper 230 Postal voting: additional requirements for conduct of ballot 230A Electronic voting 230B Hybrid voting 230C Workplace voting 230D Workplace voting: notice of ballot 230E Workplace voting: additional requirements for conduct of ballot 230F Workplace voting: qualifying location 230G Workplace voting: agreement with employer 230H Workplace voting: counting of votes 231 Information as to result of ballot. 231A Employers to be informed of ballot result. 231B Scrutineer’s report. 232 Balloting of overseas members. 232A Inducement of member denied entitlement to vote. 232B Small accidental failures to be disregarded. 233 Calling of industrial action with support of ballot. 234 Period after which ballot ceases to be effective. 234A Notice to employers of industrial action. 234B Power of Secretary of State to specify minimum service levels 234C Work notices relating to minimum service levels 234D Work notices: disclosure of information 234E Work notices: no protection if union fails to take reasonable steps 234F Regulations: consultation and supplementary 234G Interpretation of terms relating to minimum service levels 235 Construction of references to contract of employment in sections 226 to 234A. 235A Industrial action affecting supply of goods or services to an individual. 235B . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 235C . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 236 No compulsion to work. 236A Detriment on grounds of industrial action 236B Time limit for proceedings 236C Consideration of complaint 236D Remedies 237 Dismissal of those taking part in unofficial industrial action. 238 Dismissals in connection with other industrial action. 238A Participation in official industrial action. 238B Conciliation and mediation: supplementary provisions 239 Supplementary provisions relating to unfair dismissal. 240 Breach of contract involving injury to persons or property. 241 Intimidation or annoyance by violence or otherwise. 242 Restriction of offence of conspiracy: England and Wales. 243 Restriction of offence of conspiracy: Scotland. 244 Meaning of “trade dispute" in Part V. 245 Crown employees and contracts. 246 Minor definitions. 247 ACAS. 248 The Council of ACAS. 249 Terms of appointment of members of Council. 250 Remuneration, &c. of members of Council. 251 Secretary, officers and staff of ACAS. 251A Fees for exercise of functions by ACAS. 251B Prohibition on disclosure of information 252 General financial provisions. 253 Annual report and accounts. 254 The Certification Officer. 255 Remuneration, &c. of Certification Officer and assistants. 256 Procedure before the Certification Officer. 256ZA Striking out 256A Vexatious litigants. 256B Vexatious litigants: applications disregarded. 256C Investigatory powers 256D Power to impose financial penalties 257 Custody of documents submitted under earlier legislation. 257A Levy payable to Certification Officer 258 Annual report and accounts. 259 The Central Arbitration Committee. 260 The members of the Committee. 261 Terms of appointment of members of Committee. 262 Remuneration, &c. of members of Committee. 263 Proceedings of the Committee. 263A Proceedings of the Committee under Schedule A1. 264 Awards of the Committee. 265 Annual report and accounts. 266 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 267 . 268 . 269 . 270 . 271 . 272 Meaning of financial year. 273 Crown employment. 274 Armed forces. 275 Exemption on grounds of national security. 276 Further provision as to Crown application. 277 House of Lords staff. 278 House of Commons staff. 279 Health service practitioners. 280 Police service. 281 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 282 Fixed term employment 283 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 284 Share fishermen. 285 Employment outside Great Britain. 286 Power to make further provision as to excluded classes of employment. 287 Offshore employment. 288 Restriction on contracting out. 289 Employment governed by foreign law. 290 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 291 292 Death of employee or employer. 292A Extension of time limits to facilitate conciliation before institution of proceedings 293 Regulations. 294 Reciprocal arrangements with Northern Ireland. 295 Meaning of employee and related expressions. 296 Meaning of worker and related expressions. 297 Associated employers. 297A Meaning of “voting” 297B Devolved Welsh authorities 298 Minor definitions: general. 298A Definitions relating to means of voting 299 Index of defined expressions. 300 Repeals, consequential amendments, transitional provisions and savings. 301 Extent. 302 Commencement. 303 Short title. Schedule ZA1 Further requirements relating to the responsible person’s determination SCHEDULE A1 Collective Bargaining: Recognition Schedule A1A Certain requirements relating to electronic voting and hybrid voting SCHEDULE A2 Tribunal jurisdictions to which section 207A applies SCHEDULE 1 Repeals SCHEDULE 2 Consequential amendments SCHEDULE 3 Transitional provisions and savings TABLE OF DERIVATIONS
What to do with it
As published
239 Supplementary provisions relating to unfair dismissal.
(1) Sections 237 to 238A(loss of unfair dismissal protection in connection with industrial action) shall be construed as one with Part X of the Employment Rights Act 1996 (unfair dismissal) ; but sections 108 and 109 of that Act (qualifying period and age limit) shall not apply in relation to section 238A of this Act..
(2) In relation to a complaint to which section 238 or 238A applies, section 111(2) of that Act (time limit for complaint) does not apply, but an employment tribunal shall not consider the complaint unless it is presented to the tribunal—
(a) before the end of the period of six months beginning with the date of the complainant’s dismissal (as defined by section 238(5)), or
(b) where the tribunal is satisfied that it was not reasonably practicable for the complaint to be presented before the end of that period, within such further period as the tribunal considers reasonable.
(3) Where it is shown that the condition referred to in section 238(2)(b) is fulfilled (discriminatory re-engagement), the references in—
(a) sections 98 to 106 of the Employment Rights Act 1996, and
(b) sections 152 and 153 of this Act,
to the reason or principal reason for which the complainant was dismissed shall be read as references to the reason or principal reason he has not been offered re-engagement.
(4) In relation to a complaint under section 111 of the 1996 Act (unfair dismissal: complaint to employment tribunal) that a dismissal was unfair by virtue of section 238A of this Act—
(a) no order shall be made under section 113 of the 1996 Act (reinstatement or re-engagement) until after the conclusion of protected industrial action by any employee in relation to the relevant dispute,
(b) regulations under section 7 of the Employment Tribunals Act 1996 may make provision about the adjournment and renewal of applications (including provision requiring adjournment in specified circumstances), and
(c) regulations under section 9 of that Act may require a pre-hearing review to be carried out in specified circumstances.
Your wording
Your change, as a redline
239 Supplementary provisions relating to unfair dismissal.
(1) Sections 237 to 238A(loss of unfair dismissal protection in connection with industrial action) shall be construed as one with Part X of the Employment Rights Act 1996 (unfair dismissal) ; but sections 108 and 109 of that Act (qualifying period and age limit) shall not apply in relation to section 238A of this Act..
(2) In relation to a complaint to which section 238 or 238A applies, section 111(2) of that Act (time limit for complaint) does not apply, but an employment tribunal shall not consider the complaint unless it is presented to the tribunal—
(a) before the end of the period of six months beginning with the date of the complainant’s dismissal (as defined by section 238(5)), or
(b) where the tribunal is satisfied that it was not reasonably practicable for the complaint to be presented before the end of that period, within such further period as the tribunal considers reasonable.
(3) Where it is shown that the condition referred to in section 238(2)(b) is fulfilled (discriminatory re-engagement), the references in—
(a) sections 98 to 106 of the Employment Rights Act 1996, and
(b) sections 152 and 153 of this Act,
to the reason or principal reason for which the complainant was dismissed shall be read as references to the reason or principal reason he has not been offered re-engagement.
(4) In relation to a complaint under section 111 of the 1996 Act (unfair dismissal: complaint to employment tribunal) that a dismissal was unfair by virtue of section 238A of this Act—
(a) no order shall be made under section 113 of the 1996 Act (reinstatement or re-engagement) until after the conclusion of protected industrial action by any employee in relation to the relevant dispute,
(b) regulations under section 7 of the Employment Tribunals Act 1996 may make provision about the adjournment and renewal of applications (including provision requiring adjournment in specified circumstances), and
(c) regulations under section 9 of that Act may require a pre-hearing review to be carried out in specified circumstances.
A proposal here is not law. Support on Solon is evidence that people want the change; the official route says what it takes to make it law.