Employment Relations Bill

House of Commons

Session 2003 - 04
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Other Bills before Parliament

Employment Relations Bill

Employment Relations Bill
Part 1 — Union recognition
12

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Power to make provision about effect of amalgamations etc.
After paragraph 169 of Schedule A1 to the 1992 Act insert—
“Effect of union amalgamations and transfers of engagements
169A  (1)
The Secretary of State may by order make provision for any case
where—
5
(a)
an application has been made, a declaration has been issued,
or any other thing has been done under or for the purposes of
this Schedule by, to or in relation to a union, or
(b)
anything has been done in consequence of anything so done,

and the union amalgamates or transfers all or any of its
10
engagements.
      (2)
An order under this paragraph may, in particular, make provision
for cases where an amalgamated union, or union to which
engagements are transferred, does not have a certificate of
independence.
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Effect of change of identity of employer
169B  (1)
The Secretary of State may by order make provision for any case
where—
(a)
an application has been made, a declaration has been issued,
or any other thing has been done under or for the purposes of
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this Schedule in relation to a group of workers, or
(b)
anything has been done in consequence of anything so done,

and the person who was the employer of the workers constituting
that group at the time the thing was done is no longer the employer
of all of the workers constituting that group (whether as a result of a
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transfer of the whole or part of an undertaking or business or
otherwise).
      (2)
In this paragraph “group” includes two or more groups taken
together.
Orders under paragraphs 169A and 169B: supplementary
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169C  (1)
An order under paragraph 169A or 169B may—
(a)
amend this Schedule;
(b)
include supplementary, incidental, saving or transitional
provisions;
(c)
make different provision for different cases or circumstances.
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      (2)
An order under paragraph 169A or 169B shall be made by statutory
instrument.
      (3)
No such order shall be made unless a draft of it has been laid before
Parliament and approved by a resolution of each House of
Parliament.”
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Employment Relations Bill
Part 1 — Union recognition
13

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Information about union membership and employment in bargaining unit
After paragraph 170 of Schedule A1 to the 1992 Act insert—
“Supply of information to CAC
170A  (1)
The CAC may, if it considers it necessary to do so to enable or assist
it to exercise any of its functions under this Schedule, exercise any or
5
all of the powers conferred in sub-paragraphs (2) to (4).
      (2)
The CAC may require an employer to supply the CAC case manager,
within such period as the CAC may specify, with specified
information concerning either or both of the following—
(a)
the workers in a specified bargaining unit who work for the
10
employer;
(b)
the likelihood of a majority of those workers being in favour
of the conduct by a specified union (or specified unions) of
collective bargaining on their behalf.
      (3)
The CAC may require a union to supply the CAC case manager,
15
within such period as the CAC may specify, with specified
information concerning either or both of the following—
(a)
the workers in a specified bargaining unit who are members
of the union;
(b)
the likelihood of a majority of the workers in a specified
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bargaining unit being in favour of the conduct by the union
(or by it and other specified unions) of collective bargaining
on their behalf.
      (4)
The CAC may require an applicant worker to supply the CAC case
manager, within such period as the CAC may specify, with specified
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information concerning the likelihood of a majority of the workers in
his bargaining unit being in favour of having bargaining
arrangements ended.
      (5)
The recipient of a requirement under this paragraph must, within the
specified period, supply the CAC case manager with such of the
30
specified information as is in the recipient’s possession.
      (6)
From the information supplied to him under this paragraph, the
CAC case manager must prepare a report and submit it to the CAC.
      (7)
If an employer, a union or a worker fails to comply with sub-
paragraph (5), the report under sub-paragraph (6) must mention that
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failure; and the CAC may draw an inference against the party
concerned.
      (8)
The CAC must give a copy of the report under sub-paragraph (6) to
the employer, to the union (or unions) and, in the case of an
application under paragraph 112 or 137, to the applicant worker (or
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applicant workers).
      (9)
In this paragraph—
“applicant worker” means a worker who—
(a)
falls within a bargaining unit (“his bargaining unit”)
and
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(b)
has made an application under paragraph 112 or 137
to have bargaining arrangements ended;

Employment Relations Bill
Part 1 — Union recognition
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“the CAC case manager” means the member of the staff
provided to the CAC by ACAS who is named in the
requirement (but the CAC may, by notice given to the
recipient of a requirement under this paragraph, change the
member of that staff who is to be the CAC case manager for
5
the purposes of that requirement);
“collective bargaining” is to be construed in accordance with
paragraph 3; and
“specified” means specified in a requirement under this
paragraph.”
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15
“Pay” and other matters subject to collective bargaining
After paragraph 171 of Schedule A1 to the 1992 Act insert—
““Pay” and other matters subject to collective bargaining
171A  (1)
In this Schedule “pay” does not include terms relating to a person’s
membership of or rights under, or his employer’s contributions to—
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(a)
an occupational pension scheme (as defined by section 1 of
the Pension Schemes Act 1993), or
(b)
a personal pension scheme (as so defined).
      (2)
The Secretary of State may by order amend sub-paragraph (1).
      (3)
The Secretary of State may by order—
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(a)
amend paragraph 3(3), 54(4) or 94(6)(b) by adding specified
matters relating to pensions to the matters there specified to
which negotiations may relate;
(b)
amend paragraph 35(2)(b) or 44(2)(b) by adding specified
matters relating to pensions to the core topics there specified.
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      (4)
An order under this paragraph may—
(a)
include supplementary, incidental, saving or transitional
provisions including provision amending this Schedule, and
(b)
make different provision for different cases.
      (5)
An order under this paragraph may make provision deeming—
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(a)
the matters to which any pre-commencement declaration of
recognition relates, and
(b)
the matters to which any pre-commencement method of
collective bargaining relates,

to include matters to which a post-commencement declaration of
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recognition or method of collective bargaining could relate.
      (6)
In sub-paragraph (5)—
“pre-commencement declaration of recognition” means a
declaration of recognition issued by the CAC before the
coming into force of the order,
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“pre-commencement method of collective bargaining” means
a method of collective bargaining specified by the CAC
before the coming into force of the order,

and references to a post-commencement declaration of recognition
or method of collective bargaining shall be construed accordingly.
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Employment Relations Bill
Part 1 — Union recognition
15

      (7)
An order under this paragraph shall be made by statutory
instrument; and no such order shall be made unless a draft of it has
been laid before Parliament and approved by a resolution of each
House of Parliament.”
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Information required by ACAS for ballots and ascertaining union
5
membership
After section 210 of the 1992 Act insert—
“210A
Information required by ACAS for purposes of settling recognition
disputes
(1)
This section applies where ACAS is exercising its functions under
10
section 210 with a view to bringing about a settlement of a recognition
dispute.
(2)
The parties to the recognition dispute may jointly request ACAS or a
person nominated by ACAS to do either or both of the following—
(a)
hold a ballot of the workers involved in the dispute;
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(b)
ascertain the union membership of the workers involved in the
dispute.
(3)
In the following provisions of this section references to ACAS include
references to a person nominated by ACAS; and anything done by such
a person under this section shall be regarded as done in the exercise of
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the functions of ACAS mentioned in subsection (1).
(4)
At any time after ACAS has received a request under subsection (2), it
may require any party to the recognition dispute—
(a)
to supply ACAS with specified information concerning the
workers involved in the dispute, and
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(b)
to do so within such period as it may specify.
(5)
ACAS may impose a requirement under subsection (4) only if it
considers that it is necessary to do so—
(a)
for the exercise of the functions mentioned in subsection (1);
and
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(b)
in order to enable or assist it to comply with the request.
(6)
The recipient of a requirement under this section must, within the
specified period, supply ACAS with such of the specified information
as is in the recipient’s possession.
(7)
A request under subsection (2) may be withdrawn by any party to the
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recognition dispute at any time and, if it is withdrawn, ACAS shall take
no further steps to hold the ballot or to ascertain the union membership
of the workers involved in the dispute.
(8)
If a party to a recognition dispute fails to comply with subsection (6),
ACAS shall take no further steps to hold the ballot or to ascertain the
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union membership of the workers involved in the dispute.
(9)
Nothing in this section requires ACAS to comply with a request under
subsection (2).
(10)
In this section—

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Part 2 — Law relating to industrial action
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“party”, in relation to a recognition dispute, means each of the
employers, employers’ associations and trade unions involved
in the dispute;

“a recognition dispute” means a trade dispute between employers
and workers which is connected wholly or partly with the
5
recognition by employers or employers’ associations of the
right of a trade union to represent workers in negotiations,
consultations or other procedures relating to any of the matters
mentioned in paragraphs (a) to (f) of section 218(1);

“specified” means specified in a requirement under this section;
10
and

“workers” has the meaning given in section 218(5).”
Part 2
Law relating to industrial action
17
Information about employees to be balloted on industrial action
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(1)
Section 226A of the 1992 Act (notice of ballot and sample voting paper for
employers) is amended as follows.
(2)
In subsection (1)(b) for “subsection (3)” substitute “subsection (2E)”.
(3)
For subsection (2)(c) substitute—
“(c)
containing the lists mentioned in subsection (2A) and the
20
figures mentioned in subsection (2B), together with an
explanation of how those figures were arrived at.”
(4)
After subsection (2) insert—
“(2A)
The lists are—
(a)
a list of the categories of employee to which the employees
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concerned belong, and
(b)
a list of the workplaces of the employees concerned.
(2B)
The figures are—
(a)
the total number of employees concerned,
(b)
the number of the employees concerned in each of the
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categories in the list mentioned in subsection (2A)(a), and
(c)
the number of the employees concerned who work at each
workplace in the list mentioned in subsection (2A)(b).
(2C)
The lists and figures supplied under this section must be as accurate as
is reasonably practicable in the light of the information in the
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possession of the union at the time when it complies with subsection
(1)(a).
(2D)
For the purposes of subsection (2C) information is in the possession of
the union if it is held, for union purposes—
(a)
in a document, whether in electronic form or any other form,
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and
(b)
in the possession or under the control of an officer or employee
of the union.

Employment Relations Bill
Part 2 — Law relating to industrial action
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(2E)
The sample voting paper referred to in paragraph (b) of subsection (1)
is—
(a)
a sample of the form of voting paper which is to be sent to the
employees concerned, or
(b)
where the employees concerned are not all to be sent the same
5
form of voting paper, a sample of each form of voting paper
which is to be sent to any of them.
(2F)
Nothing in this section requires a union to supply an employer with the
names of the employees concerned.
(2G)
In this section references to the “employees concerned” are references
10
to those employees of the employer in question who the union
reasonably believes will be entitled to vote in the ballot.
(2H)
In this section “workplace” means—
(a)
in relation to an employee who works at or from a single set of
premises, those premises, and
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(b)
in relation to any other employee, the premises with which his
employment has the closest connection.”
(5)
Omit subsections (3) to (3B).
(6)
In subsection (5) for “subsection (3)” substitute “subsection (2E)”.
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Entitlement to vote in ballot on industrial action
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In section 227(1) of the 1992 Act (entitlement to vote in ballot on industrial
action) after “induced” insert “by the union”.
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Inducement of members not accorded entitlement to vote
(1)
In section 232B of the 1992 Act (small accidental failures to comply with certain
provisions in relation to industrial action ballot to be disregarded)—
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(a)
in subsection (1), at the end add “for all purposes (including, in
particular, those of section 232A(c))”; and
(b)
in subsection (2), for “230(2A)” substitute “230(2B)”.
(2)
In section 62 of that Act (right of union member to ballot before industrial
action), in subsection (2), omit “and” at the end of paragraph (b) and after that
30
paragraph insert—
“(bb)
section 232A does not prevent the industrial action from being
regarded as having the support of the ballot; and”.
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Information about employees to be contained in notice of industrial action
(1)
Section 234A of the 1992 Act (notice to employers of industrial action) is
35
amended as follows.
(2)
In subsection (3)—
(a)
for paragraph (a) substitute—
“(a)
contains the lists mentioned in subsection (3A) and the
figures mentioned in subsection (3B), together with an
40
explanation of how those figures were arrived at, and”;
and

Employment Relations Bill
Part 2 — Law relating to industrial action
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(b)
omit paragraph (c) and the word “and” immediately preceding it.
(3)
After subsection (3) insert—
“(3A)
The lists referred to in subsection (3)(a) are—
(a)
a list of the categories of employee to which the affected
employees belong, and
5
(b)
a list of the workplaces of the affected employees.
(3B)
The figures referred to in subsection (3)(a) are—
(a)
the total number of the affected employees,
(b)
the number of the affected employees in each of the categories
in the list mentioned in subsection (3A)(a), and
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(c)
the number of the affected employees who work at each
workplace in the list mentioned in subsection (3A)(b).
(3C)
The lists and figures supplied under this section must be as accurate as
is reasonably practicable in the light of the information in the
possession of the union at the time when it complies with subsection
15
(1).
(3D)
For the purposes of subsection (3C) information is in the possession of
the union if it is held, for union purposes—
(a)
in a document, whether in electronic form or any other form,
and
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(b)
in the possession or under the control of an officer or employee
of the union.
(3E)
Nothing in this section requires a union to supply an employer with the
names of the affected employees.”
(4)
In subsection (5), for “is one of the affected employees” substitute “falls within
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a category of employee, and is employed at a workplace, listed in the notice”.
(5)
For subsection (5A) substitute—
“(5B)
In this section references to the “affected employees” are references to
those employees of the employer who the union reasonably believes
will be induced by the union, or have been so induced, to take part or
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continue to take part in the industrial action.
(5C)
In this section “workplace” means—
(a)
in relation to an affected employee who works at or from a
single set of premises, those premises, and
(b)
in relation to any other affected employee, the premises with
35
which his employment has the closest connection.”
(6)
In subsection (8), after “, (5)” insert “, (5B)”.
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Dismissal where employees taking protected industrial action locked out
(1)
Section 238A of the 1992 Act (dismissal in connection with participation in
official industrial action) is amended as follows.
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(2)
In subsection (3) for the words from “within” to the end substitute “within the
protected period”.