(1) The appropriate authority may by regulations make provision about the consideration by a Negotiating Body of matters within its remit.
(2) The provision that may be made by regulations under this section includes, among other things—
(a) provision about the circumstances in which the Negotiating Body may, or must, consider a matter within its remit, including (among other things) provision requiring it to consider any matter referred to it by the appropriate authority;
(b) provision specifying, or enabling the appropriate authority to specify, factors to which the Negotiating Body may, or must, have regard when considering a matter;
(c) provision specifying, or enabling the appropriate authority to specify, conditions that must be met in relation to any agreement reached by the Negotiating Body about a matter, including (among others) conditions relating to funding;
(d) provision requiring members of the Negotiating Body to provide the Negotiating Body with information, or information of a specified description, for the purposes of enabling it to consider, or reach an agreement about, a matter;
(e) provision requiring the Negotiating Body, if it reaches an agreement about a matter, to submit the agreement to the appropriate authority;
(f) provision requiring the Negotiating Body to take any specified steps before a date notified to it by the appropriate authority.
(3) In this section “specified” means specified in the regulations.
(1) The appropriate authority may by regulations provide that, in a case where a Negotiating Body submits an agreement to the appropriate authority, the authority may refer the agreement back to the Negotiating Body for reconsideration, or may do so in specified circumstances.
(2) The appropriate authority may by regulations make provision about what happens where an agreement is referred back to a Negotiating Body as mentioned in subsection (1).
(3) The provision that may be made by regulations under subsection (2) includes, among other things—
(a) provision requiring the Negotiating Body to reconsider the agreement;
(b) provision specifying, or enabling the appropriate authority to specify, factors to which the Negotiating Body may, or must, have regard when reconsidering the agreement;
(c) provision specifying, or enabling the appropriate authority to specify, conditions that must be met in relation to any revised agreement reached by the Negotiating Body about a matter, including (among others) conditions relating to funding;
(d) provision requiring members of the Negotiating Body to provide the Negotiating Body with information, or information of a specified description, for the purposes of enabling it to reconsider the agreement;
(e) provision specifying steps which the Negotiating Body may or must take after reconsidering the agreement, including, in particular, submitting the original agreement, or a revised agreement, to the appropriate authority;
(f) provision requiring the Negotiating Body to take any specified steps before a date notified to it by the appropriate authority.
(4) In this section “specified” means specified in the regulations.
(1) The appropriate authority may by regulations make provision about cases where a Negotiating Body is unable to reach an agreement about a matter.
(2) The provision that may be made by regulations under this section includes, among other things—
(a) provision for resolving disagreements about any matter;
(b) provision conferring functions on the appropriate authority or a person specified in the regulations;
(c) provision requiring the Negotiating Body to act in accordance with a decision of the appropriate authority or a person specified in the regulations.
(1) This section applies if a Negotiating Body submits an agreement to the appropriate authority in accordance with regulations under section 43 or 44.
(2) The appropriate authority may make regulations ratifying the agreement—
(a) in full, or
(b) to the extent specified in the regulations.
(1) This section applies if the appropriate authority makes regulations under section 46 ratifying (to any extent) an agreement submitted by a Negotiating Body.
(2) If the agreement relates to a social care worker’s remuneration, the social care worker’s remuneration is to be determined and paid in accordance with the agreement.
(3) A provision of the agreement that relates to any other term or condition of a social care worker’s employment has effect as a term of the social care worker’s contract.
(4) A term of that contract has no effect to the extent that it makes provision that is prohibited by, or is otherwise inconsistent with, the agreement.
(5) Subsections (2) to (4)—
(a) do not apply in relation to a term or condition of a social care worker’s employment if, and to the extent that, giving effect to the agreement would alter the term or condition to the social care worker’s detriment;
(b) do not prevent the terms and conditions of a social care worker’s employment from including a term or condition that is more favourable to the social care worker than that which would otherwise have effect by virtue of those subsections.
48 Power of appropriate authority to deal with matters
(1) This section applies where—
(a) a Negotiating Body notifies the appropriate authority that it has been unable to reach an agreement on a matter referred to it, and
(b) any other specified conditions are met.
In paragraph (b) “specified” means specified in regulations made by the appropriate authority.
(2) The appropriate authority may by regulations make provision about the matter.
(3) Regulations under subsection (2) may provide that the regulations are to have effect for determining the terms and conditions of employment of social care workers to whom the regulations apply.
(4) If the regulations make provision within subsection (3), subsections (5) to (7) apply (but see subsection (8)).
(5) If the regulations relate to a social care worker’s remuneration, the social care worker’s remuneration is to be determined and paid in accordance with the regulations.
(6) A provision of the regulations that relates to any other term or condition of a social care worker’s employment has effect as a term of the social care worker’s contract.
(7) A term of that contract has no effect to the extent that it makes provision that is prohibited by, or is otherwise inconsistent with, the regulations.
(8) Subsections (5) to (7)—
(a) do not apply in relation to a term or condition of a social care worker’s employment if, and to the extent that, giving effect to the regulations would alter the term or condition to the social care worker’s detriment;
(b) do not prevent the terms and conditions of a social care worker’s employment from including a term or condition that is more favourable to the social care worker than that which would otherwise have effect by virtue of those subsections.
(1) The appropriate authority may by regulations make provision about the issuing of guidance or codes of practice by the authority in relation to—
(a) agreements submitted by a Negotiating Body in accordance with regulations under section 43 or 44;
(b) regulations made by the authority under section 48.
(2) Regulations under this section may, among other things—
(a) impose duties on specified persons, or persons of a specified description, in relation to any provision of guidance or a code of practice;
(b) make provision about the consequences of a failure to comply with any duty imposed by virtue of paragraph (a).
(3) The provision that may be made by virtue of subsection (2)(b) includes, among other things, provision for the failure to be taken into account in any proceedings before a court or tribunal, including (among other things) for the purpose of determining the amount of any financial award.
(4) Regulations under this section that by virtue of subsection (2)(b) make provision about the consequences of a failure to comply with a duty imposed by the regulations in relation to a provision of guidance or a code of practice must provide for the guidance or code to be laid before the appropriate legislature and subject to the procedure specified.
(5) In this section—
“the appropriate legislature” means—
in the case of regulations of the Secretary of State, Parliament;
in the case of regulations of the Welsh Ministers, Senedd Cymru;
in the case of regulations of the Scottish Ministers, the Scottish Parliament;
“specified” means specified in the regulations.
(1) For the purposes of this Chapter, the Secretary of State may by regulations make provision requiring employers—
(a) to keep, in a specified form and manner, records of a specified description;
(b) to preserve those records for a specified period.
(2) Regulations under this section may provide for the following provisions of the National Minimum Wage Act 1998 to apply, with or without modifications, in relation to records which an employer is required to keep and preserve by virtue of the regulations—
(a) section 10 (worker’s right of access to records);
(b) section 11 (failure of employer to allow access to records);
(c) section 11A (extension of time limit to facilitate conciliation before institution of proceedings).
(3) Regulations under this section that provide for any of those provisions of that Act to apply in relation to such records may provide for section 49 of that Act (restrictions on contracting out) to apply, with or without modifications, in relation to the application of those provisions by the regulations.
(4) In this section “specified” means specified in the regulations.
(1) This section applies in any case where an individual (the “agency worker”)—
(a) is supplied by a person (the “agent”) to do work for another (the “principal”) under a contract or other arrangements made between the agent and the principal,
(b) is not, as respects that work, a worker, because of the absence of a worker’s contract between the individual and the agent or the principal, and
(c) is not a party to a contract under which the individual undertakes to do the work for another party to the contract whose status is, by virtue of the contract, that of a client or customer of any profession or business undertaking carried on by the individual.
(2) The provisions of this Chapter (other than this section) have effect as if there were a worker’s contract for the doing of the work by the agency worker made between the agency worker and—
(a) whichever of the agent and the principal is responsible for paying the agency worker in respect of the work, or
(b) if neither the agent nor the principal is so responsible, whichever of them pays the agency worker in respect of the work.
(3) For the purposes of Part 2 of the Employment Rights Act 1996 (protection of wages), as it applies in relation to the entitlements conferred by sections 47(2) and 48(5)—
(a) if at any time the agency worker and the person who, as a result of this section, is the person’s employer for the purposes of this Chapter would not (apart from this subsection) be regarded as the worker and the employer for the purposes of that Part, they are to be so regarded;
(b) it is to be assumed that there was a worker’s contract between those persons at that time.
(4) If there would (in the absence of this section) be no worker’s contract between the agency worker and the person who, as a result of this section, is the person’s employer for the purposes of this Chapter, for the purpose of enforcing any entitlement conferred by section 47(2) or (3) or 48(5) or (6) in civil proceedings on a claim in contract it is to be assumed that there is (or was) such a contract between those persons.
(5) Any reference in this section to doing work includes a reference to performing services, and “work” is to be read accordingly.
52 Regulations under section 46 or 48: supplementary
(1) Regulations under section 46 or 48 may make provision that has retrospective effect.
(2) Regulations under section 46 or 48 may make provision by reference to—
(a) an agreement submitted by a Negotiating Body to the appropriate authority, or
(b) any other document.
(3) If regulations under section 46 or 48 make provision by virtue of subsection (2), they must include provision about the publication of the agreement or other document.
(1) Regulations under this Chapter may confer a discretion on a person when dealing with any matter.
(2) Regulations under section 46 are subject to the negative resolution procedure.
(3) Regulations under any other provision of this Chapter are subject to the affirmative resolution procedure.
The Secretary of State may by regulations provide that—
(a) nothing done by a Negotiating Body, or by members of a Negotiating Body acting in that capacity, is to be regarded as collective bargaining for the purposes of section 178 of the Trade Union and Labour Relations (Consolidation) Act 1992;
(b) any reference to a collective agreement within the meaning of that Act does not include an agreement reached by a Negotiating Body.
(1) In this Chapter—
“the appropriate authority” has the meaning given by section 39(5);
“contract of employment” means a contract of service or apprenticeship, whether express or implied, and (if it is express) whether oral or in writing;
“employer”, in relation to a worker, means the person by whom the worker is (or, where the employment has ceased, was) employed;
“employment” means employment under a worker’s contract; and “employed” is to be read accordingly;
“enactment” means—
an Act of Parliament,
a Measure or Act of the National Assembly for Wales or an Act of Senedd Cymru, or
an Act of the Scottish Parliament;
“Negotiating Body” has the meaning given by section 39(5);
“official”, in relation to a trade union, has the meaning given by section 119 of the Trade Union and Labour Relations (Consolidation) Act 1992;
“social care worker” has the meaning given by section 42;
“trade union” has the meaning given by section 1 of the Trade Union and Labour Relations (Consolidation) Act 1992;
“worker” (except in the phrases “agency worker”, “relevant social care worker” and “social care worker”) means an individual who has entered into or works under (or, where the employment has ceased, worked under)—
a contract of employment, or
any other contract, whether express or implied and (if it is express) whether oral or in writing, whereby the individual undertakes to do or perform personally any work or services for another party to the contract whose status is not by virtue of the contract that of a client or customer of any profession or business undertaking carried on by the individual;
and any reference to a worker’s contract is to be read accordingly.
(2) Any reference in this Chapter to an agreement that has been ratified is, in a case where the agreement is ratified in part, a reference to so much of the agreement as has been ratified.
57 International agreements relating to maritime employment
(1) The Merchant Shipping Act 1995 is amended as follows.
(2) After section 84 insert—
Part 3A International agreements relating to maritime employment
International agreements relating to maritime employment
84A (1) The Secretary of State may by regulations make such provision as the Secretary of State considers appropriate for the purpose of giving effect to—
(a) the Maritime Labour Convention, adopted on 23 February 2006 by the International Labour Organisation, as it has effect from time to time;
(b) the Work in Fishing Convention, adopted on 14 June 2007 by the International Labour Organisation, as it has effect from time to time.
(2) The Secretary of State may by regulations make such provision as the Secretary of State considers appropriate for the purpose of giving effect to an international agreement that has been ratified by the United Kingdom, so far as the agreement relates to maritime employment.
(3) The power in subsection (2) to give effect to an agreement so far as it relates to maritime employment includes power to give effect to any amendments of the agreement that relate to maritime employment.
(4) For the purposes of this section, a provision relates to maritime employment if it relates to the terms and conditions of employment or engagement, or working conditions, of masters or seamen.
(5) Section 84B makes further provision with respect to the regulations that may be made under this section.
Regulations under section 84A: supplementary
84B (1) In subsections (2) to (9) “regulations” means regulations under section 84A.
(2) Regulations—
(a) may make provision in terms of approvals given by the Secretary of State or another person and in terms of any document which the Secretary of State or that other person considers relevant;
(b) may provide for the cancellation of an approval given in pursuance of the regulations and for the alteration of the terms of such an approval;
(c) must provide for any approval in pursuance of the regulations to be given in writing and to specify the date on which it takes effect and the conditions (if any) on which it is given.
(3) Regulations may make provision for—
(a) the granting by the Secretary of State or another person of exemptions from specified provisions of the regulations for classes of case or individual cases, on such terms (if any) as the Secretary of State or that other person may specify, and
(b) for the alteration or cancellation of such exemptions.
(4) Regulations may make provision in respect of the checking or monitoring of compliance with any provision of the regulations, including (among other things) provision for—
(a) the making and keeping of records and the keeping of documents;
(b) the issue of certificates;
(c) the furnishing of information.
(5) Regulations may—
(a) provide for the detention of a ship in respect of which a contravention of the regulations is suspected to have occurred;
(b) apply section 284 with or without modifications in relation to such detentions.
(6) Regulations may provide for the contravention of any provision of the regulations to be a criminal offence, but may not provide—
(a) for an offence under the regulations to be punishable on summary conviction with imprisonment;
(b) in relation to Scotland or Northern Ireland—
(i) for an offence under the regulations that is triable only summarily to be punishable by a fine exceeding level 5 on the standard scale;
(ii) for an offence under the regulations that is triable summarily or on indictment to be punishable on summary conviction by a fine exceeding the statutory maximum;
(c) for an offence under the regulations to be punishable on conviction on indictment with imprisonment for a term exceeding two years.
(7) Regulations may provide that, in specified cases, specified persons each commit an offence created by regulations in reliance on subsection (6).
(8) Regulations may—
(a) make different provision for different purposes;
(b) provide for references in the regulations to any specified document to operate as references to that document as revised or re-issued from time to time;
(c) provide for the delegation of functions exercisable by virtue of the regulations.
(9) The power to make regulations includes power to make consequential, supplementary, incidental or transitional provision.
(10) The powers conferred by section 84A to make provision for the purpose of giving effect to an agreement or an amendment of an agreement include power to provide for the provision to come into force although the agreement or amendment has not come into force.
(11) But regulations under section 84A may not provide for provision made for the purpose of giving effect to an agreement, or an amendment of an agreement, to come into force—
(a) before the United Kingdom has ratified the agreement, or
(b) in a case where—
(i) the provision is for the purpose of giving effect to an amendment of an agreement, and
(ii) the United Kingdom would not be required to give effect to the amendment until it had been ratified by the United Kingdom,
before the United Kingdom has ratified the amendment.
(12) Nothing in subsections (2) to (10) of this section is to be construed as restricting the generality of the powers conferred by section 84A.
(13) A statutory instrument which contains (whether alone or with other provision) regulations under section 84A(2) may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament.
(3) In section 306 (regulations etc), in subsection (2A)(a), after “section” insert “84A(2),”.
(1) The Trade Union and Labour Relations (Consolidation) Act 1992 is amended in accordance with subsections (2) to (6).
(2) In Part 3 (rights in relation to trade union membership and activities), before section 137 (and the italic heading before it) insert—
Statement of trade union rights
Right to statement of trade union rights
136A (1) A worker’s employer must give the worker a written statement that the worker has the right to join a trade union.
(2) The statement must be given—
(a) at the same time as the employer gives the worker a statement under section 1 of the 1996 Act (statement of employment particulars);
(b) at other prescribed times.
(3) The Secretary of State may prescribe—
(a) information that must be included in the statement;
(b) the form which the statement must take;
(c) the manner in which the statement must be given.
(4) The information prescribed may include that the worker has rights conferred by this Part.
(5) For the purposes of this section—
(a) “worker” and “employer” have the same meaning as in the 1996 Act (see section 230 of that Act);
(b) in a case where an employer gives a worker a statement under section 1 of the 1996 Act in instalments (see section 2(4) of that Act), that statement is to be treated as given when the first instalment is given;
(c) “the 1996 Act” means the Employment Rights Act 1996.
(6) Regulations prescribing anything for the purposes of this section (see section 293(1)) may make different provision for different purposes.
(7) See section 38 of the Employment Act 2002 for the effect of failing to give a statement in accordance with this section.
(3) In section 284 (exceptions for share fishermen)—
(a) after “in the case of” insert “section 136A and”;
(b) before “sections 137 to 143” insert—
section 136A (right to statement of trade union rights),
.
(4) In section 285 (exceptions for employment outside Great Britain)—
(a) in subsection (1), before “sections 137 to 143” insert—
section 136A (right to statement of trade union rights),
;
(b) in subsection (1A), for “Sections 145A to 151” substitute “Section 136A, and sections 145A to 151,”.
(5) In section 286 (power to provide for other exceptions), before “sections 145A to 151” insert “section 136A (right to statement of trade union rights) and”.
(6) In section 296 (meaning of “worker”), in subsection (3), after “68(4),” insert “136A(5),”.
(7) In section 38 of the Employment Act 2002 (failure to give statement of employment particulars etc)—
(a) in subsection (2)(b), after “duty to the worker” insert “under section 136A of the Trade Union and Labour Relations (Consolidation) Act 1992 (duty to give a written statement of trade union rights),”;
(b) in subsection (3)(b), after “duty to the worker” insert “under section 136A of the Trade Union and Labour Relations (Consolidation) Act 1992,”.
(1) The Trade Union and Labour Relations (Consolidation) Act 1992 is amended in accordance with subsections (2) to (6).
(2) In Part 1 (trade unions), before Chapter 5A insert—
Chapter 5ZA Right of trade unions to access workplaces
Access agreements: general
Access agreements
70ZA (1) This section applies for the purposes of this Chapter.
(2) An “access agreement” is an agreement between a qualifying trade union and an employer that—
(a) provides for one or more officials of the union to physically enter a workplace or communicate with workers (or both) for any of the access purposes, and
(b) is entered into under section 70ZD or is treated as having been entered into under section 70ZE.
(3) A “qualifying trade union” is a trade union that has a certificate of independence.
(4) “Access” means—
(a) physical entry into a workplace;
(b) communication with workers.
(5) A reference to communication with workers is a reference to communication with workers (including the provision of information to workers) by any means, whether directly or indirectly.
(6) The “access purposes” are—
(a) to meet, support, represent, recruit or organise workers (whether or not they are members of a trade union);
(b) to facilitate collective bargaining.
(7) But the access purposes do not include organising industrial action.
(8) Sections 70ZB to 70ZF contain provision about entering into access agreements.
(9) Section 70ZG contains provision about the variation or revocation of access agreements.
(10) Sections 70ZH to 70ZK contain provision about the enforcement of access agreements.
(11) Section 70ZL contains general limitations on the provision that may be made under this Chapter, including in access agreements.
Entering into access agreements
Access requests and response notices
70ZB (1) A qualifying trade union may give an employer a request for access by one or more officials of the union for any of the access purposes.
(2) A request under subsection (1)—
(a) may request access on one or more occasions;
(b) may include the terms on which access is requested (including as to what (if any) assistance the employer is requested to provide in relation to the access).
(3) A request under subsection (1) must—
(a) be in the prescribed form;
(b) include the prescribed information;
(c) be given in the prescribed manner.
(4) An employer that has been given a request under subsection (1) may give the union a notice agreeing with the request or disagreeing with the request (in whole or in part).
(5) A notice under subsection (4) must—
(a) be in the prescribed form;
(b) include the prescribed information;
(c) be given in the prescribed manner.
(6) In this Chapter—
“access request” means a request under subsection (1) given in accordance with subsection (3);
“response notice” means a notice under subsection (4) given in accordance with subsection (5).
Response period and negotiation period
70ZC In sections 70ZD and 70ZE—
(a) “the response period” means a prescribed period beginning with the day on which an access request is given;
(b) “the negotiation period” means a prescribed period beginning with the day on which a response notice is given.
Entering into access agreement by negotiation
70ZD (1) An access agreement is entered into under this section if—
(a) a qualifying trade union gives an access request to an employer,
(b) the employer gives the union a response notice before the end of the response period,
(c) before the end of the negotiation period, the union and the employer agree in writing terms on which officials of the union are to have access, and
(d) the union and the employer jointly notify the Central Arbitration Committee of those terms in the prescribed form and manner.
(2) See section 70ZE for the case where an access agreement is treated as being entered into by virtue of a determination of the Central Arbitration Committee.
Determinations by the Central Arbitration Committee
70ZE (1) This section applies if a qualifying trade union has given an access request to an employer and either—
(a) the employer has not given a response notice to the union before the end of the response period, or
(b) the employer has given a response notice before the end of the response period and the negotiation period has ended without the union and the employer agreeing in writing terms on which officials of the union are to have access.
(2) The Central Arbitration Committee may, on an application under this section, make a determination that officials of the union are or are not to have access.
(3) If the Central Arbitration Committee makes a determination that officials of the union are to have access—
(a) the determination must specify the terms on which officials of the union are to have access (including as to what (if any) assistance the employer must provide in relation to the access), and
(b) an access agreement containing those terms (and no others) is treated as having been entered into between the union and the employer.
(4) An application for a determination under this section may be made—
(a) by the union, in the case referred to in subsection (1)(a);
(b) by the union or the employer, in the case referred to in subsection (1)(b).
(5) An application for a determination under this section—
(a) must be in writing and in such form as the Central Arbitration Committee may require;
(b) may not be made after the end of a prescribed period beginning with the day on which the access request is given.
(6) In considering an application for a determination under this section, the Central Arbitration Committee—
(a) may make such enquiries as it sees fit;
(b) may make reasonable requests to provide information or documents relevant to the application;
(c) so far as reasonably practicable, must give any person who it considers has a proper interest in the application an opportunity to be heard.
(7) A determination under this section must—
(a) be in writing, and
(b) state the reasons for the determination.
(8) Section 70ZF makes further provision about determinations under this section.
Determinations by the Central Arbitration Committee: further provision
70ZF (1) Subject to regulations under this section, a determination by the Central Arbitration Committee under section 70ZE must be consistent with the access principles.
(2) The access principles are—
(a) officials of a qualifying trade union should be able to physically enter a workplace or communicate with workers (or both) for any of the access purposes in any manner that does not unreasonably interfere with the employer’s business;
(b) an employer should take reasonable steps to facilitate access by officials of a qualifying trade union;
(c) physical entry into a workplace should not be refused solely on the basis that communication with workers by means not involving physical entry into a workplace is permitted;
(d) communication with workers by means not involving physical entry into a workplace should not be refused solely on the basis that physical entry into a workplace is permitted;
(e) access should be refused entirely only where it is reasonable in all the circumstances to do so.
(3) The Secretary of State may prescribe terms of an access agreement that the Central Arbitration Committee must consider to be terms that—
(a) would not unreasonably interfere with an employer’s business;
(b) would constitute reasonable steps that an employer should take to facilitate access;
(c) it would be reasonable for a union to comply with.
(4) The Secretary of State may prescribe—
(a) circumstances in which it is to be regarded as reasonable for the Central Arbitration Committee to make a determination that officials of a union that has given an access request to an employer are not to have access;
(b) circumstances in which the Central Arbitration Committee must make such a determination.
(5) The circumstances referred to in subsection (4) may be prescribed by reference to (among other matters)—
(a) the description of business carried on by the employer;
(b) the number of workers employed by the employer;
(c) the number of workers employed by the employer, or of a particular description, that are members of the union;
(d) a description of workplace;
(e) a description of workers;
(f) the ability of the employer to facilitate access;
(g) avoiding prejudice to the prevention or detection of offences;
(h) national security.
(6) The Secretary of State may prescribe matters to which the Central Arbitration Committee must have regard in considering an application for a determination under section 70ZE.
Variation and revocation of access agreements
Variation and revocation of access agreements
70ZG (1) The parties to an access agreement may at any time vary or revoke the agreement.
(2) A variation or revocation of an access agreement must be in writing.
(3) An access agreement that is varied under this section continues to have effect as an access agreement for the purposes of this Chapter.
(4) The effect of an access agreement being revoked is that it ceases to be an access agreement for the purposes of this Chapter.
(5) A variation or revocation of an access agreement takes effect—
(a) only if the parties jointly notify the Central Arbitration Committee of the variation or revocation in the prescribed form and manner;
(b) only in respect of times after the day on which the Central Arbitration Committee is so notified.
Enforcement of access agreements
Enforcement of access agreements: initial complaint
70ZH (1) A party to an access agreement may make a complaint to the Central Arbitration Committee on the ground that—
(a) the other party has breached the agreement;
(b) a person that is not a party to the agreement has taken or is taking steps to prevent access, or has prevented access, from taking place in accordance with the agreement.
(2) A complaint under subsection (1) must be made before the end of the period of three months beginning with the day on which the matter complained of is alleged to have occurred.
(3) On a complaint under subsection (1), the Central Arbitration Committee may—
(a) vary the agreement;
(b) make a declaration that the complaint is or is not well-founded;
(c) if it makes a declaration that the complaint is well-founded, make an order requiring a person to take any steps specified in the order for the purposes of ensuring that access takes place in accordance with the agreement.
(4) An access agreement that is varied under subsection (3)(a) continues to have effect as an access agreement for the purposes of this Chapter.
(5) An order under subsection (3)(c) may, where it appears to the Central Arbitration Committee necessary or appropriate to do so, make provision different from that made in the agreement.
(6) A declaration or order made by the Central Arbitration Committee under this section must—
(a) be in writing, and
(b) state the reasons for the declaration or order.
(7) For the purposes of this section, a reference to a person taking steps includes a reference to a person not doing something.
Enforcement of access agreements: subsequent complaint
70ZI (1) This section applies where the Central Arbitration Committee has made a declaration under section 70ZH(3) that a complaint about a person is well-founded.
(2) A party to an access agreement may make a complaint to the Central Arbitration Committee on any of the following grounds—
(a) that the person has, before the end of the relevant period, carried out the conduct complained of under section 70ZH again;
(b) where the complaint under section 70ZH was that the person breached the agreement, that the person has, before the end of the relevant period, breached the agreement again (whether or not in the way complained of under section 70ZH);
(c) that the person has breached an order under section 70ZH(3)(c).
(3) In subsection (2), “the relevant period” means the period of 12 months beginning with the date of the declaration.
(4) A complaint under subsection (2) must be made before the end of the period of three months beginning with the day on which the alleged conduct occurs.
(5) On a complaint about a person under subsection (2), the Central Arbitration Committee may—
(a) make a declaration that the complaint is or is not well-founded;
(b) if it makes a declaration that the complaint is well-founded, make an order requiring the person to pay an amount to the Central Arbitration Committee.
(6) An amount payable under subsection (5)(b) may be any amount that the Central Arbitration Committee considers appropriate, subject to regulations under section 70ZJ.
(7) A declaration or order made by the Central Arbitration Committee under this section must—
(a) be in writing, and
(b) state the reasons for the declaration or order.
(8) A declaration or order made by the Central Arbitration Committee under subsection (5) may be relied on (and enforced by the Central Arbitration Committee or a party to the access agreement) as if it were a declaration or order made by the court.
(9) The Central Arbitration Committee must pay into the Consolidated Fund any amounts received under subsection (5)(b).
(10) For the purposes of this section, a reference to conduct includes a reference to a person not doing something.
Power to make provision about amounts payable under section 70ZI
70ZJ (1) The Secretary of State may prescribe that an amount payable under section 70ZI(5)(b)—
(a) must be at least a prescribed amount;
(b) may not exceed a prescribed amount.
(2) An amount may be prescribed under subsection (1)(a) or (b)—
(a) as a fixed amount;
(b) by reference to one or more prescribed factors;
(c) as the highest or lowest of two or more prescribed amounts, whether prescribed as fixed amounts or by reference to one or more prescribed factors.
(3) The factors that may be prescribed under subsection (2)(b) or (c) include (among others)—
(a) the nature of the complaint under section 70ZI(2) against the person required to pay the amount (the “liable party”);
(b) whether the liable party has previously been subject to a complaint under section 70ZH(1) or 70ZI(2), or a prescribed number of such complaints, declared by the Central Arbitration Committee to be well-founded;
(c) whether the liable party is of a prescribed description;
(d) in the case of a liable party that is an undertaking, the turnover of the liable party in a prescribed period, including (in particular) worldwide, European or United Kingdom turnover;
(e) in the case of a liable party that is an employer—
(i) the number of workers employed by the liable party, or
(ii) the number of workers of a prescribed description employed by the liable party;
(f) in the case of a liable party that is a trade union, the number of members that the liable party has.
(4) The Secretary of State may prescribe matters to which the Central Arbitration Committee must have regard in considering what amount is payable under section 70ZI(5)(b).
Enforcement of access agreements: supplementary provision
70ZK (1) An access agreement—
(a) is enforceable only by means of a complaint under section 70ZH or 70ZI, and not by any other means;
(b) in particular, is to be conclusively presumed not to have been intended by the parties to be a legally enforceable contract.
(2) Accordingly, where an access agreement is, or is part of, a collective agreement, section 179(2) and (3)(a) do not apply to the access agreement.
(3) A complaint under section 70ZH or 70ZI must be in writing and in such form as the Central Arbitration Committee may require.
(4) In its consideration of a complaint under section 70ZH or 70ZI, the Central Arbitration Committee—
(a) may make such enquiries as it sees fit;
(b) may make reasonable requests to provide information or documents relevant to the complaint;
(c) so far as reasonably practicable, must give any person who it considers has a proper interest in the complaint an opportunity to be heard.
(5) The Central Arbitration Committee may draw an adverse inference from a person’s failure to comply with any reasonable request to provide information or documents relevant to a complaint under section 70ZH or 70ZI.
General limitations on access agreements etc
General limitations on access agreements etc
70ZL (1) Nothing in this Chapter requires or authorises any of the following (each, a “prohibited activity”)—
(a) physical entry by any person into a dwelling;
(b) a disclosure of personal data without the consent of the data subject;
(c) a disclosure of information that would contravene the data protection legislation (but, in determining whether a disclosure would do so, the provisions of this Chapter are to be taken into account).
(2) Accordingly—
(a) a term of an access agreement entered into under section 70ZD that requires or authorises a prohibited activity is of no effect for the purposes of this Chapter;
(b) the Central Arbitration Committee may not specify as a term of an access agreement under section 70ZE any term that would require or authorise a prohibited activity;
(c) the Central Arbitration Committee may not exercise any function under sections 70ZH to 70ZK so as to require or authorise a prohibited activity.
(3) In this section—
(a) “consent” has the same meaning as in the UK GDPR (see Article 4(11) of the UK GDPR);
(b) “personal data”, “data subject”, “the data protection legislation” and “the UK GDPR” have the same meaning as in the Data Protection Act 2018 (see section 3 of that Act).
Appeals to the Employment Appeal Tribunal
Appeals to the Employment Appeal Tribunal
70ZM (1) An appeal lies to the Employment Appeal Tribunal on any question of law arising from any determination, declaration or order of, or arising in any proceedings before, the Central Arbitration Committee under this Chapter.
(2) Where the Central Arbitration Committee makes an order under section 70ZI(5)(b) for a person to pay an amount to the Central Arbitration Committee, the person may appeal against the order.
(3) On an appeal under subsection (2), the Employment Appeal Tribunal may—
(a) quash the order;
(b) make an order requiring the person to pay a reduced amount to the Central Arbitration Committee;
(c) dismiss the appeal.
(4) The Central Arbitration Committee must pay into the Consolidated Fund any amounts received under subsection (3)(b).
Regulations
Regulations under this Chapter
70ZN Regulations prescribing anything for the purposes of this Chapter (see section 293(1)) may make different provision for different purposes.
(3) In section 263 (proceedings of the Central Arbitration Committee)—
(a) in subsection (4), omit “or, in Scotland, an oversman”;
(b) after subsection (6) insert—
(6A) In relation to the discharge of the Committee’s functions under section 70ZE—
(a) section 263ZA and subsection (6) apply, and
(b) subsections (1) to (5) do not apply.
;
(c) in subsection (7), before “Schedule A1” insert “section 70ZH or 70ZI or”;
(d) after subsection (7) insert—
(8) The reference in subsection (7) to the Committee’s functions under Schedule A1 does not include a reference to its functions under paragraph 166 of that Schedule.
(4) After section 263 insert—
Proceedings of the Committee under section 70ZE
263ZA (1) For the purpose of discharging its functions under section 70ZE in any particular case, the Central Arbitration Committee is to consist of—
(a) one member of the Committee, or
(b) a panel of three members of the Committee,
as the chairman of the Committee may direct.
(2) In deciding what direction to make under subsection (1), the chairman of the Committee must have regard to the complexity of the case, with a view to directing that the Committee is to consist of one member only in cases which the chairman considers are less complex.
(3) For those purposes, the chairman must in particular—
(a) consider whether any terms proposed as terms on which officials of a qualifying trade union are to have access are prescribed under section 70ZF(3), and
(b) consider whether, if any of those terms are so prescribed, that fact reduces the complexity of the case, having regard to any other terms so proposed.
(4) In subsection (3), “qualifying trade union” and “access” have the same meaning as in Chapter 5ZA of Part 1 (see section 70ZA).
(5) The chairman of the Committee may amend a direction under subsection (1) at any time.
(6) If a direction under subsection (1) is amended—
(a) the amendment does not affect anything done by the Committee before the amendment;
(b) anything done by the Committee before the amendment is to be treated as having been done by the Committee as it is constituted after the amendment.
(7) If the Committee consists of one member of the Committee—
(a) the member is to be appointed by the chairman of the Committee;
(b) the member is not required to be the chairman or a deputy chairman of the Committee;
(c) the member may at the member’s discretion sit in private where it appears expedient to do so.
(8) If the Committee consists of a panel of three members of the Committee—
(a) the panel is to be appointed by the chairman of the Committee;
(b) the panel is to consist of the following members—
(i) the chairman or a deputy chairman of the Committee;
(ii) a member of the Committee whose experience is as a representative of employers;
(iii) a member of the Committee whose experience is as a representative of workers;
(c) the panel is to be chaired by the chairman or the deputy chairman of the Committee;
(d) the panel may at the discretion of its chairman sit in private where it appears expedient to do so.
(9) If—
(a) a panel cannot reach a unanimous decision on a question arising before it, and
(b) a majority of the panel have the same opinion,
the question is to be decided according to that opinion.
(10) If—
(a) a panel cannot reach a unanimous decision on a question arising before it, and
(b) a majority of the panel do not have the same opinion,
the chairman of the panel may decide the question acting with the full powers of an umpire.
(11) Subject to the provisions of this section, the Committee may determine its own procedure.
(5) In section 263A (proceedings of the Central Arbitration Committee under Schedule A1)—
(a) for the heading substitute “Proceedings of the Committee: other special cases”;
(b) in subsection (1), for “under Schedule A1” substitute “in relation to which this section applies (see section 263(7))”;
(c) in subsection (6), omit “or, in Scotland, an oversman”;
(d) omit subsection (8).
(6) In section 264 (awards of the Central Arbitration Committee)—
(a) in the heading, after “Awards” insert “etc”;
(b) in subsection (1), after “award,” insert “in any determination, declaration, order or other decision of the Committee under Chapter 5ZA of Part 1,”;
(c) after subsection (2) insert—
(2A) Subsection (2) does not apply in relation to Chapter 5ZA of Part 1.
(7) In Schedule 1 to the Employment Relations Act 2004 (minor and consequential amendments), omit paragraph 15.
61 Political funds: requirement to pass political resolution
In section 73 of the Trade Union and Labour Relations (Consolidation) Act 1992 (passing and effect of political resolution)—
(a) omit subsection (3);
(b) in subsection (4), for “before the end of that period” substitute “a political resolution (“the old resolution”) is in force and”.
(1) The Trade Union and Labour Relations (Consolidation) Act 1992 is amended in accordance with subsections (2) to (6).
(2) In section 82 (rules as to political fund), in subsection (1)(ca)(i), for “opt to be” substitute “opt out of being”.
(3) For sections 84 (contributions to political fund from members of a union) and 84A (information to members about contributing to political fund) substitute—
Contributors to political fund
84 (1) For the purposes of this Act, a member of a trade union is a “contributor” to the political fund of the union unless an opt-out notice given by the member to the union has effect (see subsection (3)).
(2) An “opt-out notice” is a notice that the member opts out of being a contributor.
(3) An opt-out notice has effect on and after the relevant day unless the member withdraws the notice.
(4) In subsection (3), “the relevant day” means—
(a) in a case where—
(i) a political resolution is passed on a ballot held at a time when no such resolution is in force, and
(ii) the opt-out notice is given before the end of the period of four weeks beginning with the day on which an opt-out information notice is given to the member under section 84A,
the day on which the opt-out notice is given;
(b) in any other case, the earlier of—
(i) a day specified in, or determined in accordance with, the rules of the union, and
(ii) 1 January in the year following the year in which the opt-out notice is given.
(5) A member of a trade union withdraws an opt-out notice by giving the union notice of the withdrawal (a “withdrawal notice”).
(6) A member of a trade union may give an opt-out notice or a withdrawal notice—
(a) by delivering it (either personally or by an authorised agent or by post) at the head office or a branch office of the union;
(b) by sending it by email to an address that the union has told its members can be used for sending such notices;
(c) by completing an electronic form provided by the union which sets out the notice, and sending it to the union by electronic means in accordance with instructions given by the union;
(d) by such other electronic means as may be prescribed.
(7) The Secretary of State must, before the end of the period of three months beginning with the day on which this section comes into force, publish guidance about the kind of provision which the Secretary of State considers it is appropriate for the rules of a trade union to make for the purposes of subsection (4)(b)(i).
(8) The Secretary of State—
(a) may from time to time revise guidance published under subsection (7);
(b) must publish any revisions of that guidance.
Opt-out information notices
84A (1) A trade union must give an opt-out information notice to each member of the union—
(a) within the period of eight weeks beginning with the day after the day on which a political resolution is passed by the members of the union under section 73, and
(b) within the period of eight weeks beginning with the end of—
(i) the period of ten years beginning with the day on which a political resolution is passed, and
(ii) each successive period of ten years,
unless during that period of ten years the political resolution is rescinded or otherwise ceases to have effect.
(2) An “opt-out information notice” is a notice stating that—
(a) each member of the union has the right not to be a contributor to the political fund of the union, and
(b) a member may exercise that right by giving an opt-out notice under section 84.
(3) An opt-out information notice must be given in accordance with rules of the union approved for the purpose by the Certification Officer.
(4) In deciding whether to approve those rules, the Certification Officer must have regard in each case to the existing practice and character of the union.
(5) As soon as is reasonably practicable after the end of any period of eight weeks within which an opt-out information notice must be given, a trade union must send to the Certification Officer a copy of—
(a) the opt-out information notice, or
(b) if there is more than one form of opt-out information notice, each form of notice.
(6) A member of a trade union who claims that the union has failed to comply with this section may complain to the Certification Officer.
(7) Where the Certification Officer is satisfied on a complaint under subsection (6) that a trade union has failed to comply with this section, the Officer may make such order for remedying the failure as the Officer thinks just under the circumstances.
(8) Before deciding the matter the Certification Officer—
(a) may make such enquiries as the Officer thinks fit;
(b) must give the union and the member making the complaint an opportunity to make written representations;
(c) may give the union and the member making the complaint an opportunity to make oral representations.
(9) An order made by the Certification Officer under this section may be enforced by the Certification Officer in the same way as an order of the court.
(4) In section 86 (employer not to deduct contributions where member gives certificate), in subsection (1), for “, he is not a contributor to the fund,” substitute
—
(a) the member is not a contributor to the fund, or
(b) the member has given the union an opt-out notice but it does not yet have effect,
.
(5) In section 94 (overseas members of trade union)—
(a) in subsection (1), at the end of paragraph (a) insert
, and
(b) rules made by the union for the purpose of complying with section 84A (opt-out information notices) may provide for opt-out information notices not to be given by the union to its overseas members.
;
(b) in subsection (2), after “rules” insert “; and where provision is made in accordance with subsection (1)(b), section 84A(1) is not to be taken to require opt-out information notices to be given to overseas members.”
(6) In section 299 (index of defined expressions), in the entry for “contributor”, for “84(5)” substitute “84(1)”.
(7) In consequence of the amendments made by subsections (2) to (6), in the Trade Union Act 2016—
(a) in section 11, omit subsections (1), (2) and (5) to (8);
(b) in Schedule 4—
(i) in paragraph 7, omit sub-paragraph (3);
(ii) omit paragraph 9.
63 Deduction of trade union subscriptions from wages in public sector
(1) In the Trade Union and Labour Relations (Consolidation) Act 1992—
(a) omit section 116B (restriction on deduction of union subscriptions from wages in public sector) and the italic heading before it;
(b) in section 296 (meaning of “worker” and related expressions), in subsection (3), omit “116B(10),”.
(2) In consequence of the amendments made by subsection (1), omit section 15 of the Trade Union Act 2016.
64 Facilities provided to trade union officials and learning representatives
(1) The Trade Union and Labour Relations (Consolidation) Act 1992 is amended in accordance with subsections (2) to (6).
(2) In section 168 (time off for carrying out trade union duties)—
(a) after subsection (3) insert—
(3A) An employer that permits an employee to take time off as required by this section must, where requested by the employee, provide the employee with such accommodation and other facilities for carrying out the duties or undergoing the training for which the employee takes time off as is reasonable in all the circumstances, having regard to any relevant provisions of a Code of Practice issued by ACAS.
;
(b) for subsection (4) substitute—
(4) An employee may present a complaint to an employment tribunal that the employer has failed—
(a) to permit the employee to take time off, or
(b) to provide the employee with facilities,
as required by this section.
(5) On a complaint under subsection (4)(a), it is for the employer to show that the amount of time off which the employee proposed to take was not a reasonable amount of time off.
(3) In section 168A (time off for union learning representatives)—
(a) after subsection (8) insert—
(8A) An employer that permits an employee to take time off as required by this section must, where requested by the employee, provide the employee with such accommodation and other facilities for the purposes for which the employee takes time off as is reasonable in all the circumstances, having regard to any relevant provisions of a Code of Practice issued by ACAS.
;
(b) for subsection (9) substitute—
(9) An employee may present a complaint to an employment tribunal that the employer has failed—
(a) to permit the employee to take time off, or
(b) to provide the employee with facilities,
as required by this section.
(10) On a complaint under subsection (9)(a), it is for the employer to show that the amount of time off which the employee proposed to take was not a reasonable amount of time off.
(4) In section 172 (remedies), in subsection (2), omit “in failing to permit time off to be taken by the employee”.
(5) In section 199 (issue of Codes of Practice by ACAS), in subsection (2)(a), after “time off” insert “and facilities”.
(6) In section 200 (procedure for issue of Code by ACAS), in subsection (3)(a), after “time off” insert “and facilities”.
(7) In section 10 of the Employment Relations Act 1999 (right to be accompanied), in subsection (7), for “and (4)” substitute “, (4) and (5)”.
(1) The Trade Union and Labour Relations (Consolidation) Act 1992 is amended in accordance with subsections (2) to (10).
(2) After section 168A insert—
Time off for union equality representatives
168B (1) An employer must permit an employee who is—
(a) a member of an independent trade union recognised by the employer, and
(b) an equality representative of the trade union,
to take time off during the employee’s working hours for any of the following purposes.
(2) The purposes are—
(a) carrying out activities for the purpose of promoting the value of equality in the workplace;
(b) arranging learning or training on matters relating to equality in the workplace;
(c) providing information, advice or support to qualifying members of the trade union in relation to matters relating to equality in the workplace;
(d) consulting with the employer on matters relating to equality in the workplace;
(e) obtaining and analysing information relating to equality in the workplace;
(f) preparing for any of the things mentioned in paragraphs (a) to (e).
(3) Subsection (1) applies only if—
(a) the trade union has given the employer notice in writing that the employee is an equality representative of the union, and
(b) the training condition is met in relation to the employee.
(4) The training condition is met if—
(a) the employee has undergone sufficient training to enable the employee to carry on activities mentioned in subsection (2), and the trade union has given the employer notice in writing of that fact,
(b) the trade union has in the last six months given the employer notice in writing that the employee will be undergoing such training, or
(c) within six months of the trade union giving the employer notice in writing that the employee will be undergoing such training, the employee has done so, and the trade union has given the employer notice of that fact.
(5) Only one notice under subsection (4)(b) may be given in respect of any one employee.
(6) References in subsection (4) to sufficient training to carry out activities mentioned in subsection (2) are to training that is sufficient for those purposes having regard to any relevant provision of a Code of Practice issued by ACAS or the Secretary of State.
(7) If an employer is required to permit an employee to take time off under subsection (1), the employer must also permit the employee to take time off during the employee’s working hours for the following purposes—
(a) undergoing training which is relevant to the employee’s functions as an equality representative, and
(b) where the trade union has in the last six months given the employer notice under subsection (4)(b) in relation to the employee, undergoing such training as is mentioned in subsection (4)(a).
(8) The amount of time off which an employee is to be permitted to take under this section and the purposes for which, the occasions on which and any conditions subject to which time off may be so taken are those that are reasonable in all the circumstances, having regard to any relevant provision of a Code of Practice issued by ACAS or the Secretary of State.
(9) An employer that permits an employee to take time off as required by this section must, where requested by the employee, provide the employee with such accommodation and other facilities in relation to the purposes for which the employee takes time off as is reasonable in all the circumstances, having regard to any relevant provisions of a Code of Practice issued by ACAS.
(10) An employee may present a complaint to an employment tribunal that the employer has failed—
(a) to permit the employee to take time off, or
(b) to provide the employee with facilities,
as required by this section.
(11) On a complaint under subsection (10)(a), it is for the employer to show that the amount of time off which the employee proposed to take was not a reasonable amount of time off.
(12) For the purposes of this section—
(a) a person is an equality representative of a trade union if the person is appointed or elected as such in accordance with its rules;
(b) “equality”, in relation to a workplace, means—
(i) the elimination of discrimination, harassment and victimisation, each of which is to be read in accordance with the Equality Act 2010, and of any other conduct that is prohibited by or under that Act;
(ii) the advancement of equality of opportunity between persons who share a relevant protected characteristic and persons who do not share it;
(iii) the fostering of good relations between persons who share a relevant protected characteristic and persons who do not share it;
(c) “relevant protected characteristic” means age, disability, gender reassignment, pregnancy and maternity, race, religion or belief, sex or sexual orientation, each of which is to be read in accordance with the Equality Act 2010;
(d) a reference to qualifying members of the trade union is a reference to members of the trade union—
(i) who are employees of the employer of a description in respect of which the union is recognised by the employer, and
(ii) in relation to whom it is the function of the equality representative to act as such.
(3) In section 169 (payment for time off)—
(a) in the heading, for “section 168” substitute “sections 168 to 168B”;
(b) in subsection (1), for “or 168A” substitute “, 168A or 168B”.
(4) In section 170 (time off for trade union activities)—
(a) in subsection (2A), after “learning representative” insert “or an equality representative”;
(b) in subsection (2B), after “learning representative” insert “or an equality representative”;
(c) in subsection (2C)—
(i) after “applies” insert
—
(a) in relation to a learning representative,
;
(ii) at the end insert—
(b) in relation to an equality representative, if the equality representative would be entitled to time off under subsection (1) of section 168B for the purpose of carrying on in relation to the employee activities of the kind mentioned in subsection (2) of that section.
;
(d) in subsection (5)—
(i) in paragraph (a), after “learning representative” insert “or an equality representative”;
(ii) omit the “and” at the end of paragraph (a);
(iii) after paragraph (b) insert
, and
(c) a person who is an equality representative of a trade union acts as such if the person carries on the activities mentioned in section 168B(2) in that capacity.
(5) In section 171 (time off: time limit for proceedings), in subsection (1), after “168A,” insert “168B,”.
(6) In section 172 (time off: remedies), in subsection (1), after “168A” insert “, 168B”.
(7) In section 173 (interpretation and other supplementary provisions)—
(a) in subsection (1), after “168A” insert “, 168B”;
(b) in subsection (2), after “168A,” insert “168B,”;
(c) in subsection (3), after “168A” insert “or 168B”.
(8) In section 199 (issue of Codes of Practice by ACAS), in subsection (1), after “learning representatives” insert “or equality representatives”.
(9) In section 200 (procedure for issue of Code by ACAS), in subsection (3)—
(a) omit the “or” at the end of paragraph (b);
(b) after paragraph (b) insert—
(ba) on the time off and facilities to be permitted to a trade union equality representative in accordance with section 168B (time off for training and carrying out functions as an equality representative),
(bb) on the training that is sufficient to enable a trade union equality representative to carry on the activities mentioned in section 168B(2) (activities for which time off is to be permitted), or
.
(10) In section 203 (issue of Codes of Practice by Secretary of State), in subsection (1)(b), after “learning representatives” insert “or equality representatives”.
(11) In section 18 of the Employment Tribunals Act 1996 (conciliation: relevant proceedings), in subsection (1)(a), after “168A,” insert “168B,”.
(12) In section 104 of the Employment Rights Act 1996 (unfair dismissal for assertion of statutory rights), in subsection (4)(c), after “168A,” insert “168B,”.
66 Facility time: publication requirements and reserve powers
(1) In the Trade Union and Labour Relations (Consolidation) Act 1992—
(a) omit section 172A (publication requirements in relation to facility time);
(b) omit section 172B (reserve powers in relation to facility time).
(2) In consequence of the amendments made by subsection (1), omit sections 13 and 14 of the Trade Union Act 2016.
(1) Section 3 of the Employment Relations Act 1999 (blacklists) is amended as follows.
(2) In subsection (1)(b), omit “by employers or employment agencies”.
(3) After subsection (2) insert—
(2A) The Secretary of State may make regulations prohibiting—
(a) the use of lists which contain details of members of trade unions, or persons who have taken part in the activities of trade unions, for the purposes of discrimination in relation to recruitment or in relation to the treatment of workers;
(b) the sale or supply of such lists with a view to being used for those purposes.
(4) In subsection (3)—
(a) before paragraph (a) insert—
(za) make provision for a person who causes another person to do something to be treated as doing that thing;
;
(b) in paragraph (e), after “subsection (1)” insert “or (2A)”.
(1) The Trade Union and Labour Relations (Consolidation) Act 1992 is amended in accordance with subsections (2) and (3).
(2) In section 226 (requirement of ballot before action by trade union)—
(a) in subsection (2)(a)(iii), for “the required number of persons (see subsections (2A) to (2C))” substitute “the majority voting in the ballot”;
(b) omit subsections (2A) to (2F).
(3) In section 231 (information for members as to result of ballot)—
(a) insert “and” at the end of paragraph (e);
(b) omit paragraph (g) (and the “and” before it).
(4) In consequence of the amendments made by subsection (2), omit section 3 of the Trade Union Act 2016.
70 Industrial action ballots: information to be included in notices to employers
In section 226A of the Trade Union and Labour Relations (Consolidation) Act 1992 (notice of ballot and sample voting paper for employers)—
(a) in subsection (2)(c)—
(i) in sub-paragraph (i), for the words from “figures” (in the first place it occurs) to “arrived at” substitute “number mentioned in subsection (2B)”;
(ii) in sub-paragraph (ii), for “figures and that explanation” substitute “that number”;
(b) for subsection (2B) substitute—
(2B) The number is the total number of employees concerned.
;
(c) in subsection (2C)—
(i) in paragraph (b), omit the words from “and the number” to “categories”;
(ii) in paragraph (c), omit the words from “and the number” to “workplaces”;
(d) in subsection (2D), for “figures” substitute “the number”.
71 Industrial action ballots: information to be included on voting paper
(1) In section 229 of the Trade Union and Labour Relations (Consolidation) Act 1992 (information to be included on voting paper), omit subsections (2B) to (2D).
(2) In consequence of the amendment made by subsection (1), omit section 5 of the Trade Union Act 2016.
72 Period after which industrial action ballot ceases to be effective
In section 234 of the Trade Union and Labour Relations (Consolidation) Act 1992 (period after which industrial action ballot ceases to be effective), in subsection (1), for the words from “period” to the end substitute “period of 12 months beginning with the date of the ballot”.
(1) In the Trade Union Act 2016, omit section 4 (provision for electronic balloting for industrial action: review and piloting scheme).
(2) Subsection (1) does not affect the power of the Secretary of State to make an order under section 54 of the Employment Relations Act 2004 (permissible means of balloting) in relation to ballots for the purposes of section 226 of the Trade Union and Labour Relations (Consolidation) Act 1992 (ballots on industrial action).
(1) In section 234A of the Trade Union and Labour Relations (Consolidation) Act 1992 (notice to employers of industrial action)—
(a) in subsection (3B), omit paragraph (b) (but not the “and” after it);
(b) in subsection (3C)(b), omit the words from “and the number” to “categories”;
(c) in subsection (4), for paragraph (b) and the words after paragraph (b) substitute—
(b) ending with the tenth day before the day, or before the first of the days, specified in the relevant notice.
(2) In consequence of the amendment made by subsection (1)(c), omit section 8 of the Trade Union Act 2016.
(1) In the Trade Union and Labour Relations (Consolidation) Act 1992—
(a) in section 219 (protection from certain tort liabilities), in subsection (3), for the words from “unless” to the end substitute “unless it is done in the course of attendance declared lawful by section 220 (peaceful picketing)”;
(b) omit section 220A (union supervision of picketing).
(2) In consequence of the amendments made by subsection (1), omit section 10 of the Trade Union Act 2016.
76 Protection against detriment for taking industrial action
(1) The Trade Union and Labour Relations (Consolidation) Act 1992 is amended in accordance with subsections (2) and (3).
(2) In Part 5 (industrial action), after section 236 insert—
Protection against detriment
Detriment on grounds of industrial action
236A (1) A worker has the right not to be subjected as an individual to detriment of a prescribed description by any act, or any deliberate failure to act, by the worker’s employer, if the act or failure takes place for the sole or main purpose of preventing or deterring the worker from taking protected industrial action, or penalising the worker for doing so.
(2) For that purpose, a worker takes protected industrial action if the worker commits an act which, or a series of acts each of which, the worker is induced to commit by an act which by virtue of section 219 is not actionable in tort.
(3) But no account may be taken of the repudiation of any act by a trade union as mentioned in section 21 in relation to anything which occurs before the end of the next working day after the day on which the repudiation takes place.
(4) Regulations under subsection (1) may prescribe detriment of any description (instead of detriment of a specific description).
(5) Subsection (1) does not apply where the worker is an employee and the detriment in question amounts to dismissal (but see sections 237 to 239).
(6) A worker or former worker may present a complaint to an employment tribunal on the ground that the worker or former worker has been subjected to a detriment by an employer in contravention of this section.
(7) A worker or former worker has no other remedy for infringement of the right conferred by this section.
(8) In this section and sections 236B to 236D—
“employer” means—
in relation to a worker, the person for whom the worker works;
in relation to a former worker, the person for whom the former worker worked;
“worker” means an individual who works, or normally works, as mentioned in paragraphs (a) to (c) of section 296(1);
“working day” means any day which is not a Saturday or Sunday, Christmas Day, Good Friday or a bank holiday under the Banking and Financial Dealings Act 1971.
Time limit for proceedings
236B (1) An employment tribunal may not consider a complaint under section 236A unless it is presented—
(a) before the end of the period of six months beginning with the date of the act or failure to which the complaint relates or, where that act or failure is part of a series of similar acts or failures (or both), the last of them, 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) For the purposes of subsection (1)—
(a) where an act extends over a period, the reference to the date of the act is a reference to the last day of that period;
(b) a failure to act is to be treated as done when it was decided on.
(3) For the purposes of subsection (2), in the absence of evidence establishing the contrary, an employer is to be taken to decide on a failure to act—
(a) when the employer does an act inconsistent with doing the failed act, or
(b) if the employer has done no such inconsistent act, when the period expires within which the employer might reasonably have been expected to do the failed act if it was to be done.
(4) Section 292A (extension of time limits to facilitate conciliation before institution of proceedings) applies for the purposes of subsection (1)(a).
Consideration of complaint
236C On a complaint under section 236A it is for the employer to show what was the sole or main purpose for which the employer acted or failed to act.
Remedies
236D (1) Where the employment tribunal finds that a complaint under section 236A is well-founded, the tribunal—
(a) must make a declaration to that effect, and
(b) may make an award of compensation to be paid by the employer to the complainant in respect of the act or failure complained of.
(2) The amount of the compensation awarded is to be an amount which the tribunal considers just and equitable in all the circumstances having regard to the infringement complained of and to any loss sustained by the complainant which is attributable to the act or failure.
(3) The loss is to be taken to include—
(a) any expenses reasonably incurred by the complainant in consequence of the act or failure, and
(b) loss of any benefit which the complainant might reasonably be expected to have had but for the act or failure.
(4) In ascertaining the loss, the tribunal must apply the same rule concerning the duty of a person to mitigate loss as applies to damages recoverable under the common law of England and Wales or Scotland.
(5) Where the tribunal finds that the act or failure complained of was to any extent caused or contributed to by action of the complainant, it must reduce the amount of the compensation by such proportion as it considers just and equitable having regard to that finding.
(3) In section 296 (meaning of “worker”), in subsection (3), for “and 151(1B)” substitute “, 151(1B) and 236A(8)”.
(4) In section 18 of the Employment Tribunals Act 1996 (conciliation: relevant proceedings), in subsection (1)(a), for “or 192” substitute “, 192 or 236A”.
(5) In section 104 of the Employment Rights Act 1996 (unfair dismissal for assertion of statutory rights), in subsection (4)(c), for “and 170” substitute “, 170 and 236A”.
77 Protection against dismissal for taking industrial action
(1) The Trade Union and Labour Relations (Consolidation) Act 1992 is amended in accordance with subsections (2) to (4).
(2) In section 229 (industrial action ballots: voting paper), in subsection (4), omit the words from “if it takes place fewer than” to the end.
(3) In section 238A (protection for employees taking part in official industrial action)—
(a) in subsection (2), omit paragraph (b) (and the “and” before it);
(b) omit subsections (3) to (7D);
(c) omit subsection (9).
(4) Omit section 238B (conciliation and mediation: supplementary provisions).
(5) In consequence of the amendments made by subsections (2) to (4), in the Employment Relations Act 2004—
(a) omit section 26 (dismissal where employees locked out);
(b) omit section 27 (date of dismissal);
(c) omit section 28 (dismissal after end of protected period);
(d) in Schedule 1 (minor and consequential amendments), omit paragraph 13.
78 Repeal of provision about minimum service levels
(1) In the Trade Union and Labour Relations (Consolidation) Act 1992, omit sections 234B to 234G (minimum service levels for certain services).
(2) Accordingly, in that Act—
(a) in section 219 (protection from tort liabilities), in subsection (4), for the words from “to”, in the first place it occurs, to “steps);” substitute
to—
(a) sections 222 to 225 (action excluded from protection),
(b) section 226 (requirement of ballot before action by trade union), and
(c) section 234A (requirement of notice to employer of industrial action);
;
(b) in section 234A (notice to employers of industrial action), in subsection (3)—
(i) at the end of paragraph (a), insert “and”;
(ii) omit paragraph (ba) and the “and” before it;
(c) omit the italic heading before section 234B;
(d) for the italic heading before section 235 substitute “Sections 226 to 234A: meaning of “contract of employment””;
(e) in section 235 (construction of references to contract of employment)—
(i) in the heading, at the end insert “in sections 226 to 234A”;
(ii) for “to 234G” substitute “to 234A”;
(f) in section 238A (unfair dismissal: participation in official industrial action)—
(i) in subsection (2), insert “and” at the end of paragraph (a) and omit paragraph (aa) (and the “and” after it);
(ii) for subsection (9) substitute—
(9) In this section “date of dismissal” has the meaning given by section 238(5).
;
(g) in section 246 (minor definitions), for “where section 229(2A) applies (see that section and 234G(2))” substitute “for the purposes of section 229(2) (see section 229(2A))”;
(h) in section 299 (index of defined expressions)—
(i) in the entry for “contract of employment”, for “234G” substitute “234A”;
(ii) in the entry for “not protected”, for “, 234A and 234E” substitute “and 234A”;
(iii) omit the entries for “minimum service regulations (in Part 5)”, “relevant service (in Part 5)” and “work notice (in Part 5)”.
(3) The Strikes (Minimum Service Levels) Act 2023 is repealed.
79 Annual returns: removal of provision about industrial action
(1) In the Trade Union and Labour Relations (Consolidation) Act 1992, omit section 32ZA (details of industrial action etc to be included in annual return).
(2) In consequence of the amendment made by subsection (1), omit section 7 of the Trade Union Act 2016.
81 Removal of powers to enforce requirements relating to annual returns
(1) The Trade Union and Labour Relations (Consolidation) Act 1992 is amended in accordance with subsections (2) to (5).
(2) Omit section 32ZC (enforcement of sections 32ZA and 32ZB).
(3) In section 45 (rights of union members: offences), in subsection (1), for the words from “section 32” to “sections 32A” substitute “sections 32”.
(4) In section 45D (appeals from Certification Officer on question arising in proceedings etc under Chapters 1, 2 and 3 of Part 1), omit “, 32ZC”.
(5) In section 256 (procedure before the Certification Officer), in subsection (1)(c), omit “, 32ZC”.
(6) In consequence of the amendments made by subsections (2) to (5)—
(a) omit section 18 of the Trade Union Act 2016;
(b) in section 80 of this Act, omit subsections (3) and (4).
(1) The Trade Union and Labour Relations (Consolidation) Act 1992 is amended in accordance with subsections (2) to (6).
(2) In section 25 (duties with respect to register of members’ names and addresses: remedies), omit subsection (6A).
(3) In section 45D (appeals from Certification Officer on question arising in proceedings etc under Chapters 1, 2 and 3 of Part 1), omit “or paragraph 5 of Schedule A3”.
(4) In section 256 (procedure before the Certification Officer), in subsection (1)(c), omit “or under paragraph 5 of Schedule A3”.
(5) Omit section 256C (investigatory powers).
(6) Omit Schedule A3 (Certification Officer: investigatory powers).
(7) In consequence of the amendments made by subsections (2) to (6)—
(a) in section 43 of the Transparency of Lobbying, Non-Party Campaigning and Trade Union Administration Act 2014, omit subsection (4);
(b) in the Trade Union Act 2016—
(i) in section 17, omit subsections (1) and (2);
(ii) omit Schedule 1;
(iii) in Schedule 4, omit paragraphs 2 and 3(b).
(1) The Trade Union and Labour Relations (Consolidation) Act 1992 is amended in accordance with subsections (2) to (9).
(2) In section 45C (duty to secure union positions not held by certain offenders: remedies and enforcement)—
(a) in subsection (1), omit the words from “; but the Certification Officer” to the end;
(b) in subsection (2A)—
(i) in paragraph (b), omit “(if any)”;
(ii) in paragraph (c), omit “(if any)”.
(3) In section 54 (elections for union positions: remedies), in subsection (1), omit the words after paragraph (b).
(4) In section 55 (elections for union positions: powers of Certification Officer)—
(a) in the heading, for “Powers of” substitute “Application to”;
(b) in subsection (1)—
(i) omit “, either”;
(ii) omit paragraph (b) and the “or” before it;
(c) in subsection (2)—
(i) in paragraph (b), omit “(if any)”;
(ii) in paragraph (c), omit “(if any)”.
(5) In section 72A (application of funds in breach of section 71: remedies)—
(a) in subsection (1), omit the words from “; but the Certification Officer” to the end;
(b) in subsection (2A)—
(i) in paragraph (b), omit “(if any)”;
(ii) in paragraph (c), omit “(if any)”.
(6) In section 79 (remedy for failure to comply with political ballot rules), in subsection (1), omit the words from “; but the Certification Officer” to the end.
(7) In section 80 (remedy for failure to comply with political ballot rules: powers of Certification Officer)—
(a) in the heading, for “Powers of” substitute “Application to”;
(b) in subsection (1)—
(i) omit “either”;
(ii) omit “or without any such application having been made”;
(c) in subsection (2)—
(i) in paragraph (b), omit “(if any)”;
(ii) in paragraph (c), omit “(if any)”.
(8) In section 82 (rules as to political fund)—
(a) in subsection (2), omit the words from “; but the Officer” to the end;
(b) in subsection (3)—
(i) in paragraph (b), omit “(if any)”;
(ii) in paragraph (c), omit “(if any)”.
(9) In section 103 (passing of amalgamation or transfer resolution: powers of Certification Officer)—
(a) in the heading, for “Powers of” substitute “Complaint to”;
(b) in subsection (1), omit the words from “; but the Officer” to the end;
(c) in subsection (3A)—
(i) in paragraph (b), omit “(if any)”;
(ii) in paragraph (c), omit “(if any)”.
(10) In consequence of the amendments made by subsections (2) to (9), in the Trade Union Act 2016—
(a) in section 17(3), for the words from “to enable the Certification Officer” to “the Officer” substitute “in relation to the powers of the Certification Officer”;
(b) in Schedule 2—
(i) in the heading of the Schedule, omit “without application”;
(ii) in paragraph 3, omit sub-paragraph (2);
(iii) in paragraph 6, omit sub-paragraph (2).