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Employment Relations Act 2004

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Introductory Text

Part 1 Union recognition

1.Application for decision on whether proposed bargaining unit is appropriate
2.Power of the CAC to end period for agreement on bargaining unit
3.Duty of employer to supply information to union
4.Determination of appropriate bargaining unit
5.Union communications with workers after acceptance of application
6.Circumstances in which the CAC must arrange a ballot
7.Power of the CAC to extend notification period
8.Postal votes for workers absent from ballot at workplace
9.Additional duties on employers informed of ballots
10.Unfair practices in relation to recognition ballots
11.Application where agreement does not cover pay, hours and holidays
12.Employer’s notice to end bargaining arrangements
13.Unfair practices in relation to derecognition ballots
14.Appeals against demands for costs
15.Power to amend Schedule A1 to the 1992 Act
16.Means of communicating with workers
17.Unfair practices: power to make provision about periods before notice of ballot
18.Power to make provision about effect of amalgamations etc.
19.Information about union membership and employment in bargaining unit
20.“Pay” and other matters subject to collective bargaining
21.Information required by ACAS for ballots and ascertaining union membership

Part 2 Law relating to industrial action

22.Information about employees to be balloted on industrial action
23.Entitlement to vote in ballot on industrial action
24.Inducement of members not accorded entitlement to vote
25.Information about employees to be contained in notice of industrial action
26.Dismissal where employees taking protected industrial action locked out
27.Date of dismissal
28.Dismissal after end of protected period

Part 3 Rights of trade union members, workers and employees

Inducements and detriments in respect of membership etc. of independent trade union

29.Inducements relating to union membership or activities
30.Extension of protection against detriment for union membership etc.
31.Detriment for use of union services or refusal of inducement
32.Dismissal for use of union services or refusal of inducement

Exclusion and expulsion from trade unions

33.Exclusion or expulsion from trade union attributable to conduct
34.Applications no longer to be made to Employment Appeal Tribunal

Other rights of workers and employees

35.Disapplication of qualifying period and upper age limit for unfair dismissal
36.National security: powers of employment tribunals
37.Role of companion at disciplinary or grievance hearing
38.Extension of jurisdiction of Employment Appeal Tribunal
39.Ways in which provision conferring rights on individuals may be made
40.Protection of employees in respect of jury service
41.Flexible working
42.Information and consultation: Great Britain
43.Information and consultation: Northern Ireland

Part 4 Enforcement of minimum wage legislation

44.Information supplied by worker and employer
45.Enforcement notices
46.Withdrawal and replacement of, and appeals against, notices
47.Enforcement officers for agricultural wages legislation

Part 5 The Certification Officer

48.Striking out by Certification Officer of applications or complaints
49.Restriction of proceedings orders: proceedings before Certification Officer
50.Amalgamations: approval, listing and certification
51.Restriction of grounds of appeal from Certification Officer

Part 6 Miscellaneous

52.Additional case in which election for president of union not required
53.Removal of rule preventing appointment of body corporate as auditor
54.Means of voting in ballots and elections
55.Provision of money for trade union modernisation

Part 7 Supplementary provisions

56.Meaning of “the 1992 Act”
57.Minor and consequential amendments and repeals
58.Corresponding provision for Northern Ireland
59.Citation, commencement and extent

SCHEDULES

SCHEDULE 1
Minor and consequential amendments

Agricultural Wages Act 1948
1.In section 15A of the Agricultural Wages Act 1948 (c....

Agricultural Wages (Regulation) (Northern Ireland) Order 1977
2.In Article 11A of the Agricultural Wages (Regulation) (Northern Ireland)...

The 1992 Act

3.In section 19 of the 1992 Act (application of certain...
4.In section 41(3) of the 1992 Act (date of next...
5.In section 54(3) of the 1992 Act (time limit for...
6.In section 82 of the 1992 Act (rules as to...
7.In section 103 of the 1992 Act (complaints as regards...
8.In section 146 of the 1992 Act (action short of...
9.In section 148 of the 1992 Act (consideration of complaint),...
10.In section 150 of the 1992 Act (awards against third...
11.(1) Section 155 of the 1992 Act (matters to be...
12.In section 161(3) of the 1992 Act (application for interim...
13.In section 229(4) of the 1992 Act (statement which must...
14.In section 233 of the 1992 Act (calling of industrial...
15.In section 263A of the 1992 Act (proceedings of the...
16.(1) Section 284 of the 1992 Act (share fishermen) is...
17.(1) Section 285 of the 1992 Act (employment outside Great...
18.In section 286(1) of the 1992 Act (provisions that may...
19.In section 288(1)(b) of the 1992 Act (provisions restricting rights...
20.(1) Section 292 of the 1992 Act (death of employee...
21.In section 296 of the 1992 Act (meaning of “worker”...
22.In section 299 of the 1992 Act (index of defined...
23.(1) Schedule A1 to the 1992 Act (union recognition) is...

Employment Tribunals Act 1996

24.In section 10(1) of the Employment Tribunals Act 1996 (c....
25.In section 18 of that Act (conciliation), in subsection (1)(b),...
26.In section 30(2) of that Act (matters which may be...
27.In section 36 of that Act (enforcement of decisions of...

Employment Rights Act 1996

28.In section 92 of the Employment Rights Act 1996 (c....
29.In section 95(1) of that Act (circumstances in which employee...
30.In section 98(6)(b) of that Act (provisions to which provision...
31.In section 104(4)(c) of that Act (assertion of statutory right),...
32.In section 108(3) of that Act (exceptions to one year...
33.In section 109(2) of that Act (exceptions to upper age...
34.(1) Section 191 of that Act (application to the Crown)...
35.In subsection (2) of section 192 of that Act (provisions...
36.(1) Section 194 of that Act (provisions of the Act...
37.(1) Section 195 of that Act (provisions of the Act...
38.In section 200 of that Act (application of certain provisions...
39.(1) Section 202 of that Act (restrictions on disclosure of...

National Minimum Wage Act 1998

40.In section 15 of the National Minimum Wage Act 1998...
41.In section 16 of that Act (disclosure of information obtained...

Employment Relations Act 1999
42.(1) Section 34 of the Employment Relations Act 1999 (c....

Employment Act 2002
43.In each of Schedules 3, 4 and 5 to the...

SCHEDULE 2
Repeals