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Session 2003 - 04
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Employment Relations Bill


 

Employment Relations Bill

 
 

EXPLANATORY NOTES

Explanatory notes to the Bill, prepared by the Department of Trade and Industry, will

be published separately as EN—7.

EUROPEAN CONVENTION ON HUMAN RIGHTS

Ms Secretary Hewitt has made the following statement under section 19(1)(a) of the

Human Rights Act 1998:

In my view the provisions of the Employment Relations Bill are compatible with the

Convention rights.

 
Bill 753/3
 
 

 

Employment Relations Bill

 

 
 

Contents

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   

Power of the CAC to extend notification period

7   

Postal votes for workers absent from ballot at workplace

8   

Application where agreement does not cover pay, hours and holidays

9   

Employer’s notice to end bargaining arrangements

10   

Appeals against demands for costs

11   

Power to amend Schedule A1 to the 1992 Act

12   

Means of communicating with workers

13   

Power to make provision about effect of amalgamations etc.

14   

Information about union membership and employment in bargaining unit

15   

“Pay” and other matters subject to collective bargaining

16   

Information required by ACAS for ballots and ascertaining union

membership

Part 2

Law relating to industrial action

17   

Information about employees to be balloted on industrial action

18   

Entitlement to vote in ballot on industrial action

19   

Inducement of members not accorded entitlement to vote

20   

Information about employees to be contained in notice of industrial action

21   

Dismissal where employees taking protected industrial action locked out

22   

Date of dismissal

 
Bill 753/3
 
 

Employment Relations Bill

iv

 

Part 3

Rights of trade union members, workers and employees

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

23   

Inducements relating to union membership or activities

24   

Extension of protection against detriment for union membership etc.

25   

Detriment for use of union services or refusal of inducement

26   

Dismissal for use of union services or refusal of inducement

Other rights of workers and employees

27   

Role of companion at disciplinary or grievance hearing

28   

Extension of jurisdiction of Employment Appeal Tribunal

29   

Ways in which provision conferring rights on individuals may be made

30   

Flexible working

31   

Information and consultation

Part 4

Enforcement of minimum wage legislation

32   

Information supplied by worker and employer

33   

Enforcement notices

34   

Enforcement officers for agricultural wages legislation

Part 5

The Certification Officer

35   

Striking out by Certification Officer of applications or complaints

36   

Restriction of proceedings orders: proceedings before Certification Officer

37   

Amalgamations: approval, listing and certification

38   

Restriction of grounds of appeal from Certification Officer

Part 6

Miscellaneous

39   

Additional case in which election for president of union not required

40   

Removal of rule preventing appointment of body corporate as auditor

41   

Means of voting in ballots and elections

Part 7

Supplementary provisions

42   

Meaning of “the 1992 Act”

43   

Minor and consequential amendments and repeals

44   

Corresponding provision for Northern Ireland

45   

Citation, commencement and extent

 
 

Employment Relations Bill

v

 

Schedule 1   —   

Minor and consequential amendments

Schedule 2   —   

Repeals

 
 

 
contents continue
 
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Revised 2 December 2003