(1) Where the Commissioner grants an application to a person who for the purposes of the application—
(a) has made a statement which he knew to be false in a material particular, or
(b) has recklessly made a statement which was false in a material particular,
he is entitled to recover from that person any sums paid by him to that person, or to any other person, by way of assistance.
(2) This does not affect the power of the Commissioner to enter into any agreement he thinks fit as to the terms on which assistance is provided.
(1) Nothing in this Chapter affects the law and practice regulating the descriptions of persons who may appear in, conduct, defend and address the court in any proceedings.
(2) The power of the Commissioner to provide assistance to a prospective applicant to the court under section 26, 56 or 81 (under which applications may be made either to the court or to the Certification Officer, and in certain cases to both) does not entitle the Commissioner to provide assistance with the making of an application to the Certification Officer.
(3) In this Chapter “applicant”, in relation to assistance under this Chapter, means the individual on whose application the assistance is provided.
(1) The Secretary of State may provide money to a trade union to enable or assist it to do any or all of the following—
(a) improve the carrying out of any of its existing functions;
(b) prepare to carry out any new function;
(c) increase the range of services it offers to persons who are or may become members of it;
(d) prepare for an amalgamation or the transfer of any or all of its engagements;
(e) ballot its members (whether as a result of a requirement imposed by this Act or otherwise).
(2) No money shall be provided to a trade union under this section unless at the time when the money is provided the union has a certificate of independence.
(3) Money may be provided in such a way as the Secretary of State thinks fit (whether as grants or otherwise) and on such terms as he thinks fit (whether as to repayment or otherwise).
(4) If money is provided to a trade union under this section, the terms on which it is so provided shall be deemed to include a prohibition (“a political fund prohibition”) on any of it being added to the political fund of the union.
(5) If a political fund prohibition is contravened, the Secretary of State—
(a) is entitled to recover from the trade union as a debt due to him an amount equal to the amount of money added to the union’s political fund in contravention of the prohibition (whether or not that money continues to form part of the political fund); and
(b) must take such steps as are reasonably practicable to recover that amount.
(6) An amount recoverable under subsection (5) is a liability of the trade union’s political fund.
(7) Subsection (5) does not prevent money provided to a trade union under this section from being provided on terms containing further sanctions for a contravention of the political fund prohibition.
(1) In this section a “special register body” means an organisation whose name appeared in the special register maintained under section 84 of the Industrial Relations Act 1971 immediately before 16 September 1974, and which is a company registered under the Companies Act 2006 or is incorporated by charter or letters patent.
(2) The provisions of this Part apply to special register bodies as to other trade unions, subject to the following exceptions and adaptations.
(3) In Chapter II (status and property of trade unions)—
(a) in section 10 (quasi-corporate status of trade unions)—
(i) subsections (1) and (2) (prohibition on trade union being incorporated) do not apply, and
(ii) subsection (3) (prohibition on registration under certain Acts) does not apply so far as it relates to registration as a company under the Companies Act 2006;
(b) section 11 (exclusion of common law rules as to restraint of trade) applies to the purposes or rules of a special register body only so far as they relate to the regulation of relations between employers or employers’ associations and workers;
(c) sections 12 to 14 (vesting of property in trustees; transfer of securities) do not apply; and
(d) in section 20 (liability of trade union in certain proceedings in tort) in subsection (7) the reference to the contract between a member and the other members shall be construed as a reference to the contract between a member and the body.
(4) Sections 33 to 35 (appointment and removal of auditors) do not apply to a special register body which is registered as a company under the Companies Act 2006; and sections 36 and 37 (rights and duties of auditors) apply to the auditors appointed by such a body under Chapter 2 of Part 16 of that Act.
(5) Sections 45B and 45C (disqualification) and Chapter IV (elections) apply only to—
(a) the position of voting member of the executive, and
(b) any position by virtue of which a person is a voting member of the executive.
In this subsection “voting member of the executive” has the meaning given by section 46(5).
(1) In this section a “federated trade union” means a trade union which consists wholly or mainly of constituent or affiliated organisations, or representatives or such organisations, as described in paragraph (b) of the definition of “trade union” in section 1.
(2) The provisions of this Part apply to federated trade unions subject to the following exceptions and adaptations.
(3) For the purposes of section 22 (limit on amount of damages) as it applies to a federated trade union, the members of such of its constituent or affiliated organisations as have their head or main office in Great Britain shall be treated as members of the union.
(4) The following provisions of Chapter III (trade union administration) do not apply to a federated trade union which consists wholly or mainly of representatives of constituent or affiliated organisations—
(a) section 27 (duty to supply copy of rules),
(b) section 28 (duty to keep accounting records),
(c) sections 32 to 37 (annual return, statement for members, accounts and audit), . . .
(ca) sections 37A to 37E (investigation of financial affairs), and
(d) sections 38 to 42 (members’ superannuation schemes).
(4A) In the case of a federated trade union which, by virtue of subsection (4), is not required to send an annual return to the Certification Officer under section 32, section 24ZA (duty to provide membership audit certificate) applies as if section 32 does apply to the union.
(5) Sections 29 to 31 (right of member to access to accounting records) do not apply to a federated trade union which has no members other than constituent or affiliated organisations or representatives of such organisations.
(6) Sections 24 to 26 (register of members’ names and addresses) and Chapter IV (elections for certain trade union positions) do not apply to a federated trade union—
(a) if it has no individual members other than representatives of constituent or affiliated organisations, or
(b) if its individual members (other than such representatives) are all merchant seamen and a majority of them are ordinarily resident outside the United Kingdom.
For this purpose “merchant seaman” means a person whose employment, or the greater part of it, is carried out on board sea-going ships.
(7) The provisions of Chapter VI (application of funds for political objects) apply to a trade union which is in whole or part an association or combination of other unions as if the individual members of the component unions were members of that union and not of the component unions.
But nothing in that Chapter prevents a component union from collecting contributions on behalf of the association or combination from such of its members as are contributors to the political fund of the association or combination.
(8) In the application of section 116A to a federated trade union, subsection (2) of that section shall be omitted.
In this Act, in relation to a trade union—
“agent” means a banker or solicitor of, or any person employed as an auditor by, the union or any branch or section of the union;
“branch or section”, except where the context otherwise requires, includes a branch or section which is itself a trade union;
“executive” means the principal committee of the union exercising executive functions, by whatever name it is called;
“financial affairs” means affairs of the union relating to any fund which is applicable for the purposes of the union (including any fund of a branch or section of the union which is so applicable);
“general secretary” means the official of the union who holds the office of general secretary or, where there is no such office, holds an office which is equivalent, or (except in section 14(4)) the nearest equivalent, to that of general secretary;
“officer” includes—
any member of the governing body of the union, and
any trustee of any fund applicable for the purposes of the union;
“official” means—
an officer of the union or of a branch or section of the union, or
a person elected or appointed in accordance with the rules of the union to be a representative of its members or of some of them,
and includes a person so elected or appointed who is an employee of the same employer as the members or one or more of the members whom he is to represent;
“president” means the official of the union who holds the office of president or, where there is no such office, who holds an office which is equivalent, or (except in section 14(4) or Chapter IV) the nearest equivalent, to that of president; and
“rules”, except where the context otherwise requires, includes the rules of any branch or section of the union.
In this Part “the court” (except where the reference is expressed to be to the county court or sheriff court) means the High Court or the Court of Session.
(1) In this Act an “employers’ association” means an organisation (whether temporary or permanent)—
(a) which consists wholly or mainly of employers or individual owners of undertakings of one or more descriptions and whose principal purposes include the regulation of relations between employers of that description or those descriptions and workers or trade unions; or
(b) which consists wholly or mainly of—
(i) constituent or affiliated organisations which fulfil the conditions in paragraph (a) (or themselves consist wholly or mainly of constituent or affiliated organisations which fulfil those conditions), or
(ii) representatives of such constituent or affiliated organisations,
and whose principal purposes include the regulation of relations between employers and workers or between employers and trade unions, or the regulation of relations between its constituent or affiliated organisations.
(2) References in this Act to employers’ associations include combinations of employers and employers’ associations.
(1) The Certification Officer shall keep a list of employers’ associations containing the names of—
(a) the organisations whose names were, immediately before the commencement of this Act, duly entered in the list of employers’ associations kept by him under section 8 of the Trade Union and Labour Relations Act 1974, and
(b) the names of the organisations entitled to have their names entered in the list in accordance with this Part.
(2) The Certification Officer shall keep copies of the list of employers’ associations, as for the time being in force, available for public inspection at all reasonable hours free of charge.
(3) A copy of the list shall be included in his annual report.
(4) The fact that the name of an organisation is included in the list of employers’ associations is evidence (in Scotland, sufficient evidence) that the organisation is an employers’ association.
(5) On the application of an organisation whose name is included in the list, the Certification Officer shall issue it with a certificate to that effect.
(6) A document purporting to be such a certificate is evidence (in Scotland, sufficient evidence) that the name of the organisation is entered in the list.
(1) An organisation of employers, whenever formed, whose name is not entered in the list of employers’ associations may apply to the Certification Officer to have its name entered in the list.
(2) The application shall be made in such form and manner as the Certification Officer may require and shall be accompanied by—
(a) a copy of the rules of the organisation,
(b) a list of its officers,
(c) the address of its head or main office, and
(d) the name under which it is or is to be known,
and by the prescribed fee.
(3) If the Certification Officer is satisfied—
(a) that the organisation is an employers’ association,
(b) that subsection (2) has been complied with, and
(c) that entry of the name in the list is not prohibited by subsection (4),
he shall enter the name of the organisation in the list of employers’ associations.
(4) The Certification Officer shall not enter the name of an organisation in the list of employers’ associations if the name is the same as that under which another organisation—
(a) was on 30th September 1971 registered as a trade union under the Trade Union Acts 1871 to 1964,
(b) was at any time registered as an employers’ association or trade union under the Industrial Relations Act 1971, or
(c) is for the time being entered in the list of employers’ associations or in the list of trade unions kept under Chapter I of Part I of this Act,
or if the name is one so nearly resembling any such name as to be likely to deceive the public.
(1) If it appears to the Certification Officer, on application made to him or otherwise, that an organisation whose name is entered in the list of employers’ associations is not an employers’ association, he may remove its name from the list.
(2) He shall not do so without giving the organisation notice of his intention and considering any representations made to him by the organisation within such period (of not less than 28 days beginning with the date of the notice) as may be specified in the notice.
(3) The Certification Officer shall remove the name of an organisation from the list of employers’ associations if—
(a) he is requested by the organisation to do so, or
(b) he is satisfied that the organisation has ceased to exist.
126 Appeal against decision of Certification Officer.
(1) An organisation aggrieved by the refusal of the Certification Officer to enter its name in the list of employers’ associations, or by a decision of his to remove its name from the list, may appeal to the Employment Appeal Tribunal on any appealable question.
(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(3) For the purposes of this section, an appealable question is any question of law arising in the proceedings before, or arising from the decision of, the Certification Officer.
127 Corporate or quasi-corporate status of employers’ associations.
(1) An employers’ association may be either a body corporate or an unincorporated association.
(2) Where an employers’ association is unincorporated—
(a) it is capable of making contracts;
(b) it is capable of suing and being sued in its own name, whether in proceedings relating to property or founded on contract or tort or any other cause of action; and
(c) proceedings for an offence alleged to have been committed by it or on its behalf may be brought against it in its own name.
(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
128 Exclusion of common law rules as to restraint of trade.
(1) The purposes of an unincorporated employers’ association and, so far as they relate to the regulation of relations between employers and workers or trade unions, the purposes of an employers’ association which is a body corporate are not, by reason only that they are in restraint of trade, unlawful so as—
(a) to make any member of the association liable to criminal proceedings for conspiracy or otherwise, or
(b) to make any agreement or trust void or voidable.
(2) No rule of an unincorporated employers’ association or, so far as it relates to the regulation of relations between employers and workers or trade unions, of an employers’ association which is a body corporate, is unlawful or unenforceable by reason only that it is in restraint of trade.
129 Property of unincorporated employers’ associations, &c.
(1) The following provisions of Chapter II of Part I of this Act apply to an unincorporated employers’ association as in relation to a trade union—
(a) section 12(1) and (2) (property to be vested in trustees),
(b) section 13 (vesting of property in new trustees), and
(c) section 14 (transfer of securities held in trust for trade union).
(2) In sections 13 and 14 as they apply by virtue of subsection (1) the reference to entry in the list of trade unions shall be construed as a reference to entry in the list of employers’ associations.
(3) Section 19 (application of certain provisions relating to . . . friendly societies) applies to any employers’ association as in relation to a trade union.
130 Restriction on enforcement of awards against certain property.
(1) Where in any proceedings an amount is awarded by way of damages, costs or expenses—
(a) against an employers’ association,
(b) against trustees in whom property is vested in trust for an employers’ association, in their capacity as such (and otherwise than in respect of a breach of trust on their part), or
(c) against members or officials of an employers’ association on behalf of themselves and all of the members of the association,
no part of that amount is recoverable by enforcement against any protected property.
(2) The following is protected property—
(a) property belonging to the trustees otherwise than in their capacity as such;
(b) property belonging to any member of the association otherwise than jointly or in common with the other members;
(c) property belonging to an official of the association who is neither a member nor a trustee.
131 Administrative provisions applying to employers’ associations.
(1) The following provisions of Chapter III of Part I of this Act apply to an employers’ association as in relation to a trade union—
section 27 (duty to supply copy of rules),
section 28 (duty to keep accounting records),
section 32(1), (2), (3)(a), (b) and (c) and (4) to (6) ... and sections 33 to 37 (annual return, accounts and audit),
sections 37A to 37E (investigation of financial affairs),
sections 38 to 42 (members’ superannuation schemes),
section 43(1) (exemption for newly-formed organisations),
section 44(1),(2) and (4) (discharge of duties in case of organisation having branches or sections), and
sections 45 and 45A (offences).
(2) Sections 33 to 35 (appointment and removal of auditors) do not apply to an employers’ association which is registered as a company under the Companies Act 2006; and sections 36 and 37 (rights and duties of auditors) apply to the auditors appointed by such an association under . . . Chapter 2 of Part 16 of that Act.
(1) Subject to subsections (2) to (5), theprovisions of Chapter VI of Part I of this Act (application of funds for political objects) apply to an unincorporated employers’ association as in relation to a trade union.
(2) Subsection (1) does not apply to these provisions—
(a) section 72A to section 72Q;
(b) in section 80, subsections (5A) to (5C) and (8) to (10);
(c) in section 81, subsection (8).
(3) In its application to an unincorporated employers’ association, section 79 shall have effect as if at the end of subsection (1) there were inserted—
The making of an application to the Certification Officer does not prevent the applicant, or any other person, from making an application to the court in respect of the same matter.
(4) In its application to an unincorporated employers’ association, section 80(2)(b) shall have effect as if the words “where he considers it appropriate," were inserted at the beginning.
(5) In its application to an unincorporated employers’ association, section 81 shall have effect as if after subsection (1) there were inserted—
(2) If an application in respect of the same matter has been made to the Certification Officer, the court shall have due regard to any declaration, reasons or observations of his which are brought to its notice.
(1) Subject to subsection (2), the provisions of Chapter VII of Part I of this Act (amalgamations and similar matters) apply to unincorporated employers’ associations as in relation to trade unions.
(2) In its application to such associations that Chapter shall have effect—
(a) as if in section 99(1) for the words from “that voting materials" to “accompanied by" there were substituted the words “that, not less than seven days before the ballot on the resolution to approve the instrument of amalgamation or transfer is held, every member is supplied with",
(b) as if the requirements imposed by sections 100ZA to 100F consisted only of those specified in sections 100B , 100C(3)(a) and 100CC(1) together with the requirement that every member must, so far as is reasonably possible, be given a fair opportunity of voting, . . ,
(bza) as if in section 100CC(1), for “eligible to vote by postal voting” there were substituted “entitled to vote”,
(ba) as if the references in sections 101A and 101B to the list of trade unions were to the list of employers' associations, and
(c) with the omission of sections 101(3) , 101A(3) and (4) , 103(2A) and (6) to (9) and 107.
(1) An unincorporated employers’ association may change its name by any method expressly provided for by its rules or, if its rules do not expressly provide for a method of doing so, by adopting in accordance with its rules an alteration of the provision in them which gives the association its name.
(2) If the name of an employers’ association, whether incorporated or unincorporated, is entered in the list of employers’ associations a change of name shall not take effect until approved by the Certification Officer.
(3) The Certification Officer shall not approve a change of name if it appears to him that the proposed new name—
(a) is the same as one entered in the list as the name of another employers’ association, or
(b) is the same as one entered in the list of trade unions kept under Part I of this Act,
or is a name so nearly resembling such a name as to be likely to deceive the public.
(4) A change of name by an unincorporated employers’ association does not affect any right or obligation of the association or any of its members; and any pending legal proceedings may be continued by or against the association, the trustees of the association or any other officer of the association who can sue or be sued on its behalf notwithstanding its change of name.
(5) The power conferred by section 108 (power to make regulations for carrying provisions into effect) applies in relation to this section as in relation to a provision of Chapter VII of Part I.
(1) In this section a “federated employers’ association” means a employers’ association which consists wholly or mainly of constituent or affiliated organisations, or representatives or such organisations, as described in paragraph (b) of the definition of “employers’ association” in section 122.
(2) The provisions of Part I applied by this Part to employers’ associations apply to federated employers’ associations subject to the following exceptions and adaptations.
(3) The following provisions of Chapter III of Part I (administration) do not apply to a federated employers’ association which consists wholly or mainly of representatives of constituent or affiliated organisations—
(a) section 27 (duty to supply copy of rules),
(b) section 28 (duty to keep accounting records),
(c) section 32(1), (2), (3)(a), (b) and (c) and (4) to (6) ... and sections 33 to 37 (annual return, accounts and audit), . . .
(ca) sections 37A to 37E (investigation of financial affairs), and
(d) sections 38 to 42 (members’ superannuation schemes).
(4) The provisions of Chapter VI of Part I (application of funds for political objects) apply to a employers’ association which is in whole or part an association or combination of other associations as if the individual members of the component associations were members of that association and not of the component associations.
But nothing in that Chapter prevents a component association from collecting contributions on behalf of the association or combination from such of its members as are contributors to the political fund of the association or combination.
136 Meaning of “officer" of employers’ association.
In this Act “officer”, in relation to an employers’ association, includes—
(a) any member of the governing body of the association, and
(b) any trustee of any fund applicable for the purposes of the association.
(1) A worker’s employer must give the worker a written statement that the worker has the right to join a trade union.
(2) The statement must be given—
(a) at the same time as the employer gives the worker a statement under section 1 of the 1996 Act (statement of employment particulars);
(b) at other prescribed times.
(3) The Secretary of State may prescribe—
(a) information that must be included in the statement;
(b) the form which the statement must take;
(c) the manner in which the statement must be given.
(4) The information prescribed may include that the worker has rights conferred by this Part.
(5) For the purposes of this section—
(a) “worker” and “employer” have the same meaning as in the 1996 Act (see section 230 of that Act);
(b) in a case where an employer gives a worker a statement under section 1 of the 1996 Act in instalments (see section 2(4) of that Act), that statement is to be treated as given when the first instalment is given;
(c) “the 1996 Act” means the Employment Rights Act 1996.
(6) Regulations prescribing anything for the purposes of this section (see section 293(1)) may make different provision for different purposes.
(7) See section 38 of the Employment Act 2002 for the effect of failing to give a statement in accordance with this section.
137 Refusal of employment on grounds related to union membership.
(1) It is unlawful to refuse a person employment—
(a) because he is, or is not, a member of a trade union, or
(b) because he is unwilling to accept a requirement—
(i) to take steps to become or cease to be, or to remain or not to become, a member of a trade union, or
(ii) to make payments or suffer deductions in the event of his not being a member of a trade union.
(2) A person who is thus unlawfully refused employment has a right of complaint to an employment tribunal.
(3) Where an advertisement is published which indicates, or might reasonably be understood as indicating—
(a) that employment to which the advertisement relates is open only to a person who is, or is not, a member of a trade union, or
(b) that any such requirement as is mentioned in subsection (1)(b) will be imposed in relation to employment to which the advertisement relates,
a person who does not satisfy that condition or, as the case may be, is unwilling to accept that requirement, and who seeks and is refused employment to which the advertisement relates, shall be conclusively presumed to have been refused employment for that reason.
(4) Where there is an arrangement or practice under which employment is offered only to persons put forward or approved by a trade union, and the trade union puts forward or approves only persons who are members of the union, a person who is not a member of the union and who is refused employment in pursuance of the arrangement or practice shall be taken to have been refused employment because he is not a member of the trade union.
(5) A person shall be taken to be refused employment if he seeks employment of any description with a person and that person—
(a) refuses or deliberately omits to entertain and process his application or enquiry, or
(b) causes him to withdraw or cease to pursue his application or enquiry, or
(c) refuses or deliberately omits to offer him employment of that description, or
(d) makes him an offer of such employment the terms of which are such as no reasonable employer who wished to fill the post would offer and which is not accepted, or
(e) makes him an offer of such employment but withdraws it or causes him not to accept it.
(6) Where a person is offered employment on terms which include a requirement that he is, or is not, a member of a trade union, or any such requirement as is mentioned in subsection (1)(b), and he does not accept the offer because he does not satisfy or, as the case may be, is unwilling to accept that requirement, he shall be treated as having been refused employment for that reason.
(7) Where a person may not be considered for appointment or election to an office in a trade union unless he is a member of the union, or of a particular branch or section of the union or of one of a number of particular branches or sections of the union, nothing in this section applies to anything done for the purpose of securing compliance with that condition although as holder of the office he would be employed by the union.
For this purpose an “office” means any position—
(a) by virtue of which the holder is an official of the union, or
(b) to which Chapter IV of Part I applies (duty to hold elections).
(8) The provisions of this section apply in relation to an employment agency acting, or purporting to act, on behalf of an employer as in relation to an employer.
138 Refusal of service of employment agency on grounds related to union membership.
(1) It is unlawful for an employment agency to refuse a person any of its services—
(a) because he is, or is not, a member of a trade union, or
(b) because he is unwilling to accept a requirement to take steps to become or cease to be, or to remain or not to become, a member of a trade union.
(2) A person who is thus unlawfully refused any service of an employment agency has a right of complaint to an employment tribunal.
(2A) Section 12A of the Employment Tribunals Act 1996 (financial penalties) applies in relation to a complaint under this section as it applies in relation to a claim involving an employer and a worker (reading references to an employer as references to the employment agency and references to a worker as references to the complainant).
(3) Where an advertisement is published which indicates, or might reasonably be understood as indicating—
(a) that any service of an employment agency is available only to a person who is, or is not, a member of a trade union, or
(b) that any such requirement as is mentioned in subsection (1)(b) will be imposed in relation to a service to which the advertisement relates,
a person who does not satisfy that condition or, as the case may be, is unwilling to accept that requirement, and who seeks to avail himself of and is refused that service, shall be conclusively presumed to have been refused it for that reason.
(4) A person shall be taken to be refused a service if he seeks to avail himself of it and the agency—
(a) refuses or deliberately omits to make the service available to him, or
(b) causes him not to avail himself of the service or to cease to avail himself of it, or
(c) does not provide the same service, on the same terms, as is provided to others.
(5) Where a person is offered a service on terms which include a requirement that he is, or is not, a member of a trade union, or any such requirement as is mentioned in subsection (1)(b), and he does not accept the offer because he does not satisfy or, as the case may be, is unwilling to accept that requirement, he shall be treated as having been refused the service for that reason.
(1) An employment tribunal shall not consider a complaint under section 137 or 138 unless it is presented to the tribunal—
(a) before the end of the period of six months beginning with the date of the conduct to which the complaint relates, or
(b) where the tribunal is satisfied that it was not reasonably practicable for the complaint to be presented before the end of that period, within such further period as the tribunal considers reasonable.
(2) The date of the conduct to which a complaint under section 137 relates shall be taken to be—
(a) in the case of an actual refusal, the date of the refusal;
(b) in the case of a deliberate omission—
(i) to entertain and process the complainant’s application or enquiry, or
(ii) to offer employment,
the end of the period within which it was reasonable to expect the employer to act;
(c) in the case of conduct causing the complainant to withdraw or cease to pursue his application or enquiry, the date of that conduct;
(d) in a case where an offer was made but withdrawn, the date when it was withdrawn;
(e) in any other case where an offer was made but not accepted, the date on which it was made.
(3) The date of the conduct to which a complaint under section 138 relates shall be taken to be—
(a) in the case of an actual refusal, the date of the refusal;
(b) in the case of a deliberate omission to make a service available, the end of the period within which it was reasonable to expect the employment agency to act;
(c) in the case of conduct causing the complainant not to avail himself of a service or to cease to avail himself of it, the date of that conduct;
(d) in the case of failure to provide the same service, on the same terms, as is provided to others, the date or last date on which the service in fact provided was provided.
(4) Section 292A (extension of time limits to facilitate conciliation before institution of proceedings) applies for the purposes of subsection (1)(a).
(1) Where the employment tribunal finds that a complaint under section 137 or 138 is well-founded, it shall make a declaration to that effect and may make such of the following as it considers just and equitable—
(a) an order requiring the respondent to pay compensation to the complainant of such amount as the tribunal may determine;
(b) a recommendation that the respondent take within a specified period action appearing to the tribunal to be practicable for the purpose of obviating or reducing the adverse effect on the complainant of any conduct to which the complaint relates.
(2) Compensation shall be assessed on the same basis as damages for breach of statutory duty and may include compensation for injury to feelings.
(3) If the respondent fails without reasonable justification to comply with a recommendation to take action, the tribunal may increase its award of compensation or, if it has not made such an award, make one.
(4) The total amount of compensation shall not exceed the limit for the time being imposed by section 124(1) of the Employment Rights Act 1996 (limit on compensation for unfair dismissal).
141 Complaint against employer and employment agency.
(1) Where a person has a right of complaint against a prospective employer and against an employment agency arising out of the same facts, he may present a complaint against either of them or against them jointly.
(2) If a complaint is brought against one only, he or the complainant may request the tribunal to join or sist the other as a party to the proceedings.
The request shall be granted if it is made before the hearing of the complaint begins, but may be refused if it is made after that time; and no such request may be made after the tribunal has made its decision as to whether the complaint is well-founded.
(3) Where a complaint is brought against an employer and an employment agency jointly, or where it is brought against one and the other is joined or sisted as a party to the proceedings, and the tribunal—
(a) finds that the complaint is well-founded as against the employer and the agency, and
(b) makes an award of compensation,
it may order that the compensation shall be paid by the one or the other, or partly by one and partly by the other, as the tribunal may consider just and equitable in the circumstances.
(1) If in proceedings on a complaint under section 137 or 138 either the complainant or the respondent claims that the respondent was induced to act in the manner complained of by pressure which a trade union or other person exercised on him by calling, organising, procuring or financing a strike or other industrial action, or by threatening to do so, the complainant or the respondent may request the employment tribunal to direct that the person who he claims exercised the pressure be joined or sisted as a party to the proceedings.
(2) The request shall be granted if it is made before the hearing of the complaint begins, but may be refused if it is made after that time; and no such request may be made after the tribunal has made its decision as to whether the complaint is well-founded.
(3) Where a person has been so joined or sisted as a party to the proceedings and the tribunal—
(a) finds that the complaint is well-founded,
(b) makes an award of compensation, and
(c) also finds that the claim in subsection (1) above is well-founded,
it may order that the compensation shall be paid by the person joined instead of by the respondent, or partly by that person and partly by the respondent, as the tribunal may consider just and equitable in the circumstances.
(4) Where by virtue of section 141 (complaint against employer and employment agency) there is more than one respondent, the above provisions apply to either or both of them.
143 Interpretation and other supplementary provisions.
(1) In sections 137 to 143—
“advertisement” includes every form of advertisement or notice, whether to the public or not, and references to publishing an advertisement shall be construed accordingly;
“employment” means employment under a contract of employment, and related expressions shall be construed accordingly; and
“employment agency” means a person who, for profit or not, provides services for the purpose of finding employment for workers or supplying employers with workers, but subject to subsection (2) below.
(2) For the purposes of sections 137 to 143 as they apply to employment agencies—
(a) services other than those mentioned in the definition of “employment agency" above shall be disregarded, and
(b) a trade union shall not be regarded as an employment agency by reason of services provided by it only for, or in relation to, its members.
(3) References in sections 137 to 143 to being or not being a member of a trade union are to being or not being a member of any trade union, of a particular trade union or of one of a number of particular trade unions.
Any such reference includes a reference to being or not being a member of a particular branch or section of a trade union or of one of a number of particular branches or sections of a trade union.
(4) The remedy of a person for conduct which is unlawful by virtue of section 137 or 138 is by way of a complaint to an employment tribunal in accordance with this Part, and not otherwise.
No other legal liability arises by reason that conduct is unlawful by virtue of either of those sections.
144 Union membership requirement in contract for goods or services void.
A term or condition of a contract for the supply of goods or services is void in so far as it purports to require that the whole, or some part, of the work done for the purposes of the contract is done only by persons who are, or are not, members of trade unions or of a particular trade union.
145 Refusal to deal on union membership grounds prohibited.
(1) A person shall not refuse to deal with a supplier or prospective supplier of goods or services on union membership grounds.“Refuse to deal” and “union membership grounds” shall be construed as follows.
(2) A person refuses to deal with a person if, where he maintains (in whatever form) a list of approved suppliers of goods or services, or of persons from whom tenders for the supply of goods or services may be invited, he fails to include the name of that person in that list.
He does so on union membership grounds if the ground, or one of the grounds, for failing to include his name is that if that person were to enter into a contract with him for the supply of goods or services, work to be done for the purposes of the contract would, or would be likely to, be done by persons who were, or who were not, members of trade unions or of a particular trade union.
(3) A person refuses to deal with a person if, in relation to a proposed contract for the supply of goods or services—
(a) he excludes that person from the group of persons from whom tenders for the supply of the goods or services are invited, or
(b) he fails to permit that person to submit such a tender, or
(c) he otherwise determines not to enter into a contract with that person for the supply of the goods or services.
He does so on union membership grounds if the ground, or one of the grounds, on which he does so is that if the proposed contract were entered into with that person, work to be done for the purposes of the contract would, or would be likely to, be done by persons who were, or who were not, members of trade unions or of a particular trade union.
(4) A person refuses to deal with a person if he terminates a contract with him for the supply of goods or services.
He does so on union membership grounds if the ground, or one of the grounds, on which he does so is that work done, or to be done, for the purposes of the contract has been, or is likely to be, done by persons who are or are not members of trade unions or of a particular trade union.
(5) The obligation to comply with this section is a duty owed to the person with whom there is a refusal to deal and to any other person who may be adversely affected by its contravention; and a breach of the duty is actionable accordingly (subject to the defences and other incidents applying to actions for breach of statutory duty.
145A Inducements relating to union membership or activities
(1) A worker has the right not to have an offer made to him by his employer for the sole or main purpose of inducing the worker—
(a) not to be or seek to become a member of an independent trade union,
(b) not to take part, at an appropriate time, in the activities of an independent trade union,
(c) not to make use, at an appropriate time, of trade union services, or
(d) to be or become a member of any trade union or of a particular trade union or of one of a number of particular trade unions.
(2) In subsection (1) “an appropriate time” means—
(a) a time outside the worker’s working hours, or
(b) a time within his working hours at which, in accordance with arrangements agreed with or consent given by his employer, it is permissible for him to take part in the activities of a trade union or (as the case may be) make use of trade union services.
(3) In subsection (2) “working hours”, in relation to a worker, means any time when, in accordance with his contract of employment (or other contract personally to do work or perform services), he is required to be at work.
(4) In subsections (1) and (2)—
(a) “trade union services” means services made available to the worker by an independent trade union by virtue of his membership of the union, and
(b) references to a worker’s “making use” of trade union services include his consenting to the raising of a matter on his behalf by an independent trade union of which he is a member.
(5) A worker or former worker may present a complaint to an employment tribunal on the ground that his employer has made him an offer in contravention of this section.
145B Inducements relating to collective bargaining
(1) A worker who is a member of an independent trade union which is recognised, or seeking to be recognised, by his employer has the right not to have an offer made to him by his employer if—
(a) acceptance of the offer, together with other workers' acceptance of offers which the employer also makes to them, would have the prohibited result, and
(b) the employer’s sole or main purpose in making the offers is to achieve that result.
(2) The prohibited result is that the workers' terms of employment, or any of those terms, will not (or will no longer) be determined by collective agreement negotiated by or on behalf of the union.
(3) It is immaterial for the purposes of subsection (1) whether the offers are made to the workers simultaneously.
(4) Having terms of employment determined by collective agreement shall not be regarded for the purposes of section 145A (or section 146 or 152) as making use of a trade union service.
(5) A worker or former worker may present a complaint to an employment tribunal on the ground that his employer has made him an offer in contravention of this section.
(1) An employment tribunal shall not consider a complaint under section 145A or 145B unless it is presented—
(a) before the end of the period of six months beginning with the date when the offer was made or, where the offer is part of a series of similar offers to the complainant, the date when the last of them was made, or
(b) where the tribunal is satisfied that it was not reasonably practicable for the complaint to be presented before the end of that period, within such further period as it considers reasonable.
(2) Section 292A (extension of time limits to facilitate conciliation before institution of proceedings) applies for the purposes of subsection (1)(a).
(1) On a complaint under section 145A it shall be for the employer to show what was his sole or main purpose in making the offer.
(2) On a complaint under section 145B it shall be for the employer to show what was his sole or main purpose in making the offers.
(3) On a complaint under section 145A or 145B, in determining any question whether the employer made the offer (or offers) or the purpose for which he did so, no account shall be taken of any pressure which was exercised on him by calling, organising, procuring or financing a strike or other industrial action, or by threatening to do so; and that question shall be determined as if no such pressure had been exercised.
(4) In determining whether an employer’s sole or main purpose in making offers was the purpose mentioned in section 145B(1), the matters taken into account must include any evidence—
(a) that when the offers were made the employer had recently changed or sought to change, or did not wish to use, arrangements agreed with the union for collective bargaining,
(b) that when the offers were made the employer did not wish to enter into arrangements proposed by the union for collective bargaining, or
(c) that the offers were made only to particular workers, and were made with the sole or main purpose of rewarding those particular workers for their high level of performance or of retaining them because of their special value to the employer.